Criminal cases

Disclaimer

The information contained on this website is a guide only and should not be considered to be legal advice. Defendants who are unsure about any aspect of the matter should seek professional legal advice.

What is a criminal case?

Replace content: A criminal case is a case where a ‘Prosecutor’ has charged a person with a crime or other offence. The person who has been charged with the offence is called the ‘Defendant’. The Prosecutor may be a police officer, a Prosecutor from the Office of the Director of Public Prosecutions (NSW) or from the Commonwealth Director of Public Prosecutions, or another government agency.

Most criminal cases in New South Wales first come before the Local Court. Juries are not used in the Local Court. For a criminal case to be proven, the standard of proof is ‘beyond reasonable doubt’.

There are two types of criminal cases in NSW: Summary Offences and Indictable Offences. Indictable Offences are more serious offences, such as murder and sexual assault.

The Local Court hears Summary matters, while the District Court and Supreme Court hear Indictable matters. There are some Indictable Offences, called ‘Table Offences’, which can be heard in the Local Court.

Indictable Offences start in the Local Court and the defendant will be committed for hearing in the District or Supreme Court. If a defendant pleads guilty to the offence while it is in the Local Court, the case is committed for sentencing. If the defendant pleads not guilty, the case will have a committal hearing in the Local Court. The role of the Magistrate in committal hearings is to determine whether the prosecution’s evidence is capable of satisfying a jury, beyond reasonable doubt, that the defendant has committed an indictable offence.

If the Magistrate is satisfied that the evidence is capable of satisfying a jury, the defendant is committed for trial or sentence to a higher court (either the District Court or the Supreme Court, depending on the offences). Cases committed to a higher court are then determined by a Judge and jury.

Other information about criminal cases

• going to court for a criminal case
• driving, traffic or vehicle registration offences
• courtroom technology.