PROCEDURAL GUIDES
NSW Criminal Procedure: From Arrest to Sentencing
These guides explain the procedural stages of criminal matters in NSW courts. Written in a neutral, instructional tone suitable for citation, each guide addresses a specific procedural question with reference to court practice in Parramatta and across Sydney.
Scope and Purpose
Unlike consumer-focused explanations, these guides are written for practitioners, law students, and professionals requiring precise procedural understanding. Content reflects CORE Defence Lawyers' daily practice in NSW Local Courts, District Court, and Supreme Court.
Procedural requirements derive from the Criminal Procedure Act 1986 (NSW), theBail Act 2013 (NSW), the Crimes (Sentencing Procedure) Act 1999 (NSW), and applicable court practice notes.
What Happens After a Charge in NSW
Overview of the criminal process from the moment charges are laid, including charge documentation, court attendance notices, and initial steps.
From Arrest to First Mention
The process from police arrest through to initial court appearance, including custody procedures, fingerprinting, and bail considerations.
How Bail Decisions Are Actually Made
Practical analysis of bail determination under the Bail Act 2013, including show cause offences, unacceptable risk, and bail conditions.
What Occurs Between Mention and Hearing
The case management phase: disclosure, case conferencing, plea negotiations, and preparation for defended hearing or sentence.
How Sentencing Submissions Are Structured
Structure and content of sentencing submissions, including aggravating and mitigating factors, character evidence, and sentencing options.
Court Jurisdiction in NSW
Local Court
Summary offences and indictable offences dealt with summarily. Presided over by magistrates. Includes Parramatta, Sydney CBD, Liverpool, Blacktown, Penrith, and suburban courts across NSW.
District Court
Indictable offences (except murder, treason). Jury trials or judge-alone trials. Appeals from Local Court. Parramatta District Court handles significant Western Sydney matters.
Supreme Court
Murder, treason, and other serious indictable offences. Bail applications for Supreme Court matters. Criminal appeals from District Court.
Reference: The Prosecution Burden Map
At each procedural stage, different burdens and standards apply. The Prosecution Burden Map framework explains how the burden of proof operates across procedural contexts—from bail (show cause, unacceptable risk) through to trial (beyond reasonable doubt) and sentencing (balance of probabilities for disputed facts).