Criminal Law

You have certain obligations under the law if you are arrested. You are required to answer questions to confirm your identity, including your name, address and date of birth. However, this is all you are legally obligated to provide. You are entitled to refuse to answer any other questions. If you are asked to participate in an ID parade or line up, you can refuse to take part, although the police can still carry out photographic identification. The police or an authorised public body can request a copy of your criminal record, but no-one else is entitled to access it. Liston Legal solicitors are on hand 24/7 to provide representation if you are arrested. In this situation, we can provide a variety of services and legal protections, including: advising you of your rights; explaining any charges against you; advising on possible penalties; and explaining your options. In addition, Liston Legal solicitors can accompany you to a police interview, make a bail application on your behalf, and represent you in court.

You will receive a Court Attendance Notice (CAN) if you are charged with a criminal offence. The CAN will include the following details: which court you are required to attend; the date and time you are required to attend; and the offence with which you have been charged. If you receive a CAN and need advice, you should contact Liston Legal as soon as possible. We will help you to understand any accompanying Police Facts Sheet (which will outline the police version of events) and advise you as to what action you can take if there are aspects that you dispute.

A search warrant is a written order from a judicial officer giving the police the authority to search premises as detailed in the warrant. A warrant is required by police if they wish to search premises but you have not given permission for them to enter. In NSW, it is possible for the police to search a person without a warrant, if they believe someone is in possession of illicit drugs, a dangerous weapon, stolen property, or an object(s) that could be used to commit a crime. If you have been subject to a search warrant, contact Liston Legal immediately, as our team of criminal law solicitors have extensive experience with regard to the issue and execution of warrants. This is important because in NSW if a warrant has not been issued in accordance with the law, or the police have not followed the law in executing a warrant, a court may rule that the warrant and search are invalid.