Country and regional areas have among the highest crime rates in the state – and these figures generally increase during the holiday season as thousands flock to music festivals and family holidays up and down the coast.
For that reason, we often see an increase in people coming before country courts in the New Year, with many charged with traffic and drug offences.
This can pose a problem for those living in Sydney and other cities: it can be exceedingly difficult to take time off work to attend court in a rural area.
The good news is that, if you wish to plead guilty, there is a high chance of having your case transferred to a more convenient location, such as the Downing Centre court complex, which is located in the heart of Sydney’s CBD.
Other Reasons to Have Your Case Moved
Having your case moved to a more central court such as the Downing Centre can have benefits over and above mere convenience.
For instance, if you have a history of drug use and you are hoping to enrol in the Drug Court program, referrals can only be made from a handful of courts including the Downing Centre.
Country courts are also notoriously busy, and some (known as ‘circuit courts’), only have magistrates for limited periods of time, so if you are hoping to have your matter finalised quickly, it may be worthwhile to have your case moved to Sydney.
Furthermore, if your lawyer is based in Sydney, it is likely that they will be familiar with the magistrates at the Downing Centre court, so having your matter moved can also give you a tactical advantage.
What if I Want to Plead Not Guilty?
It is more difficult to have your case moved if you wish to plead not guilty and fight the charges. This is partly because the witnesses and police will normally reside near the location of the alleged offence, and they would have to travel much further to attend the hearing or trial.
However, you may be able to change the venue if it is ‘in the interests of justice’ to do so – for instance, if you can persuade the court that you are otherwise unlikely to get a fair hearing or trial.
The relevant section of the law when it comes to making an application for a change of venue is section 30 of the Criminal Procedure Act 1986, which provides that:
In any criminal proceedings, if it appears to the court–
(a) that a fair or unprejudiced trial cannot otherwise be had, or
(b) that for any other reason it is expedient to do so,
the court may change the venue, and direct the trial to be held in such other district, or at such other place, as the court thinks fit, and may for that purpose make all such orders as justice appears to require.
How Do I Get My Case Moved?
The simplest way to seek to have your case moved is to ask your lawyer, who can prepare the necessary application to the court.
That application may be dealt with by the court registry before the court date, or the relevant court may require you – or a lawyer on your behalf in cases where you are not on bail – to come before the court for determination.
If the particular registry requires a court attendance, you – or your lawyer – can indicate whether you are pleading guilty or not guilty, and explain to the magistrate why you wish to have your case moved.
If you cannot afford a lawyer, you can seek to have your case moved by filing the necessary application on your own.
Again, it is a matter for the specific court registry as to whether the application will be decided before the court date, or whether you will need to attend court to explain why you are asking for a change of venue.
Even if intend to represent yourself, it is a good idea to speak to a specialist criminal lawyer to get some basic legal advice before attending court. Many criminal law firms offer a free first appointment where you can get information about your options, the best way forward and what to do in court.
