Criminal Procedure Police Interrogation Right to Silence - Qualified - Adverse inference
Criminal Procedure Police Discretion no action charges walk away bail determination
Criminal Procedure Bail determination by Police Yes No Released Custody Local Court Bail determination by Local Court
Criminal Procedure Bail determination by Local Court Yes No Released Custody Local Court
Criminal Procedure Local Court Guilty Plea of Not Guilty
Criminal Procedure Plea of Guilty Summary/Indictable Dealt summarily Sentence Local Court District Court Strictly indictable Sentence Supreme Court
Criminal Procedure Plea of Not Guilty Local Court Summary Indictable dealt summarily Trial (Right to District Court Strictly Indictable silence) Supreme Court
Criminal Procedure ‘Not Guilty’ Walk away ‘Guilty’ Sentencing
Criminal Procedure Sentencing without bond No conviction recorded with bond Fine Bond (with conviction recorded) Community Service Custody - suspended with bond - intensive correctional order - home detention - full-time New sentencing options (September 2018)
Criminal Procedure Right of Appeal Conviction (not guilty) Local court District Court (1 judge) District Court Supreme Court of Criminal Appeal (3 or 5 Supreme Court judges)
Criminal Procedure Right of Appeal Sentence (severity) Local court District Court (1 judge) District Court Supreme Court of Criminal Appeal (3 Supreme Court judges)
Criminal Procedure Right of Appeal against conviction and/or sentence NSW Court of Criminal Appeal High Court of Australia (3, 5 or 7 judges)