Navigating the criminal law landscape can be daunting, especially when facing criminal charges. Knowing your rights can be one of your greatest assets during this challenging time. Unfortunately, many people find themselves unsure of their rights or the procedures involved, often due to the complexities of the system. This article provides an overview of the legal process involved in criminal charges to help you navigate the system with a bit more ease.
What are criminal charges?
Criminal charges arise when someone breaks the law, committing an act deemed harmful to another person or the community. In NSW, criminal offences are divided into four categories of differing seriousness: Summary, Table 2, Table 1 and Strictly Indictable Offences.
Categories of Criminal Offences in NSW
- Summary offences: these are less serious crimes, usually with a maximum penalty of two years or less imprisonment. Examples of these offences include offensive language, possession of liquor by minors, less serious drug offences (such as possession of small quantities) and shoplifting.
- Table 2 offences: table offences are located in Tables 1 and 2 of Schedule 1 of the Criminal Procedure Act 1986. Table 2 offences are generally less serious than table 1 offences. Examples of table 2 offences include common assault, stalking or intimidation, possessing housebreaking implements and sexual touching.
- Table 1 offences: table 1 offences are more serious than the above categories. Examples include assaulting police causing actual bodily harm, aggravated sexual touching, recklessly wounding or causing grievous bodily harm, as well as larceny over $5,000.
- Strictly indictable offences: strictly indictable offences represent the most serious crimes in NSW. Examples include murder, manslaughter, commercial drug supply and sexual assault.
Is Drink Driving a Criminal Offence?
Drink driving is a criminal offence in NSW. The laws have been designed to deter impaired driving and enhance public safety. Therefore, the penalties for drink driving are quite hefty and include significant fines, imprisonment, and loss of licence. The severity of the penalty often depends on your blood alcohol level, prior offences and whether anyone was hurt.
Your Rights:
- If you are pulled over, breath tested and return a positive reading, you have the right to request a second test to confirm the results. You do not have the right to refuse a breath test and doing so can lead to further charges against you.
- If you are arrested for drink driving, you have the right to speak with a legal representative before you answer any police questions. They can talk to you about your rights when speaking with police and provide guidance on your situation.
- You have the right to remain silent when being questioned by the police. Other than providing your identification and submitting to a breath test, you are not required to answer questions as this may be used as evidence against you.
Is Speeding Considered a Criminal Offence?
While speeding is primarily treated as a traffic infringement, it can escalate to a criminal offence. This can happen in a variety of circumstances, such as if a driver exceeds the speed limit significantly or drives in a manner dangerous to the public.
Your Rights:
- If the police stop you for speeding, they might ask you some questions such as, “Where are you going tonight?” or “Do you know how fast you were going?” You are not legally required to answer these questions, only to provide your identification. However, it is recommended to always be polite and cooperative when interacting with police.
- Police officers do not always need specific devices to determine if you are exceeding the speed limit. Although they commonly use speed cameras and mobile radar units, it is within their authority to issue a speeding ticket based on their estimation of your speed.
- If you are caught speeding by a fixed speed camera or a mobile speed unit you will receive a fine in the mail. You do have the right to contest this by electing to take the penalty to court.
- For minor speeding offences you may lodge an application requesting a review by Revenue NSW. Revenue NSW may consider leniency if you are fined for speeding under 20 km/h and have had a clear driving record for ten years prior to the offence. If you do not agree with the outcome of the review, you still retain the right to elect to take the penalty to court (however, you must do so within 28 days of receiving the review decision).
Is a DUI Considered a Criminal Offence in NSW?
DUI (driving under the influence) is a criminal offence in NSW. Unlike drink driving, the police don’t need to prove your blood alcohol level – only that you were impaired. They might base this on your driving behaviour or signs of intoxication, like slurred speech. Penalties for DUI can be more severe, with longer disqualification periods.
Your Rights:
- If you are charged with a DUI, you have the right to remain silent. Other than providing your identification and submitting to sobriety tests, you do not need to answer any further questions. Anything that you do say can be used as evidence against you. Remaining silent at least until after you speak to a legal representative is recommended.
- If police pull you over for a DUI offence you have the right to legal representation. You are entitled to speak to a lawyer before you answer any police questions. A lawyer can help you understand the charges and guide you through potential weaknesses in the validity of the officer’s observations that led to the DUI charge.
- If you are charged with a DUI offence you are entitled to dispute the evidence used against you in court. This includes the officer’s assessment of your driving behaviour or signs of impairment.
Duties of a driver involved in a crash
Drivers need to be mindful of their duties if they are involved in a crash. If you are involved in an accident, you must stop at the scene and provide your details to all involved, such as your name, address, vehicle registration number and any other identifying details.
If anyone is injured or killed, a vehicle involved in the crash must be towed or the driver cannot provide the required details, they must report the accident to a police officer as soon as possible. Failure to comply could be a criminal offence.
The police’s right to ask drivers to disclose their identity
If a police officer suspects on reasonable grounds that a vehicle is being, was or may have been used in relation to a serious offence, they can ask the driver to provide their identity and the identities of any passengers present when the vehicle was being used.
Failure to disclose their, or the passenger’s, identity, without reasonable cause could see the driver charged with a criminal offence.
Is Trespassing a Criminal Offence?
Trespassing is a criminal offence in NSW. If you refuse to leave when asked or go on the property intending to commit another crime, you could also face more serious charges.
Your Rights:
- If police approach you and question or arrest you for a trespassing charge, you have the right to remain silent. As with the above offences you must provide identification if asked but you are not legally required to participate in an interview or answer any further questions. This is important as anything you do could later be used as evidence in court.
- Upon being charged with this offence you will likely receive a court attendance notice. You can then appear in court and enter a plea of not guilty (if you wish to defend the charge).
Can Verbal Abuse Be Classified as a Criminal Offence?
Verbal abuse can result in criminal charges in NSW. Threats, harassment, or behaviour that instil fear in another person could be a criminal offence. Verbal abuse that intimidates or controls a partner can lead to apprehended violence orders (AVOs). Failure to comply with such orders can result in further criminal charges.
Your Rights:
- Like with the above offences, if you are charged with verbal abuse, you have the right to remain silent and have legal representation. If you are questioned by police regarding a verbal abuse charge you do not need to answer any questions. It is recommended that you inform the police officer that you wish to speak to a lawyer. This will protect you from making any admissions that can later be used against you.
- If you believe you are not guilty of the charges against you or dispute the facts of the charges, this can be resolved in court. At court you can enter a plea of not guilty and your case will proceed through the court process.
If you’re facing criminal charges, it’s crucial to understand your rights. Getting legal advice can make a big difference in your situation. Criminal lawyers are there to help you navigate these tough times and can provide the support you need. If you find yourself in this situation, don’t hesitate to reach out to Morrisons.
