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

Corrective services NSW – Information for legal practitioners

Early appropriate guilty pleas

Evidence of silence alert

Guidelines for contact with the complainant in apprehended domestic violence matters

Legal Aid NSW

NSW District Court 

NSW Local Court

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

Supreme Court of NSW

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 Minister for Corrections - Astill Special Commission of Inquiry – 6 September 2024

Letter to Law Council of Australia - Australia’s Disability Strategy 2021-2031 – 27 August 2024

Letter to Law Enforcement Conduct Commission - Bail compliance checks in NSW Issues Paper - 26 July 2024

Letter to Law Council of Australia - Review of the Criminal Code Amendment (Deepfake Sexual Material) Bill 2024 - 15 July 2024

Letter to NSW Sentencing Council - Good character in sentencing - 8 July 2024

Letter to NSW Law Reform Commission - Serious racial and religious vilification - Response to Options Paper on s 93Z - 27 June 2024

Letter to DCJ and TfNSW - Review of Part 4AF of the Crimes Act 1900 (NSW) and Review of Part 9, Division 7 of the Roads Act 1993 (NSW) – 30 May 2024

Letter to Legislative Assembly Committee on Law and Safety - Inquiry into community safety in regional and rural communities - 30 May 2024

Letter to Law Council of Australia - Australian Law Reform Commission Inquiry into Justice Responses to Sexual Violence - 16 May 2024

Letter to NSW Law Reform Commission - Serious racial and religious vilification - 17 April 2024

Letter to Committee on Community Services – Inquiry into the Equality Legislation Amendment (LGBTIQA+) Bill 2023 – 15 April 2024

Letter to Law Council of Australia – Migration Amendment (Removal and Other Measures) Bill 2024 – 5 April 2024

Letter to NSW Law Reform Commission - Review of serious road crime offences - 2 April 2024

Letter to SafeWork NSW - Industrial Manslaughter Consultation paper - 21 March 2024

Letter to Members of the Legislative Council - Bail and Crimes Amendment Bill 2024 - 20 March 2024

Letter to Law Council of Australia – Independent National Security Legislation Monitor Review of Secrecy Offences in Part 5.6 of the Criminal Code 1995 - 23 February 2024

Letter to Portfolio Committee No. 5 - Inquiry into the Jury Amendment Bill 2023 - 10 January 2024

Letter to NSW Sentencing Council - Firearms knives and other weapons offences - 4 December 2023

Letter to the Department of Communities and Justice – Review of NSW’s Forced Marriage Protections – 1 December 2023

Letter to Legislative Assembly Committee on Law and Safety - Inquiry into e-cigarette regulation and compliance in New South Wales - 10 November 2023

Letter to NSW Ombudsman - Operation of the Mandatory Disease Testing Act 2021 - 30 October 2023

Letter to Law Council of Australia - Independent Review of the National Legal Assistance Partnership - 13 October 2023

Letter to Law Council of Australia – Review of Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023 – 10 July 2023

Letter to NSW Attorney General - Criminal Legislation Amendment (Knife Crimes) Bill 2023 - 23 June 2023

Letter to the University of Sydney Law School - Criminal Cases Review Commission - 19 June 2023

Letter to Law Council of Australia - 2023 Workplace Reform Consultations - 15 May 2023

Letter to Law Council of Australia - Developing legal services for victims and survivors of sexual assault - 26 April 2023

Letter to Law Council of Australia - Privacy Act Review Report - 20 March 2023

Letter to NSW Sentencing Council - Review of sentencing law for firearms knives and other weapons offences - 1 March 2023

Letter to Law Council of Australia - Current and Proposed Sexual Consent Laws in Australia - 16 February 2023

Letter to NSW Law Reform Commission - Review of serious road crime - 15 February 2023

Letter to Law Council of Australia - Access to offenders’ superannuation for victims and survivors of sexual abuse - 10 February 2023

Visit the Criminal Law policy submissions archive

2024 Committee list

Ms Jane Sanders (Chair), Mr Michal Mantaj (Deputy Chair), C. Bell, V. Chan, E. Conditsis, D. Elston, B. Ford, P. Gibson, D. Giddy, E. Hoile, R. Hoyles, S. Ienna, S. Joyner, L. Kaban, J. King, J. Lewis,  R. McCarthy, J. Ramsland, S. Rees, T. Spohr, J. Sutton, T. Tsavdaridis, R. Tumeth, F. Way, A. Whitehead, 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.

See the Law Society Committee webpage