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Protections for criminal defence lawyers to be enacted

Criminal defence lawyers will have the same criminal law protections as public justice officials against injury, detriment and threats, following the passage of new legislation in the NSW Parliament on Wednesday (16 November).

user iconJerome Doraisamy 18 November 2022 Politics
Protections for criminal defence lawyers to be enacted
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Last month, the Crimes Amendment (Protection of Criminal Defence Lawyers) Bill 2022 was introduced to NSW Parliament, which amends the Crimes Act 1900, extending offences to protect judges, criminal defence lawyers and persons connected with judicial proceedings from threat, intimidation, and reprise.

Here, several criminal defence lawyers spoke to Lawyers Weekly about why such amended legislation was needed.

Now, the legislation has passed. Speaking following the vote, NSW Attorney-General Mark Speakman said defence lawyers play a critical role in supporting the justice system and should have the same protections as prosecutors in undertaking this work.

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“Every person has the right to a fair trial, and to the presumption of innocence until found guilty beyond reasonable doubt by a court,” he said.

“Defence lawyers support those key tenets of justice by putting the prosecution to proof. It is important that defence lawyers are free from threats, intimidation and reprisals, to uphold their duties to the court, the justice system and to their clients.

“The bill will extend existing protections for public justice officials, like prosecutors, to criminal defence lawyers.”

It will, in NSW, now be an offence to — without reasonable cause — threaten to do or cause an injury or detriment to a person intending to influence a person’s conduct as an Australian legal practitioner acting for a defendant in a criminal matter or in connection with criminal proceedings, or threaten to do or cause an injury or detriment to a person on account of anything lawful done by the person as an Australian legal practitioner acting for a defendant in a criminal matter or in connection with criminal proceedings.

These offences will carry a maximum penalty of 10 years imprisonment. 

“These reforms illustrate the NSW government’s commitment to supporting frontline workers in all sectors, including our justice system and the legal profession,” Mr Speakman said.

“These offences were carefully drafted to ensure they don’t criminalise legitimate conduct, such as making a complaint about a lawyer to a professional body or ending a retainer.

“Existing criminal offences, such as intimidation or perverting the course of justice, will continue to apply to threatening conduct against any lawyer, regardless of the type of matter or which court they are appear[ing] in.”

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