ByLawyers News and Updates

Criminal & Traffic Law – Finalisation letters – NSW

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Enhancements to finalisation letters

The finalisation letters in the By Lawyers Criminal and Traffic Guides (NSW) have been enhanced.

The finalisation letters now cover all sentencing outcomes, including Community Correction Orders.

There are now separate finalisation letters in the Traffic guide for drink driving offences, which include an Interlock order as a sentencing outcome, and for general offences, which do not include the Interlock outcome.

In both guides there is now also a separate letter dealing with deferral of sentence under s 11 Crimes (Sentencing Procedure) Act 1999.

Feedback regarding By Lawyers content

This enhancement was completed as a response to client feedback. At By Lawyers we love to receive feedback from our subscribers and we really appreciate busy practitioners taking the time to let us know what they need from our content.

We are always available via email: askus@bylawyers.com.au.

For LEAP users with By Lawyers as a companion product, there are two additional ways to provide feedback:

  • When in a LEAP matter, in the top right hand corner of the screen there is a blue question mark icon. Clicking on it reveals a drop-down box for the LEAP Community pages – one of these is ‘Help, support and feedback’. There is also a By Lawyers tab on the LEAP Community page which provides helpful information about using By Lawyers content.
  • When using any precedent in LEAP there is  a ‘Provide Feedback’ button in the ribbon at the top of the document, next to ‘Save to matter as PDF’. This opens to a feedback form, where any issues or suggestions regarding the precedent can be provided. Where such feedback relates to a By Lawyers precedent, LEAP send it on to us and we will always address it promptly, directly with the user.

By Lawyers have often introduced new precedents or enhanced our commentaries as a result of subscriber suggestions. Whenever we see a need for the suggested additions or amendments we are happy to oblige, so as to benefit not only the firm that made the request but all of our other users as well. Sometimes our subscribers will not only identify an issue, such as a new precedent that might be needed, but they will also provide us with the resolution – a precedent they have developed themselves and are happy for us to publish for the assistance of others. The law is, after all, a noble profession and helping each other in a collegiate way is one of the hallmarks of being a lawyer.

Our mission at By Lawyers is to help our subscribers enjoy practice more. Responding to feedback is one of the ways we do it.

Magistrates’ Court Criminal Guide updated – VIC

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Our Victorian Magistrates’ Court Criminal guide has been updated, to make sure our Victorian subscribers who conduct criminal and traffic matters, or appear for applicants or respondents in Intervention Orders, in the Magistrates’ Court are right up to date with the law and practice.

The extensive review by our author, barrister Simone Tatas, includes recent amendments to both bail laws and sentencing for traffic offences. As with all our authors, Simone takes a practical approach, drawing on her experience as both a prosecutor and defence lawyer, to cover all aspects of procedure and focus on practical tips that will help practitioners confidently represent their clients and successfully run their matters in the Magistrates’ Court.

The commentaries have been updated in all of the guides in our publication – Criminal matters, Traffic matters and Intervention Orders. Highlights include:

  • bail amendments and the new ‘exceptional circumstances’ test;
  • programs the client needs to have completed before applying for re-licencing after a disqualification – taking into account whether the offence was committed before or after 1 April 2018;
  • steps to take prior to the commencement of a plea if imprisonment is a real possibility;
  • Community Corrections Orders as a sentencing option;
  • the application of the Behaviour Change program;
  • what to do when a client is in custody and an appeal needs to be listed;
  • the National Domestic Violence recognition Scheme;
  • The effect of ‘no electronic publication’ conditions in Intervention Orders.

Precedents include specific Retainer Instructions for Bail applications, Pleas and Mitigation, as well as for Criminal matters generally, Traffic matters and Intervention Orders. These have all been reviewed to ensure they reflect current law and practice.

We invite you to explore the matter plans in these guides and consider the wealth of assistance this publication offers for lawyers who appear in the Magistrates’ Court criminal jurisdiction.

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