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How do I contact someone who is in jail?

When a loved one goes into custody, either after being refused bail by police, or after sentencing, it can cause a lot of stress and worry. There will be some time required for processing, but here are the steps you can take in the meantime to contact someone who is in jail as soon as possible.

Firstly, you will need to contact the administration branch of Corrective Services. Their phone number is (02) 8346 1000. You will need to ask for two pieces of information:

1. You will need to ask them for your loved ones “MIN number”. The Master Index Number (MIN) is a unique number given to everyone who enters custody. The MIN number remains the same each time a person goes into custody.
2. You will need to ask which jail the person is located at.

Corrective Services will need to do some identification checks prior to providing you with this information. It is important to note that the information that can be disclosed about an inmate is restricted under the Privacy and Personal Information Act 1998 and the Crimes (Administration of Sentences) Act 1999.

It is also important to note that if your loved one has not yet been processed into custody, you will usually not be able to have any contact with them. Processing can often take 24 to 48 hours.

In addition to this, Corrective Services will not be able to disclose where an inmate is being transferred to, if they are currently in transit. For example, if your loved one is being transferred to a new jail, you will not be informed which jail they will be taken to until they are processed into the new facility.

How do I book in a call or visit someone in jail?

Once you have found out which jail your loved one is in, you should contact the jail directly. They will be able to provide you with information on how to book a call or visit. They may even allow you to book a video call, if you are not able to attend the jail to see your loved one in person.

You should also ask the jail about obtaining a visitor index number (VIN). You will be unable to visit a correctional centre if you do not have a VIN number.

Can they make calls from jail to me?

Yes, an inmate is able to make calls using the Offender Telephone System to family, friends and legal representatives.

They will be allowed to include up to 10 telephone numbers on their log to contact family friends. Personal calls made by an inmate are limited to 6 minutes.

In addition, they will be able to include 3 legal phone numbers to contact their lawyer/legal representative.

How do I send my loved one money while they are in jail?

You are able to deposit money into an inmates account with Corrective Services. This will allow them to make phone calls, and purchase items such as toiletries and newspapers.

As at August 2023, the maximum amount allowed to be deposited in an inmates account is $800 per month.

For more information on how to deposit money, view the Corrective Services NSW website.

How do I arrange legal representation?

If your loved one requires legal advice or representation, we are here to help. Our specialist criminal lawyers can provide advice on bail applications, the charges and the court process. Visit our About Us page or call us now for a free 15 minute consultation on 0421 700 497.

On 27 November 2023, Zoe Whetham attended the Law Society of NSW’s prestigious and widely respected Specialist Accreditation award ceremony in Sydney, where she was awarded Specialist Accreditation in Criminal Law.

Specialist Accreditation is held by less than 5% of the legal profession in New South Wales.

The Specialist Accreditation Program has been running since 1992 and enables practitioners to gain recognition as an expert in their chosen area of practice. The program consists of meticulous assessments on both legal knowledge and its application in practice. For accreditation to be conferred the candidate must pass all assessments. To retain their accreditation, specialists must undertake significant additional professional development in their area of expertise each year.

The ceremony was officially opened by Jacqueline Dawson, Chair of the Specialist Accreditation Board. Dawson said, “It is so satisfying to see such a large crowd of newly Accredited Specialists. Congratulations to you all – Specialist Accreditation is no easy task. Your hard work and dedication bring an enormous benefit to the legal community and the people of New South Wales.”

Zoe was among 12 criminal lawyers who were recognised for achieving Specialist Accreditation in 2023.

You can read more about the ceremony here.

Being charged with a criminal or traffic offence can feel overwhelming. Sometimes, the confusion surrounding the charge or the court process, can lead you to forget to attend Court altogether. This may be due to a complete slip of the mind, due to illness, or might be due to a mix up with Court dates. Whatever the reason, it is important that you understand that there are options available.

Read our article below to understand what you need to do if you forget to attend Court, and how to lodge an annulment application.

What should I do if I forget to attend Court?

The first step is to contact the Court as soon as you realise that you missed your Court date. You can do this by attending the Court Registry in person on weekdays between 9am and 4pm, or by calling 1300 679 272.

The Registry will be able to look up your matter and let you know what happened on your Court date.

The Court may have adjourned your matter to a different day, to allow you the opportunity to appear on the next occasion. However, the Court also has the power to take other, more serious actions. This can include issuing a warrant for your arrest, due to your failure to attend Court, or convicting you in your absence. Sometimes, the Court may also sentence you in your absence. As a result, your matter is finalised without your knowledge.

If this occurs you should take action to remedy the situation immediately.

What do I do if there is a warrant for my arrest?

The effect of the warrant, is that the Police have the power to arrest you and take you into their custody so that you can be brought before a Court.

