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Criminal Litigation Lawyers

Citilawyers acts for individuals facing criminal charges across Sydney and New South Wales, from summary matters in the Local Court to serious indictable proceedings in the District and Supreme Court, and appeals to the NSW Court of Criminal Appeal. Our lawyers combine procedural knowledge with strong courtroom advocacy to protect our clients’ rights at every stage.

Citilawyers acts for individuals facing criminal charges across Sydney and New South Wales. For the full range of criminal defence services we offer, including assault, drug offences, and bail applications, see our criminal defence lawyers page.

What is criminal litigation?

Criminal litigation is the process of adjudicating offences and punishing those deemed to be guilty beyond reasonable doubt. It is distinct from civil litigation which seeks to compensate victims for harm to them.

Criminal litigation in NSW is governed primarily by:

Which court hears your criminal matter?

The court that hears a criminal matter depends on whether the charge is a summary offence, an indictable offence dealt with summarily, or a strictly indictable offence:

Court Jurisdiction Typical matters
Local Court of NSW Summary offences and indictable offences dealt with summarily (Table 1 or 2 offences) Common assault, drink driving, drug possession, AVO matters
District Court of NSW Most indictable offences Assault occasioning actual bodily harm, dangerous driving, mid-range sexual offences
Supreme Court of NSW Most serious indictable offences Murder, manslaughter, serious sexual offences, large-scale drug supply, serious commercial crimes
NSW Court of Criminal Appeal Appeals from District Court (in special circumstances) and Supreme Court Conviction and sentence appeals on indictable matters
High Court of Australia Final appellate court Special leave applications on questions of law

Types of criminal litigation we handle

1. Local Court matters

Most criminal matters in NSW are dealt with in the Local Court. Citilawyers acts for clients in:

  • Pleas of guilty and sentence submissions
  • Defended hearings
  • Bail applications: see our bail application lawyers page for more information
  • Committal proceedings for indictable matters
  • AVO applications and defences
  • Assault charges: see our assault charges lawyer Sydney page for more information
  • Drug offences: see our drug offence lawyer page for specific guidance on NSW drug charges, penalties, and defences.

2. District Court trials

The District Court hears most indictable offences in NSW. This is typically before a judge and jury of 12, though an accused may elect trial by judge alone in certain circumstances.

3. Supreme Court trials

The Supreme Court hears the most serious criminal matters in NSW. This commonly includes murder, manslaughter, other strictly indictable offences (i.e. not in Table 1 or 2). These trials are run before a judge and jury, take substantive time, and require extensive preparation. The procedural and evidentiary stakes are high.

4. Conviction and sentence appeals

A party convicted or sentenced in NSW has appeal rights, subject to strict time limits, usually within 28 days.

For more on the appeals process, see our article on civil and criminal appeals in NSW.

5. Evidence applications

Many criminal matters turn on what evidence is admitted at trial. Citilawyers conducts:

  • Applications to exclude evidence under sections 84, 85, 90, 137, and 138 of the Evidence Act 1995 (NSW)
  • Admissibility of evidence or competence of witnesses (voir dire)
  • Applications regarding tendency and coincidence evidence. See also our article on tendency evidence under the Evidence Act
  • Challenges to police search and seizure. See also our article on police search warrant law in NSW

6. Sentencing

Sentence submissions are often the most important stage of a criminal matter. Citilawyers prepares:

  • Detailed sentence submissions and character references
  • Subjective evidence (background, employment, rehabilitation)
  • Expert reports (psychiatric, psychological, addiction)
  • Applications for non-conviction orders
  • Applications for Intensive Correction Orders, Community Correction Orders, and Conditional Release Orders

The criminal litigation process in NSW

A typical criminal matter follows this pathway:

  1. Charge and first appearance. Police lay charges by Court Attendance Notice. The first Local Court appearance is usually within 1–6 weeks of charge (or within 24 hours if the accused is in custody).
  2. Bail. If bail is refused at the police station, a bail application should be lodged in the appropriate court. If refused in the Local Court or District Court, an appeal lies in the Supreme Court.
  3. Plea. The accused enters a plea. For indictable matters, an election may be made to have the matter dealt with summarily in the Local Court (where the prosecution agrees).
  4. Conference and charge. The prosecution serves the brief including its evidence. For indictable matters, the Criminal Procedure Act requires case conferencing.
  5. Committal. If the matter is to be tried on indictment, the Local Court commits the matter to the District or Supreme Court.
  6. Arraignment and pre-trial. In the higher courts, the accused is arraigned, pre-trial applications are heard (evidence exclusion, severance, expert reports), and trial dates are set.
  7. Trial. Jury trial (or judge-alone trial) in the District or Supreme Court. Local Court hearings are heard by a Magistrate alone.
  8. Sentence. If the accused is convicted, a sentence hearing is conducted. Subjective material is tendered, and submissions are made on the appropriate sentence.
  9. Appeal. If the conviction or sentence is challenged, an appeal is filed within the relevant time limit.

