Criminal lawyers in Australia

How criminal law works in Australia

Most criminal law in Australia is state and territory law, so the offences, penalties and court processes depend on where the offence is alleged to have happened. Federal offences, like importing drugs or defrauding a Commonwealth agency, are prosecuted by the Commonwealth, and almost all of them are heard in state and territory courts.

Almost every matter starts in the Local Court or Magistrates Court. Less serious charges are finished there, by a magistrate. More serious charges can be sent up to the District or County Court, or the Supreme Court, where they may be heard by a judge and jury. Some places, including Tasmania and the Northern Territory, don't have a middle court, so serious matters go straight to the Supreme Court.

When to call a criminal lawyer

• Before a police interview. This is often the point where advice makes the biggest difference.
• As soon as you're charged or receive a court attendance notice, so there's time to look at the evidence before your first court date.
• If you've been refused bail, or need bail conditions changed.
• When your licence, job or visa is at risk. A conviction can affect all three, and a lawyer can tell you what outcomes are realistic, including whether a non-conviction outcome is possible.

What to ask before you hire one

• How often do you appear in the court my matter is in? Local knowledge of magistrates and prosecutors is useful.
• Who will actually run my case? And who will appear in court on the day.
• What will it cost, and is that a fixed fee? Ask what happens to the cost if the matter goes to a hearing or trial.
• Does anyone at the firm hold specialist accreditation in criminal law? It's offered in several states, including through the Law Society of NSW and the Queensland Law Society.