Magistrates and judges have a significant amount of power when presiding over cases. That power ranges from determining what evidence can be used in court, right up to the appropriate penalty that a particular defendant should be given if they plead guilty or are found guilty. Judicial discretion is an important aspect of the sentencing… Read more »
The South Australian Law Reform Institute has recommended that the choice to take a religious oath when giving evidence should be scrapped in favour of a universal, non-religious promise to tell the truth in court, known as an ‘affirmation’. The Institute made several recommendations in its final report delivered just this week, which was a… Read more »
Going to court can be a daunting experience, especially when you don’t have an experienced lawyer to guide you through the process and speak for you inside the courtroom. Here are four of the most common mistakes made by those who choose to represent themselves in court. 1. Entering the Wrong Plea Deciding whether to… Read more »
If you’ve ever watched a TV courtroom drama, you might think that the judge plays a very active role in jury trials – asking questions about the evidence, witnesses and, of course, making decisions about the law. In reality, however, this is not normally the way it plays out. While a judge oversees the case,… Read more »
A recent study by the NSW Bureau of Crime Statistics and Research (BOCSAR) have compared the rates of reoffending for defendants who were sentenced to prison with those who instead received a suspended sentence. Which one was the most effective? The results might surprise you! What is a suspended sentence? A suspended sentence in NSW… Read more »