How Citilawyers helps

Our criminal litigation lawyers in Sydney act for clients in:

  • Local Court pleas, hearings, and committals
  • District Court and Supreme Court trials
  • Bail applications at the police station, Local Court, and Supreme Court
  • Conviction and sentence appeals
  • Pre-trial evidence and procedural applications
  • Sentence submissions and subjective evidence preparation
  • Section 14 mental health applications
  • Annulment applications

We provide:

  • Urgent advice during police investigation, arrest, and interview
  • Strategic plea advice based on the strength of the prosecution case
  • Brief review and identification of evidential weaknesses
  • Negotiation with the Director of Public Prosecutions (DPP) and police
  • Trial advocacy in all NSW criminal courts
  • Preparation of detailed sentence submissions and character references
  • Lodgement and argument of appeals in the District Court and Court of Criminal Appeal

Contact our criminal litigation lawyers

If you have been charged with a criminal offence, or are facing trial, sentence, or appeal, early advice is critical. Decisions made in the first weeks often shape the outcome of the entire matter.

Contact us to assess your matter, understand your legal options, and take immediate steps to protect your position. Call (02) 9233 7737 or contact us online for a confidential discussion with our criminal litigation lawyers.

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    Frequently Asked Questions

    What is the difference between criminal law and criminal litigation?

    Criminal law is the body of law that defines offences and penalties, like the Crimes Act 1900 (NSW) and similar Acts. Criminal litigation is the process of conducting proceedings under those laws through the courts to determine the guilt of the accused and the sentence where convicted.

    What is the difference between a summary offence and an indictable offence?

    Summary offences are less serious offences dealt with in the Local Court by a Magistrate, without a jury. Indictable offences are more serious and may be dealt with in the District or Supreme Court by a judge and jury. Table 1 and 2 indictable offences can be dealt with summarily in the Local Court if the prosecution and accused agree.

    How long does a criminal trial take in NSW?

    District Court trials typically run from a few days to several weeks, depending on the complexity of the matter and the number of witnesses. Supreme Court trials in serious matters (such as murder) can run for several weeks or months. The time from charge to trial is usually 12 to 24 months in the District Court and longer in the Supreme Court.

    Can I appeal a conviction or sentence in NSW?

    Yes. A Local Court conviction or sentence can be appealed to the District Court within 28 days. A District or Supreme Court conviction or sentence can be appealed to the NSW Court of Criminal Appeal within 28 days (with leave). The High Court hears further appeals on questions of law by special leave. Strict time limits apply, and early advice is critical.

    What is committal in NSW criminal procedure?

    Committal is the process by which an indictable matter is transferred from the Local Court to the District or Supreme Court for trial or sentence. Since 2018, NSW operates a “case conferencing” committal model, designed to encourage early plea negotiation and identification of issues before the matter is committed for trial.

    What is the difference between a Local Court hearing and a District Court trial?

    A Local Court hearing is conducted by a Magistrate sitting alone, without a jury. Rules of evidence apply but in a more streamlined way. A District Court trial is usually conducted before a judge and a jury of 12. The rules of evidence are applied strictly, and the trial process is more formal. Contact a lawyer to determine the appropriate court.

    What is a Section 14 application?

    A Section 14 application asks the court to deal with a matter without recording a criminal conviction, on the basis that the accused has a mental health condition or cognitive impairment that contributed to the offending, and that diversion is more appropriate than the criminal justice process. If successful, the charge can be dismissed or conditionally discharged. This option is not available for all offences and requires supporting evidence, usually from a treating psychiatrist or psychologist.

    Do I have to attend every court date personally?

    In most cases, yes, particularly in the Local Court and for any hearing where evidence is given or a plea is entered. There are limited circumstances where a lawyer can appear on your behalf for short administrative listings, but missing a required appearance can result in a warrant being issued for your arrest. We advise clients on exactly which dates require personal attendance.

    Can I change my plea after entering it?

    Yes, but only with leave of the court, and generally only where there are proper grounds — such as new evidence, a fundamental misunderstanding of the charge at the time the plea was entered, or inadequate legal advice at that time. Changing a plea from guilty to not guilty after sentencing has already occurred is significantly more difficult than doing so beforehand, which is why getting advice before entering any plea is critical.