Criminal
Law
Criminal Law
The Criminal Law Committee monitors all matters related to criminal law, represents the Law Society and its members on policy and practice issues arising from it, and upholds the rule of law having regard to:
- The interests of people charged with criminal offences
- The rights of people in custody
- The interests of intellectually disabled, mentally ill and other cognitively impaired people as they are affected by the criminal law
- The rights of Aboriginal and Torres Strait Islander Peoples
Our priorities include:
- Developing and commenting on law reform and legal policy proposals (including preparing submissions, and liaising with government and other stakeholders in this process)
- Educating the legal profession about changes to the law, and providing guidance on practice and other issues
- Exchanging information about issues arising in legal practice (such as recent case law) that may indicate a legal policy issue or concern
Learn more about committees
Current committee members
How to join a committee
Resources
Email appearances in the Local Court of NSW during COVID-19 lockdown - template
The Chief Magistrate has approved this template as a standard email for appearances during the current lockdown. Practitioners are asked to keep their emails to 1-2 paragraphs, and note that where practitioners fail to provide the email to the Registry by 3.00pm the day prior to listing, the matter will be marked as no appearance and dealt with accordingly.
ALS COVID-19 Generic Sentence Submissions
Appearances of legal representatives in Local Court in NSW
Corrective services NSW – Information for legal practitioners
Domestic violence – where to refer clients
Early appropriate guilty pleas
Guidelines for contact with the complainant in apprehended domestic violence matters
NSW Police Prosecutors email contacts (for solicitors only)
Power to demand that a young person subject to bail conditions be brought to the door
Representation principles for children’s lawyers 4th edition
Resumption of defended hearings in the Local Court of NSW – information for solicitors’
Special sitting arrangements during the Local Court Annual Conference June 2022
Viewing of sensitive evidence in criminal cases: The ODPP has recently implemented a new process, a Secure Timeboxed Viewer (STV), which enables secure access for legal practitioners to view sensitive evidence through a portal from a personal computer or device. The STV obviates the need for legal practitioners to attend police stations or DPP offices to view sensitive evidence such as JIRT proceedings. Please view the External User Guide, which explains how the STV works and the steps users need to take to obtain access.
Appointed Lawyer Scheme under the Australian Security Intelligence Organisation Act 1979
The Department of Home Affairs is seeking expressions of interest from suitable criminal defence lawyers willing to represent subjects under the appointed lawyer provisions set out in Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979. Please review the EOI form and privacy notice for further information.
Recent policy submissions
Letter to the Chief Magistrate - Chief Magistrate’s Memorandum No. 28 – COVID-19 - 29 July 2022
Letter to Department of Communities and Justice - Evaluation of the Walama List pilot - 6 May 2022
Letter to NSW Attorney General - Bail Act Monitoring Group - 9 December 2021
Letter to Law Council of Australia - Proposed model definition of family violence - 30 August 2021
Letter to Select Committee - Inquiry into the coronial jurisdiction in NSW - 25 June 2021
Letter to Department of Communities and Justice - Court Appointed Questioners - 24 June 2021
Letter to Joint Select Committee on Coercive Control – Discussion Paper – 27 January 2021
Visit the Criminal Law policy submissions archive
2023 Committee list
Ms Jane Sanders (Chair), Mr Michal Mantaj (Dep Chair), C. Bell, A. Bilias, A. Burkitt, V. Chan, P. Coady, E. Conditsis, D. Elston, B. Ford, P. Gibson, D. Giddy, R. Hoyles, J. Hunter, S. Ienna, L. Kaban, J. Keane, B. Kennedy, J. Lewis, R. McCarthy, J. Pheils, J. Sutton, T. Tsavdaridis, R. Tumeth, M. Watts, F. Way, J. Wong.
How to join a committee
Law Society Committees have powers, authorities and tasks delegated by the Council. Consisting of dedicated volunteers, each committee focuses on a particular area of law, pooling together specialist skills and experience in order to scrutinise legislation, court decisions and other government policies.
There are three broad categories of committees:
- Regulatory committees – perform statutory duties under the Legal Profession Uniform Law (NSW)
- Liaison committees – linked to other professions or organisations
- Policy committees
By drawing on the insights of committees, the Law Society can meet its statutory duties and act as a major player in law reform and policy debates.