You should contact a lawyer immediately, to obtain advice about what you should do in this circumstance. We provide FREE over the phone advice, and you can contact our lawyers at any time on 0421 700 497.

What do I do if I am convicted or sentenced in my absence?

The Court has the power to record a plea of guilty on your behalf, if you fail to attend Court. This means you have been “convicted in your absence”.

Similarly, the Court has the power to sentence you in your absence. As a result, you miss the opportunity to make submissions that may assist you in receiving a more lenient sentence.

If either of these things occur, you are able to lodge an annulment application, under section 4 of the Crimes (Appeal and Review) Act 2001.

How do I lodge an annulment application?

An annulment application will need to be lodged with the Court Registry. They will provide you with a form, which will require you to provide reasons as to why you did not attend Court. In addition, you must establish why the annulment is “in the interests of justice.”

You must also pay a filing fee when lodging the application.

If the annulment is successful, the conviction is overturned or the sentence quashed. You will then have the opportunity to enter a plea of guilty or not guilty, or make submissions for your sentence.

We Can Help

If you have missed a Court date and you are unsure of what you need to do next, call one of our experienced criminal lawyers. We will help guide you through the court process and provide you with quality advice specific to your case.

Call us now on 0421 700 497 for a FREE initial consultation.

If you are convicted of a prescribed sexual offence, you may also become a registrable person on the Child Protection Register. As a result, you will be required to report certain information for a number of years.

If you breach the conditions of the register, you will be committing a criminal offence.

Read our article below for more information.

How do I know if I need to be on the Child Protection Register?

You will be a registrable person if you commit a Class 1 or Class 2 Offence.

A Class 1 Offence includes:

• Murder of a child
• Sexual intercourse with a child
• Persistent sexual abuse of a child

A Class 2 Offence includes:

• Manslaughter of a child
• Sexual touching of a child
• Intentionally causing grievous bodily harm to a child
• Grooming or procuring a child for sexual activity
• Child abduction
• Possessing or disseminating child abuse material

How long will I be on the Child Protection Register for?

You will be on the register for 15 years, if you commit a Class 1 Offence. For a Class 2 Offence, the reporting period is 8 years.

However, it is possible to be on the register for life. This can occur if you’ve previously been on the register and you commit another registrable offence.

What will I need to do?

Being on the register will require you disclose a list of information to police. For example, your:

• Internet provider
• Mobile phone provider
• Mobile phone number and the number of phones or devices registered in your name
• Residential address
• Car registration
• The identity of any children you regularly come into contact with
• Any sporting associations you are a member of and where children may frequent

If the information you provide later changes, you will need to report that change immediately to police.

The police can also, at any point during the time the order is in place, apply to the Local Court for a further order which restricts your behaviour, such as who you can associate with.  

If this application is made, you will be notified and given a chance to obtain legal representation.

To make the Order, the Court must be satisfied that ‘there is a reasonable cause to believe, having regard to the nature and pattern of conduct of the person, that you pose a risk to the lives or sexual safety of children and that the making of the order will reduce the risk’.

Breach of Child Protection Register Conditions

It is an offence not to comply with your reporting obligations. For example, if you forget to inform police if you change internet providers. It is also an offence to provide police with false information.

A failure to comply will result in a criminal charge being laid by police. Subsequently, you will receive a Court Attendance Notice requiring you to appear before the Local Court.

The maximum penalty that can be imposed is a fine of $55,000 and/or imprisonment for 5 years.

It is therefore a serious offence. Accordingly, you should obtain advice from an experienced criminal lawyer before you attend court.

We Can Help

Book in a FREE initial consultation to obtain legal advice now by calling us on 0421 700 497.

What is an interlock order?

An interlock order is a court order requiring you to not drive, unless you have an interlock device installed in your vehicle. An interlock device is a breath test. You must blow into the breath test and return a negative reading for alcohol before driving. The device will also require further tests to be conducted sporadically throughout your drive. If you fail the test, the car ignition will not start.

The order is mandatory for certain drink driving offences, including:

• High Range Drink Driving
• Mid Range Drink Driving
• Low Range Drink Driving, if it is a second or subsequent offence.

You will receive an interlock order, in addition to a licence disqualification. You must serve the licence disqualification first. Once complete, you must attend your local Service NSW and apply for an interlock licence. If you do not apply for an interlock licence, you will not be allowed to drive for 5 years.

Once your interlock licence is granted, you must install an approved interlock device into any vehicle that you drive. If you drive a vehicle that is not fitted with an interlock device, you will be committing an offence.

How long does an interlock order last?

An interlock order is at least 12 months for mid range drink driving, and 2 years for high range drink driving. However, the magistrate can make the period longer, if they deem it necessary to do so.

