Key updates include:

Arrest - Arrest-related offences – Effect of acquittal on original charge on arrest-related charges – Unlawful arrest followed by lawful arrest

When multiple police are present at an arrest, some arrests may be unlawful, and some are lawful: Kershaw v The King [2024] NSWCCA 27. See [1.2125]. 

Charging - Remedies – Quantum of damages for malicious prosecution

Exemplary damages may be awarded against police officers who have shown a “high-handed and contumelious” disregard for a person’s rights: New South Wales v Madden (2024) 113 NSWLR 509; [2024] NSWCA 40. See [2.867]. 

Arrest - Use of force during arrests – Regulation of police tactics during an arrest – OC spray/capsicum spray – Use of dogs

Police force uses of OC spray and dogs during arrests have been reviewed. See [1.810], [1.830], [9.131]. 

Detention and questioning – NSW - History, reports, papers

A conference paper by the Hon. Justice Yehia has outlined the process and evidentiary consequences of failure to follow detention and questioning legislation. 
The failure of police to follow legislative guidelines when interviewing young people has been reviewed in detail by the NSW Law Enforcement Conduct Commission’s report Operation Mantus. See [4.10] and [4.400].

Bail - Where an adult accused must show cause why their detention is not justified

Under the Bail Act 2013 (NSW), offences for which the burden on an adult charged with a serious indictable offence to show cause why detention not justified now include coercive control offences and serious domestic violence offences. See [3.40]. 

Bail - Juvenile bail limited unless “high degree of confidence” they will not commit a serious indictable offences while on bail

Under s 22C of the Bail Act, the court must not grant bail to a young person aged 14 to 17 who is charged with a "relevant offence" while already on bail for another "relevant offence," unless the court has a high degree of confidence that the young person will not commit a serious indictable offence while on bail: R v RB [2024] NSWSC 471. See [3.45]. 

A detailed summary of this release is available at [S24.30].
 

Criminal Procedure (NSW) provides in-depth practical and procedural knowledge on how to approach your criminal case in New South Wales, from the moment of arrest to appealing a sentence decision (including remedies if no conviction results). Topics discussed in the service are: arrest, charging, bail, detention and questioning, search warrants, telephone interception and surveillance devices, pre- and post-arrest directions and searches, identification material, taking and using body samples, body cavity searches, mentally ill / intellectually disabled persons, summary procedure, committal procedure, pre-hearing procedure, hearings (conduct of defence / conduct of prosecution / witnesses / role of judges and magistrates / jury and verdicts), sentencing and appeals.

The Criminal Law Practice Area on Westlaw has many services that are designed to complement each other to provide the breadth of coverage of a single compendium but with the in-depth analysis that specific focus areas will allow. In addition, the Alert and the reports series will also enable practitioners to keep up to date with pertinent caselaw. When taken in its entirety, the Criminal Law Practice Area will furnish subscribers with a full picture of Criminal Law in the respective jurisdictions without the necessary restrictions of single services. The Criminal Law Noticeboard is specifically geared for specialists in the area and will deliver news items of interest and significance written and curated by in-house editors. To subscribe to the Criminal Law Practice Area on Westlaw, contact Thomson Reuters.