Criminal Law

The Legal Services Commission has the largest criminal law practice in South Australia providing advice and court representation to persons charged with criminal offences. The Criminal Law Practice Division provides representation, duty lawyer services, prison advice and an after-hours custody advice service.

The Criminal Law Practice Division represents persons charged with criminal offences across all jurisdictional levels from the Youth Court, Magistrates Court, District and Supreme Courts through to the Court of Criminal Appeal and the High Court of Australia.

The service extends from representation at police interview (through the after-hours custody answering service), to advice and representation through committal, trial, sentencing, appeals before the courts and appearances before the Parole Board. Legal Services' criminal lawyers represent approximately 30% of all legal aid clients charged with criminal offences. The remaining clients are represented by private lawyers under a grant of legal aid. Legal aid is not normally available for less serious offences where there is no risk of imprisonment. Instead, these clients can obtain advice and assistance from our Legal Advice Service and Duty Lawyer Service.

In addition to the head office in Adelaide, Legal Services' criminal lawyers are based at Elizabeth, Noarlunga, Port Adelaide, the Adelaide Youth Court, Port Augusta, Whyalla and Mount Gambier.

Specialised courts and programs

There are a number of specialised courts and intervention programs operating in the Magistrates Court in South Australia. These include the Magistrates Court Diversion Program (which operates at most metropolitan courthouses), the Treatment Intervention Court (incorporating substance dependence, mental illness, and co-morbidity streams), the Family Violence Court, and Aboriginal Sentencing Courts and intervention programs. The Magistrates Court is also currently trialling a South Australian Veterans Court Pilot Program.

The aim of these programs is to address the issues that have led to an offender becoming involved in the criminal justice system by participation in intensive rehabilitation programs and counselling to deal with their particular issues and needs. Legal Services' criminal lawyers practice in the courts where intervention programs are operating and can help offenders connect with appropriate support.