1. William Walsh
CRIMINAL PROCEDURE

2. Criminal Procedure Police Investigation Suspect Arrest
Alleged criminal offence
Police Investigation
Suspect Arrest

3. Criminal Procedure Police Interrogation Right to Silence - Qualified
- Adverse inference

4. Police Discretion no action charges walk away bail determination
Criminal Procedure
Police Discretion no action charges walk away bail determination

5. Bail determination by Police
Criminal Procedure
Bail determination by Police
Yes No
Released Custody
Local Court Bail determination by
Local Court

6. Bail determination by Local Court
Criminal Procedure
Bail determination by Local Court
Yes No
Released Custody
Local Court Local Court

7. Local Court Guilty Plea of Not Guilty
Criminal Procedure
Local Court Guilty Plea of Not Guilty

8. Criminal Procedure Plea of Guilty Summary/Indictable
Dealt summarily Sentence Local Court
District Court
Strictly indictable Sentence
Supreme Court

9. Criminal Procedure Plea of Not Guilty Summary
Local Court Indictable dealt
summarily
Trial
(Right to District Court
silence) Strictly
Indictable
Supreme Court

10. Criminal Procedure
‘Not Guilty’ Walk away ‘Guilty’ Sentencing

11. 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)

12. Criminal Procedure Right of Appeal Conviction (not guilty)
Local court District Court (1 judge)
District Court Court of Criminal Appeal
Supreme Court (3 or 5 Supreme Court
judges)

13. Criminal Procedure Right of Appeal Sentence (severity)
Local court District Court (1 judge)
District Court Court of Criminal Appeal
Supreme Court (3 Supreme Court
judges)

14. Criminal Procedure Right of Appeal
Appeal against conviction and/or sentence
NSW Court of Criminal Appeal
High Court of Australia (3, 5 or 7 judges)