Criminal law in Australia is a body of law that deals with criminal offences. It gives the government license to convict and punish those responsible for crimes as land out within the statutes and laws of various States and Territories. Think of criminal law as the rulebook that allows the government to prosecute and fine or imprison someone if found guilty. Here’s all you need to know about Australia’s criminal law system and tips on how to navigate it. 

Where do our criminal laws come from?

Many of the criminal statutes found within Australian criminal law come from the United Kingdom, as Australia is part of the Commonwealth of Nations and was colonized by the British back in 1788. During these early days, Britain implemented English laws in New South Wales despite existing indigenous populations already having their own legal systems in place. As Australia developed as a modern nation, it has naturally taken on many of the traditions and proceedings of English common law. However, when Australia federated in 1901, it brought in the Australian constitution which set out the legal landscape we live in today. Read more information at this link .

Why are criminal laws different across Australia?

You may be surprised to learn that not all laws are the same from one state to another. Each Australian State and Territory is responsible for implementing laws within their own jurisdiction, for example, the Western Australian Criminal Code deals with all offences committed within the state’s borders only. There are offences that can be dealt with at the federal level such as anti-terror law. Federal laws are dealt with by Australian federal police and not by your every-day police officer. 

The purpose of criminal law in Australia

The overall purpose of criminal law in Australia is to lay out the law when it comes to committing crimes and offences against fellow citizens. But the purpose isn’t just to punish those who transgress, it’s about providing a safe and equal society where we all commit to the same rules, no matter where who or where we are. In Australia, we all benefit from a relatively robust criminal law system that aims to keep crime rates low and give everyone a fair chance in court. 

What’s the difference between criminal law and civil law?

Criminal law is different from civil law in that criminal proceedings are initiated by the government or prosecuting attorney against an individual or group for committing a crime, whereas civil cases are legal actions brought before the courts by individuals, businesses, or corporations against another individual company or entity. There are slightly different proceedings and outcomes based on whether the case is civil or criminal. Here’s what that means:

• In criminal law, to convict an individual for a crime the judge must be satisfied 100% that the offender did in fact commit the crime they are standing trial for. 
• In civil law, to convict an individual or corporation the balance of proof depends on the probability ie. what is more likely. 
• The standards of proof are higher in criminal law and the burden rests on the prosecutor to prove beyond a reasonable doubt that the accused is guilty. 
• Outcomes in civil law cases can involve access to compensation such as emotional or injury damages. 

What kinds of offences are laid out in Australia’s criminal law system?

There are many different kinds of offences laid on within Australia’s respective state criminal codes. Generally, they follow a simple category system that ranks different types of crimes depending on their severity and impact on the victim or society:

1. Summary or simple offences – this can be something like repeat drink driving or a minor criminal damage charge. 
2. Minor indictable offences such as theft, aggravated assault, or criminal trespassing. 
3. Major indictable offences – such as arson, murder, and treason. 

How criminal law works in practice 

Depending on the level and type of offence, Australian criminal law works by allocating certain types of offences into different courts. For example, all summary offences are dealt with in local Magistrates courts, and the kinds of punishments dished out are on the lighter side. More serious indictable offences allow a trial by jury and will take place in either the District or Supreme court. Naturally, the consequences are proportionately higher for more serious cases. 

Are you facing criminal proceedings? Here’s how to navigate the system with a criminal lawyer

No doubt, criminal law can be confusing – especially given how complex the language is and how little experience the majority of people have with the legal system more generally. If you find yourself in a position where you’re being questioned, arrested on a charge, or simply curious about a personal matter – don’t proceed without a qualified criminal lawyer to back you up. Self-representation may seem almost romantic but can result in harsher sentencing and worse outcomes for those who try. Get in touch with a criminal lawyer for the assistance you need.