Key updates includes:

Search warrants (NSW) - Digital devices access warrant

NSW police may seek an order from a Magistrate giving them access to digital devices and require owners to facilitate access. See [6.160], [6.666], [6.925] and [6.1270]. It is an offence, with a maximum penalty of five years’ imprisonment, not to co-operate with the order: see [6.1795]. 

Warrantless searches following prohibition orders on individuals - Prohibition orders against persons not charged with an offence

Please see Table 6.3 at [6.2710] for a comparison of the six kinds of NSW prohibition orders that can be made against named persons: child protection, criminal organisation, dedicated encrypted criminal communications device, drug supply, firearms, and serious crime prevention prohibition orders. 

Child protection prohibition orders – Dedicated encrypted criminal communications device prohibition order

In NSW, possession of certain “dedicated encrypted criminal communications devices” is an offence and prohibition orders may be imposed on relevant persons giving police the powers to search those persons and their devices. See [6.2820]. 

Search warrants (Cth) - The purpose of a search warrant

In the investigation of Commonwealth offences, police may obtain an order to require an owner or person with knowledge of an electronic device to disclose passwords or codes to enable access to that device: see [7.260]. [7.265], [7.580], [7.670] and [7.1010]. 

Sentencing options - Sentences served in the community – Intensive correction orders
The assessment of eligibility for an intensive correction order (ICO) remains under review and the High Court in Stanley v Director of Public Prosecutions (NSW) [2023] HCA 3; (2023) 97 ALJR 107 has reserved to give its reasons in a case involving ICO. See [28.800], [28.810], [28.820], [28.825], [28.830], [28.835]. 

For a detailed summary of this release, please refer to [S23.10].

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.

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