The Local Court of New South Wales

At Coastal Lawyers, we represent clients at all Central Coast and Newcastle Local Courts, including Gosford Local Court and Wyong Local Court. With years of experience in these courts, appearing before them has become second nature to us. However, for those unfamiliar with the court process, it can be an overwhelming and stressful experience.

In this week’s blog, we provide a simple rundown on the Local Court of NSW, helping you understand how it operates and what to expect when representing yourself or seeking legal representation.

What is the Local Court?

The Local Court of New South Wales (formerly the Court of Petty Sessions and the Magistrates Court) is established under the Local Court Act 2007 (NSW). It is one of the busiest courts in NSW, with over 160 locations statewide.

The Local Court handles the majority of minor criminal and civil matters, processing more than 90% of all criminal cases in NSW.

In 2018, the Local Court dealt with 339,219 cases across NSW. In 2022, the Local Court of New South Wales finalized approximately 123,000 criminal cases, marking a 12% increase from 2021. You can find more information here.

This rise reflects the court’s efforts to address delays caused by the COVID-19 pandemic. However, the median time to finalize a defended hearing increased to 310 days in 2022, up from 202 days in 2019, indicating ongoing challenges in managing caseloads. For the most current statistics, please refer to the Local Court’s Annual Reviews.

Types of Cases Handled in the Local Court

The Local Court mainly deals with two types of criminal offences:

1. Summary Offences
   • These are less serious matters such as drink driving, minor assaults, or shoplifting. They are usually dealt with entirely in the Local Court.
   • Summary Offences
2. Indictable Offences Dealt With Summarily
   • These are more serious offences that, under specific circumstances, can be dealt with in the Local Court rather than the District or Supreme Courts.
   • Examples include certain drug offences or fraud under a prescribed financial threshold.
   • Types of Cases Handled in the Local Court: Indictable Offences Dealt With Summarily

Who Prosecutes in the Local Court?

Most Local Court cases are prosecuted by the NSW Police, representing the Crown in summary matters.

In some cases, the Director of Public Prosecutions (DPP) may intervene and take over prosecution.

• The DPP generally makes an election for more serious matters to be referred to the District Court or Supreme Court.
• An election occurs when the offence is deemed too serious for the Local Court’s jurisdiction.

Why Choose Coastal Lawyers?

As former police officers and prosecutors, our team has extensive experience appearing in the Local Court, District Court, and Supreme Court. We know the system inside and out, giving us a unique perspective to help you navigate the legal process effectively.

Whether you’re dealing with a criminal charge, traffic offence, or another legal issue, our team at Coastal Lawyers will provide compassionate, trauma-informed advice to help you achieve the best possible outcome.

Book a Strategy Session

If you have a matter before the Local Court, don’t leave it to chance. Book a Strategy Session with Coastal Lawyers today and get the expert guidance you need.