Criminal Law

Do I have to answer police questions in the NT?

No. You have the right to silence in the Northern Territory. Beyond providing your name and address, you are not legally required to answer police questions. Anything you say can and will be used against you in court. Before participating in any interview, speak to a criminal lawyer at Maleys Barristers & Solicitors first.

What happens after I am charged with a criminal offence?

After being charged, you will be given a court date for your first appearance - typically in the Darwin Local Court or the relevant NT court for your area. At that hearing, the charges will be formally put to you and a next date will be set. Maleys will appear with you, advise you on your options, and begin preparing your defence immediately.

Can I get bail for a serious charge in the NT?

Bail is possible for most charges in the NT, but the process becomes significantly more complex for serious offences. For charges like murder or serious sexual assault, the burden shifts - rather than the prosecution needing to argue against bail, the accused must satisfy the court that it is safe and appropriate to grant release. The court considers factors including the seriousness of the offence, the strength of the evidence, your criminal history, community ties, and the risk of reoffending or failing to appear. A strong, well-prepared bail application with thorough supporting material makes a real difference. Maleys prepares detailed bail applications and appears urgently in the Darwin Local Court and NT Supreme Court to fight for your release.

What is mandatory sentencing and does it apply to my charge?

Mandatory sentencing in the NT means that for certain offences, the court must impose a period of imprisonment regardless of the circumstances. Current mandatory sentencing offences in the NT include murder, serious sexual offences, aggravated robbery and property offences and some emergency worker offences. Mandatory minimums have also been reintroduced for repeat DVO breaches. If you are facing a charge where mandatory sentencing may apply, contact Maleys immediately for advice on exactly which rules apply to your situation.

Should I plead guilty or not guilty?

This depends entirely on the evidence against you, the strength of any available defences, and your personal circumstances. Pleading guilty at an early stage can result in a sentencing discount, but pleading not guilty and going to trial may result in a full acquittal. Maleys will give you an honest, clear assessment of your options without pressure, so you can make the decision that is right for you.

How long does a criminal case take in the NT?

Summary matters in the Darwin Local Court can often be resolved within a few months. Indictable matters heading to the NT Supreme Court - involving committal proceedings, trial preparation, and a jury trial - can take anywhere from one to two years or more. Maleys will keep you informed at every stage so you are never left wondering where things are up to.

Will I get a criminal record?

If you are found guilty of a criminal offence in the NT, a conviction will generally be recorded on your criminal history. In some circumstances - particularly for minor first offences - the court may grant a non-conviction order, meaning the offence is not permanently recorded. Maleys will always argue for the least damaging outcome and advise you on the long-term implications of any conviction.

How much does a criminal lawyer cost in Darwin?

Legal costs vary depending on the complexity of your matter, the court it is heard in, and the amount of preparation required. Maleys is transparent about fees from the outset and will give you a clear picture of likely costs before you commit to anything. If you are not eligible for Legal Aid but cost is a concern, talk to us and we will work with you to find a solution.

What is the difference between the Darwin Local Court and the NT Supreme Court?

The Darwin Local Court handles summary offences and the early stages of more serious indictable matters. The NT Supreme Court handles serious criminal trials, including matters involving juries. Where your charge is heard depends on its seriousness. Maleys practises across both courts and will represent you at whichever level your matter reaches.

Can I appeal my conviction or sentence in the NT?

Yes. If you believe your conviction was wrong - for example because the verdict was unreasonable or there was an error of law - you may have grounds to appeal. If you feel your sentence was excessive, you can also appeal against sentence. There are strict time limits that apply, so it is important to act quickly. Contact Maleys as soon as possible if you are considering an appeal.