The decision by NSW Police to lay a charge is discretionary. A police officer with authority decides whether to charge a suspect. The problem arises when police charge without conducting a proper investigation. It is a very common practice to lay a charge on the basis of a single uncorroborated complaint, sometimes even without obtaining a statement. This is particularly common in cases involving allegations of domestic violence. 

Case study

Imagine spending months in jail because a former partner lied to the police? This is exactly what happened to my client.

My client was charged with a serious domestic violence offence, refused bail by the police, remanded in custody by the Local Court and sat in jail for months. He pleaded not guilty and was given a hearing date of late 2026. He would have served many more months in jail if I hadn’t made a successful bail application.

On the day he was arrested and charged, NSW Police wrote: “The incident was captured on CCTV.” The CCTV footage was provided to NSW Police.

By chance, and before NSW Police served the brief of evidence, I was able to view the CCTV footage. It exonerated my client, proving without doubt that his ex-partner lied about every material detail. The CCTV footage showed the police “victim” attacking my client and his new partner. My client tried to restrain the victim to prevent the attack from continuing.

If NSW Police simply reviewed the CCTV before laying the charge he would never have been arrested, charged or remanded in custody.

I can only wonder how many other innocent people sit in custody everyday, waiting for NSW Police to conduct an investigation.

What can be done?

Apply for bail

The obvious solution is to apply for bail. It is also unlikely to succeed unless there strong arguments in favour of it being granted.

Strong arguments favouring bail usually come from one of two sources, evidence of personal circumstances (affidavits, the availability of security, etc), or the weakness of the prosecution case.

Issue subpoenas for production

Police are only required to serve the brief of evidence 14 days or more before the date set for hearing in the Local Court. Sometimes, a subpoena must be issued to obtain the relevant evidence in a timely manner so that a stronger bail application can be made.

These are complex decisions and should only be made after receiving comprehensive legal advice.