Criminal Law Lithgow & Blue Mountains

Court proceedings generally start with the issuing of a Court Attendance Notice, which may be issued by police or, in certain circumstances, by an individual.

The Road Transport Act sets out penalties for driving offences. Serious offences, such as PCA (drink-driving) charges, can result in imprisonment, while less serious offences, like speeding, usually attract fines.

The Crimes (Domestic and Personal Violence) Act 2007 provides legal protections for people who experience domestic and personal violence.

These matters are usually dealt with in the Local Court. Some table offences may be heard in the District Court, while indictable offences must proceed to the District or Supreme Court.

The Crimes Act 1900 is the main legislation dealing with criminal offences in NSW, covering offences such as theft, assault, and homicide.

Under the Crimes (Sentencing Procedure) Act, a court may order a person to enter into one of three types of bonds.

1. Conditional Release Orders: If you plead guilty or are found guilty of a less serious offence and have little or no criminal history, the court may impose a Conditional Release Order (CRO). In some cases, a CRO can be made without recording a conviction. A CRO allows you to remain in the community, provided you comply with conditions, including not committing any further offences. Additional conditions may apply, such as supervision by Community Corrections. If you breach a CRO, you may be brought back before the court and resentenced.
2. Community Corrections Orders (CCO): If you plead guilty or are found guilty of a more serious offence, or if you have previously breached a CRO, the court may impose a Community Corrections Order (CCO). A CCO allows you to remain in the community under strict conditions, including not committing any further offences.
   Most CCOs include supervision by Community Corrections and are used as an alternative to imprisonment. If a CCO is breached, you may be returned to court and resentenced, which can include a custodial sentence.
3. Intensive Corrections Order (ICO): If you plead guilty or are found guilty of a serious offence and the court determines that a custodial sentence is required, it may impose a term of imprisonment. In some cases, instead of serving that sentence in prison, the court may allow it to be served in the community under an Intensive Corrections Order (ICO). An ICO involves strict supervision by Community Corrections and may include conditions such as unpaid community service. If an ICO is breached, the offender will usually be required to serve the remainder of the sentence in prison.