How can I get an interlock exemption?

It is possible to obtain an interlock exemption in certain circumstances. The exemption must be applied for when your matter is at court for sentencing.

Mid range drink driving

The court may grant an exemption if you can demonstrate one or more of the following:

• You do not have access to a vehicle in which to install an interlock device, or
• You have a medical condition that prevents you from providing a sufficient breath sample, or
• The interlock order would cause you severe hardship.

High range drink driving and second or subsequent offences:

Hardship caused by an interlock order is not a reason for the court to order an exemption for high range drink driving or second offences. Instead, you can only obtain an exemption if you can demonstrate that you do not have access to a vehicle, or you have a medical condition that prevents you from providing a sufficient breath sample.

The legislation defines ‘access to a vehicle‘ as including if you are the registered operator, owner or part owner of a vehicle, as well as if you are not the owner of a vehicle, but you share the use of a vehicle with another person.

We can help

If you have any questions about interlock orders, give one of our Expert Traffic Lawyers a call. We provide FREE initial advice.

Call us now on 0421 700 497.

Attending court can be a daunting experience. It is a formal environment and as a result, there can be hefty consequences if rules aren’t followed.

Below, we’ve outlined 4 examples of things you shouldn’t do when attending court.

1. Not attend court, or leave before your matter is called

Court is a very busy place. Magistrates and judges have many matters to deal with each day. As a result, waiting times can extend for hours.

However, it is not a good idea to not turn up, or to leave before your matter is called. If you do leave, the court has the power to convict you in your absence. In some cases, the court can also issue a warrant for your arrest.

If on the day of court you are feeling unwell, you should obtain a medical certificate explaining why you are unable to attend court, and fax or email a copy to the court as soon as possible. Your matter may then be adjourned, if the magistrate believes that you have a reasonable excuse to not be in attendance.

2. Abuse or swear at the magistrate

It is important to conduct yourself in a courteous manner while you are in court. If you are disrespectful to a magistrate or to the Court, you could face 14 days imprisonment and a $1,100 fine.

3. Take photos or record on your phone

You cannot take photographs or videos, or record any sounds. This applies inside the court room as well as on court premises.

If you do decide to snap a photo while at court, you could be facing a $22,000 fine and 12 months imprisonment.

4. Take sharp objects or glass items into court

At most courts in New South Wales, you will be required to proceed through security before entering the courthouse. Your bag will be scanned, and you may be required to pass through a screening device.

If you have unintentionally left a pair of nail scissors or a glass water bottle inside your bag, you will be required to leave it with security. You can then retrieve the item when you leave court. However, if you fail to comply with the security officer’s request to surrender the item, you may receive a $550 fine.

If you attend court with a knife or weapon in your possession, the consequences are much higher. The maximum penalty ranges from a fine of $2,200 through to $11,000 and up to 2 years imprisonment.

The phrase ‘in circumstances of aggravation’ often appears on a Court Attendance Notice. For example, “sexual intercourse without consent, in circumstances of aggravation” or ‘dangerous driving occasioning death, in circumstances of aggravation‘.

Circumstances of Aggravation Definition

Put simply, the use of this phrase means that the offence occurred in particular circumstances that make the offending more serious. What the particular circumstances involve, depends on the type of charge.

For example, for sexual offences, the circumstances which make the offending aggravated include:

• If, during the offence, the offender intentionally or recklessly inflicted actual bodily harm or grievous bodily harm on the victim, or threatened to inflict harm, or
• The victim was under the offender’s authority at the time of the offence, or
• The offence occurred in the company of another person, or
• The victim had a serious physical disability or cognitive impairment, or
• The victim was under the age of 16 years

For dangerous driving charges, the offending is aggravated if the driver was:

• Speeding more than 45km per hour over the speed limit, or
• Involved in a police pursuit, or
• High range drink driving, or
• Under the influence of drugs

For break and enter offences, the offending is aggravated if the offender:

• Inflicts actual bodily harm, or
• Has a weapon, or
• Uses corporal violence, or
• Is in the company of another person, or
• Deprives someone of their liberty.

If police believe one of these circumstances exist, the charge will be aggravated. The circumstance of aggravation will then become an element of the offence. In other words, it needs to be proved beyond reasonable doubt.

For example, the prosecution will have to prove beyond reasonable doubt that you inflicted actual bodily harm, or that you were in the company of another person. If the prosecutor cannot prove this element, you will not be guilty of the aggravated charge.

Increased Maximum Penalty

The impact of being charged ‘in circumstances of aggravation’ is that the maximum penalty will increase. Therefore, there is less chance of receiving a lenient sentence.

However, it may be possible to negotiate with the police to have the aggravated charge withdrawn. Therefore, it is important you obtain legal advice from an experienced criminal lawyer.

