Criminal law in Australia governs how individuals are investigated, charged, and prosecuted for offences ranging from traffic infringements to serious criminal acts. While the underlying legal principles are similar nationwide, each state and territory has its own legislation, court structures, and procedures.
This guide outlines criminal law in Australia and provides state-specific overviews so you can understand the legal system where you live or where an offence has occurred.
Criminal law deals with offences against the community, the state, or a person. These laws are enforced by the police and prosecuted by the state. A criminal case usually begins with a police investigation and can end with a fine, community order, or imprisonment if a person is found guilty.
Investigation – Police gather evidence and may question suspects.
Charge – A person may be charged with an offence or issued a court attendance notice.
Bail – A decision is made about whether the accused remains in custody.
Court Proceedings – The matter is heard in court. The accused can plead guilty or not guilty.
Hearing or Trial – Evidence is presented before a judge, magistrate, or jury.
Sentencing – If guilty, a penalty is imposed based on the seriousness of the offence.
Appeal – The accused may appeal the conviction or sentence in higher courts.
Below is a breakdown of the criminal law process, courts, and legal resources across each Australian jurisdiction:
Key Legislation:
Crimes Act 1900 (NSW)
Criminal Procedure Act 1986 (NSW)
Bail Act 2013 (NSW)
Court Structure:
Local Court (all matters commence here)
District Court (serious indictable offences)
Supreme Court of NSW (complex cases)
Court of Criminal Appeal
Examples of Offences:
Common assault
Drug possession or supply
Break and enter
Drink driving
Process:
Charges laid by NSW Police.
First court appearance in Local Court.
Bail application if required.
Summary hearing or trial (depending on the charge).
Sentencing or appeal if convicted.
Available Defences:
Self-defence
Duress
Mental illness defence
Lack of intent
Legal Support:
Legal Aid NSW – www.legalaid.nsw.gov.au
Key Legislation:
Crimes Act 1958 (VIC)
Criminal Procedure Act 2009 (VIC)
Bail Act 1977 (VIC)
Court Structure:
Magistrates’ Court (committals and summary offences)
County Court (indictable matters)
Supreme Court of Victoria (serious trials)
Court of Appeal
Examples of Offences:
Armed robbery
Sexual assault
Drug trafficking
Affray
Process:
Police lay charges.
Matter first heard in Magistrates’ Court.
Bail application considered.
Committal hearing if indictable.
Trial or plea hearing.
Available Defences:
Honest and reasonable mistake
Alibi
Consent (in sexual offences)
Automatism
Legal Support:
Victoria Legal Aid – www.legalaid.vic.gov.au
Key Legislation:
Criminal Code Act 1899 (QLD)
Bail Act 1980 (QLD)
Court Structure:
Magistrates Court
District Court
Supreme Court of Queensland
Court of Appeal
Examples of Offences:
Assault occasioning bodily harm
Dangerous operation of a vehicle
Wilful damage
Sexual offences
Process:
Charges laid by QLD Police.
First appearance in Magistrates Court.
Bail hearing (if required).
Committal or summary hearing.
Trial or sentencing.
Available Defences:
Provocation
Accident
Insanity
Intoxication (limited application)
Legal Support:
Legal Aid Queensland – www.legalaid.qld.gov.au
Key Legislation:
Criminal Code Act Compilation Act 1913 (WA)
Criminal Procedure Act 2004 (WA)
Court Structure:
Magistrates Court
District Court of WA
Supreme Court of WA
WA Court of Appeal
Examples of Offences:
Unlawful wounding
Aggravated burglary
Drug manufacture or cultivation
Driving under the influence
Process:
Police lay charges.
Bail application (if needed).
Court proceedings begin in Magistrates Court.
Trial in District or Supreme Court if serious.
Appeal options available.
Available Defences:
Mistaken identity
Consent
Lawful excuse
Duress
Legal Support:
Legal Aid WA – www.legalaid.wa.gov.au
Info Line: 1300 650 579
Key Legislation:
Criminal Law Consolidation Act 1935 (SA)
Summary Offences Act 1953 (SA)
Court Structure:
Magistrates Court
District Court
Supreme Court of SA
Court of Criminal Appeal
Legal Support:
Legal Services Commission SA – www.lsc.sa.gov.au
Key Legislation:
Crimes Act 1900 (ACT)
Criminal Code 2002 (ACT)
Court Structure:
Magistrates Court
Supreme Court of the ACT
Legal Support:
Legal Aid ACT – www.legalaidact.org.au
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
