Criminal law covers offences created by the Crimes Act 1900, the Drug Misuse and Trafficking Act 1985, the Road Transport Act 2013 and many other statutes, together with the rules of procedure and sentencing that apply once a person is charged. Defence work includes bail applications, plea negotiations, hearings and trials, sentencing submissions and appeals. Related matters include apprehended violence orders and the criminal side of traffic offences such as drink driving and driving while disqualified.
The courts that hear criminal matters
Most charges begin in the Local Court of New South Wales, which finalises the majority of summary offences and some less serious indictable offences. More serious indictable matters are committed to the District Court, usually with a jury, and the most serious, such as murder, are heard in the Supreme Court of New South Wales. Appeals from the lower courts go to the District Court or the Court of Criminal Appeal. People under 18 are generally dealt with in the Children's Court of NSW. Federal offences are prosecuted in the same state courts.
Legal aid
Legal Aid NSW funds criminal defence for people who pass its means and merit tests, and duty solicitors from Legal Aid NSW and the Aboriginal Legal Service attend many Local Courts on listing days. The Legal Aid NSW website and LawAccess NSW explain the current criteria. Private solicitors can also accept legally aided work if they are on a panel.
What to bring to a first meeting
- The court attendance notice, charge sheet or penalty notice
- Any bail conditions or paperwork given by police
- The police facts sheet, if you have received it
- Details of any prior criminal or traffic history
- Employment, study and family information that may be relevant to sentencing
Checking a lawyer
A solicitor must hold a current practising certificate, which the Law Society of NSW register confirms. Barristers who appear in the District and Supreme Courts are listed by the NSW Bar Association.
Defence lawyers on this page appear in courts near the Sydney CBD, Parramatta and Western Sydney, the North Shore, the Eastern Suburbs, the Inner West, the South West, Sutherland, the Hills District and the Northern Beaches.
The listings below are alphabetical and are not ranked.
Common questions
What is the difference between a summary and an indictable offence?
Summary offences are less serious and are dealt with by a magistrate in the Local Court. Indictable offences are more serious and are usually heard in the District or Supreme Court before a judge and jury. Some indictable offences can be finalised in the Local Court if the prosecution and the accused agree, with a lower maximum sentence.
Can I get legal aid for a criminal charge?
Legal Aid NSW can fund a lawyer for criminal matters where the person meets its means test and the matter meets its merit test, which considers factors such as the seriousness of the charge and the likelihood of imprisonment. Duty solicitors also give free help at many Local Courts on the day, whether or not a grant of aid is later approved.
What happens at a first court appearance?
The matter is called, the charge is read or noted, and the magistrate deals with bail and sets dates for the next steps, such as service of the brief of evidence. Many first appearances are short mentions. The accused indicates whether they will plead guilty or not guilty, or asks for time to obtain legal advice.
Criminal & Traffic Offence lawyers by suburb
Eastern Suburbs
Bellevue Hill, Ben Buckler, Bondi, Bondi Beach, Bondi Junction, Bondi Junction Plaza, Bronte, Centennial Park, Charing Cross, Clovelly, Clovelly West, Coogee, Daceyville, Darling Point, Diamond Bay, Double Bay, Dover Heights, Edgecliff, Hmas Rushcutters, Hmas Watson, Kensington, Kingsford, Maroubra, Maroubra South, Moore Park, North Bondi, Paddington, Pagewood, Point Piper, Queens Park, Randwick, Rose Bay, Rose Bay North, South Coogee, St Pauls, Tamarama, Vaucluse, Watsons Bay, Waverley, Woollahra
Inner West
Abbotsford, Annandale, Ashbury, Ashfield, Balmain, Balmain East, Birchgrove, Breakfast Point, Burwood, Burwood Heights, Burwood North, Cabarita, Campsie, Canada Bay, Canterbury, Chiswick, Clemton Park, Concord, Croydon, Croydon Park, Drummoyne, Dulwich Hill, Earlwood, Enfield, Enfield South, Five Dock, Haberfield, Hurlstone Park, Leichhardt, Lewisham, Lilyfield, Marrickville, Marrickville Metro, Marrickville South, Mortlake, North Strathfield, Petersham, Petersham North, Rodd Point, Rozelle, Russell Lea, Stanmore, Strathfield, Strathfield South, Summer Hill, Undercliffe, Wareemba, Westgate
North Shore
Artarmon, Blenheim Road, Boronia Park, Cammeray, Castlecrag, Cremorne, Cremorne Junction, Cremorne Point, Crows Nest, Denistone East, East Ryde, Gladesville, Gore Hill, Greenwich, Henley, Hmas Platypus, Hmas Waterhen, Hunters Hill, Hunters Hill West, Huntleys Cove, Huntleys Point, Kirribilli, Kurraba Point, Lane Cove, Lane Cove North, Lane Cove West, Lavender Bay, Linley Point, Longueville, Macquarie Centre, Macquarie Park, McMahons Point, Middle Cove, Milsons Point, Monash Park, Mosman, Naremburn, Neutral Bay, Neutral Bay Junction, North Ryde, North Sydney, North Sydney Shoppingworld, North Willoughby, Northbridge, Northwood, Osborne Park, Putney, Riverview, Royal North Shore Hospital, Ryde, Spit Junction, St Leonards, Tennyson Point, Waverton, Willoughby, Willoughby East, Willoughby North, Wollstonecraft, Woolwich
Northern Beaches
Balgowlah, Balgowlah Heights, Clontarf, Curl Curl, Fairlight, Freshwater, Harbord, Manly, Manly East, Manly Vale, North Balgowlah, Queenscliff, Seaforth
Sydney CBD and Inner South
Alexandria, Barangaroo, Beaconsfield, Broadway, Camperdown, Chippendale, Darling Harbour, Darling Island, Darlinghurst, Darlington, Dawes Point, Eastlakes, Elizabeth Bay, Enmore, Erskineville, Eveleigh, Forest Lodge, Glebe, Golden Grove, Haymarket, Hmas Kuttabul, Kings Cross, Millers Point, Missenden Road, Newtown, Parliament House, Potts Point, Pyrmont, Redfern, Rosebery, Rushcutters Bay, Surry Hills, Sydney, Sydney South, Taylor Square, The Rocks, The University Of Sydney, Ultimo, Waterloo, Woolloomooloo, Zetland
Western Sydney
Homebush Bay, Newington