We Can Help

We provide strategic and committed representation for serious criminal offences. Contact one of our experienced criminal lawyers on 0421 700 497 to arrange a FREE initial consultation.

A ‘Serious Indictable Offence’ is an indictable offence that carries a maximum penalty of more than 5 years imprisonment.

Indictable offences are criminal charges that can be prosecuted on indictment. In other words, a judge can hear these charges in the District or Supreme Court.

However, a higher court will not always hear serious indictable offences. Many serious indictable offences are dealt with summarily in the Local Court. This includes offences like Assault Occasioning Actual Bodily Harm, Damage Property and Stalk/Intimidate. Whether these charges are kept in the Local Court will ultimately depend on how serious the alleged offending is.

Offences such as Murder and Sexual Assault are ‘Strictly Indictable Offences’, meaning they must be dealt with in a higher court. These charges will start in the Local Court, before being committed to a higher court for trial or sentence.

What does it mean?

Generally, serious indictable offences will attract a harsher sentence. This is because they are more serious offences, due to the higher maximum penalties that apply. For example, Assault Occasioning Actual Bodily Harm is a more serious charge than Common Assault, which carries 2 years imprisonment.

The other important consideration is in relation to bail. If you commit a serious indictable offence while you are on bail or parole, it is harder to get bail. This is because the new offence becomes a ‘show cause offence’, under section 16B(h) of the Bail Act 2013 (NSW). As a result, you will need to demonstrate why your release is justified.

What should I do if I’m charged with a Serious Indictable Offence?

Obtaining legal advice is the most important thing you can do. It is important that you understand what you have been charged with, and the maximum penalty that applies. But it is also important that you understand your options. Sometimes, police do not have enough evidence to prove someone committed an offence. Other times, police may agree to negotiate and proceed with a less serious charge. In addition, discounts apply to the sentence you receive, depending on the timing of your plea of guilty.

W & Co. Lawyers specialise in criminal and traffic law. We offer FREE initial consultations, so that you can receive quality advice and understand your charge.

Call us now on 0421 700 497.

A ‘major offence’ is relevant to traffic offences. The definition of a major offence is found in section 4 of the Road Transport Act (see below).

It’s important to know whether an offence is a major offence, because it affects the penalty imposed by a Court. For example, if you’ve previously committed a major offence, such as negligent driving causing grievous bodily harm, it will mean that the penalty is more serious for a future traffic offence, such as mid range drink driving. As a result, the drink driving offence becomes a “second or subsequent offence”. Therefore, the maximum penalty increases from $2,200 and 9 months imprisonment, to $3,300 and 12 months imprisonment.

Major Offence Road Transport Act Definition

A major offence includes the following:

• A driving offence that resulted in the death or bodily harm of another
• High range drink driving, mid range drink driving, low range drink driving and novice range or special range drink driving
• Driving with a prohibited drug present in blood
• Driving a vehicle under the influence of alcohol or a prohibited drug
• Negligent driving occasioning death or grievous bodily harm

We can help

Call us on 0421 700 497 to speak to an Expert Traffic Lawyer now. We offer FREE initial consultations.

The difference between the Local and District Court, is that the District Court is a higher court that hears more serious matters. For example, if you plead guilty to drug possession, you will be sentenced in the Local Court. However, if you are charged with a large drug supply, your matter will be heard by the District Court.

Magistrate or Judge?

A key difference between the Local and District Court is the judicial officer who hears the matters. In the Local Court, your matter will be before a magistrate. In the District Court, your matter will be before a judge.

Why is my serious charge in the Local Court?

Despite these differences, all criminal charges will initially begin in the Local Court. Serious charges will eventually end up in the District Court. However they will start in the Local Court where the magistrate will automatically order the brief of evidence.

For example, if you are charged with sexual assault your first court appearance will be in the Local Court. The charge will then go through the ‘Early Appropriate Guilty Plea’ (EAGP) process. During this process the evidence against you will be provided to you and your lawyer. The charges will then be certified by the Director of Public Prosecutions (DPP). Your lawyer will then have an opportunity to negotiate your charges with the DPP. Once the EAGP process is complete, you will need to tell the magistrate whether you wish to plead guilty or plead not guilty. The magistrate will record this, and then send your matter to the District Court for either trial or sentence.

For less serious matters, such as common assault, the matter will finalise in the Local Court by way of sentence or defended hearing. For these matters, the only way to review the evidence against you is to enter a plea of not guilty.

We can help

Our lawyers appear regularly in both complex and minor matters in Local and District Courts throughout Newcastle, Sydney and New South Wales.

We are committed to providing you with a first class service, while ensuring you remain informed and consulted every step of the way.

Contact us today on 0421 700 497 for a free initial consultation.