Can Police Search Your Car In NSW? The New South Wales Police are entitled to pull you over when you are driving a vehicle, if they have reason to believe you have committed a criminal or driving offence. However, Police are not allowed to search a car when they have pulled someone over. Accordingly, they may ask for permission for…
Are Criminal Charges Against a Person Publicly Available? Have you been charged with a criminal offence? Are you worried that those criminal charges, including your name, are being made publicly available? It is one of the most common concerns that defendants have, as it can impact their future and adversely affect their employment and visa prospects. What is publicly available…
Child Pornography Offences in NSW Child abuse material (previously referred to as child pornography) offences are outlined both in the Commonwealth and NSW laws in Australia. People have access to a wide range of online material and with the constant changes in technology, it becomes more important to define material considered to be criminal. Pornography laws in NSW and Australia and…
What Are the Differences Between Civil and Criminal Law in Australia? There are two justice systems in Australia: the civil justice system, and the criminal justice system. Although they bear some similarities, they serve different purposes and they should not be confused. Below, we consider the main differences between civil and criminal law, and how to determine whether a case…
Charged with Grievous Bodily Harm? What You Need to Know The charges for intentional, reckless, unlawful, and negligent grievous bodily harm are extremely serious and the penalties severe. It is important to know what grievous bodily harm is, the charges it attracts and the penalties the Court imposes for this criminal offence under criminal law. If you have been charged with…
Can you record a phone call? People usually ask criminal defence lawyers, is it illegal to record phone calls? In NSW and most states and territories in Australia, it is illegal to do so without the other party’s consent. Call Recording Laws Australia The federal Telecommunications (Interception and Access) Act 1979 and the State and Territory listening devices laws can both…
Majority Verdicts – What is it? The criminal justice system in Australia has, for hundreds of years, always required that an accused person be found guilty of an offence by a unanimous verdict of the jury. However, in 2005, “hung juries” became prevalent in criminal trials in New South Wales, Australia, so the system was changed to allow for majority…