As the year draws to a close, so too do the majority of services and organisations for the Christmas period, and this includes most courts. What happens, then, if you or a loved one is accused of a crime during this time, and the police refuse to release you from custody?
Thankfully, you will not have to wait until the holidays are over before you can be brought before a court to apply for bail.
While their operating hours change over the holidays, the court system does not completely shut down. Procedures are in place to address what happens if you are charged over the Christmas period, the police refuse you bail, or you wish to vary your bail conditions.
There are any number of reasons you may encounter the criminal justice system during the Christmas holidays. Read on to learn the process if you are summoned or arrested at this time of the year and other things to remember during the holiday period.
Court Fixed Vacation Period
Normal rostered sittings at the Local Court are suspended on and from Monday, December 23rd, 2024, and will recommence on Monday, January 6th, 2025.
For the District Court’s criminal jurisdiction, summer vacation will commence on Friday, 20 December 2024 and recommence on Monday, 3 February 2025.
The Supreme Court’s court vacation will commence on Monday, 23 December 2024, and conclude on Friday, 31 January 2025.
What Happens if You Are Arrested?
If you are arrested during the Local Court’s Fixed Vacation Period, you do not need to be locked up until the Court reopens; bail procedures are in place for the holiday season.
If you are arrested by police and charged with a criminal offence, you will likely be taken to a police station for processing. The police will then decide whether to release you until your court date. If granted, this is called “police bail”.
If the police don’t give you bail, they must bring you before a court as soon as practicable. For example, if you are arrested in the morning, you will normally be brought before a court that afternoon.
While most NSW courts are closed over Christmas, Bail Courts will remain open throughout the holiday period, including on weekends and public holidays.
Statewide Special Arrangements During the Vacation Period
Local Court Arrangements
Persons in Custody – On Weekdays that are not Public Holidays
Acting Magistrates will be rostered at Parramatta to determine bail for adults who remain in custody and to consider any urgent applications for Apprehended Violence that are lodged state-wide.
All adults remanded in custody are to be dealt with via Audio Visual Link (AVL) facilities at Parramatta Local Court.
There will be no in-person appearances. Appearances will be in accordance with the agreed standard operating procedures for centralised bail courts. The telephone contact for Parramatta Local Court is (02) 8688 4090.
Please Note: 20 December 2024
The Chief Magistrate has approved a Chamber Day on Friday, 20 December 2024. Bail matters for the State will be centralised to Parramatta Local Court.
Persons in Custody (Weekends and Public Holidays)
Magistrates will be rostered at Parramatta Children’s Court to determine bail for adult persons and to consider any urgent applications for Apprehended Violence Orders that are lodged state-wide.
All adults remanded in custody are to be dealt with via Audio Visual Link (AVL) facilities at Parramatta Children’s Court.
There will be no in-person appearances. Appearances will be in accordance with the agreed standard operating procedures for the centralised bail courts.
Domestic and Personal Violence Applications
In the ordinary course, provisional orders are to be listed after 6 January 2025. However, urgent applications for interim domestic and personal violence orders or urgent interim variations of domestic and personal violence orders may be listed at Parramatta Children’s Court on a weekday that is not a public holiday during the court vacation period but only following consultation with the registrar of Parramatta Children’s Court.
District Court Arrangements
From Monday, January 6, 2025, a duty Judge will be available to hear any urgent matters, by arrangement only.
Sydney District Court will resume sitting on a limited basis from 13 January 2025. Gosford District Court will resume sitting from 20 January 2025. Queanbeyan District Court will sit from 28 January 2025. All other locations will commence sitting from Monday, 3 February 2025, the first day of the Law Term.
Children’s Court Arrangements
Children’s Court (Weekdays that are not Public Holidays)
Magistrates will be rostered at Parramatta Children’s Court to determine bail applications, urgent applications for Apprehended Violence Orders and urgent applications for care and protection orders from across the state.
Children’s Court (Weekends and Public Holidays)
A Magistrate will be rostered at Parramatta Children’s Court to determine bail applications and urgent applications for Apprehended Violence Orders.
Bail Proceedings & Variations
Bail Proceedings
AVL at Parramatta Children’s Court will deal with first-appearance bail applications from across the state every day, including public holidays.
Standard Operating Procedures have been developed and agreed upon between agencies, setting out processes for 3 categories
a) AVL from Youth Justice Centre’s
b) AVL from police stations that are more than 2 hours from a Youth Justice Centre
c) AVL from police stations that are less than 2 hours from a Youth Justice Centre with the approval of the Court.
Bail Variations
Should a person attend a Police station anywhere in NSW during this period regarding applications to vary bail, they should be asked to call the New South Wales Courts Service Centre (NSWCSC) on 1300 679 272. Upon receiving a call, the NSWCSC will provide assistance and, if necessary, directly transfer the person to a senior staff member at Parramatta Local Court or, in appropriate circumstances, Parramatta Children’s Court.
In limited circumstances, an authorised justice may grant a bail variation if there is no objection by the prosecutor, or in the case of a young person, the application may be listed before the court.
Court Registry Services
Parramatta Local Court, Parramatta Children’s Court and Parramatta Drug Court will be open for urgent enquiries only.
All other registries across the State will be closed to the public subject to the exceptions for the Drug Court, which will be open in the Hunter on the 23rd, 30th and 31st of December 2024.
Alternative Arrangements for Accessing Registry Services
The NSWCSC will manage telephone calls for all state-wide local court registries and will contact a senior registry officer at Parramatta to facilitate urgent police applications, urgent personal and domestic violence applications, applications for variations of bail, and urgent civil notices of motion/applications.
Double Demerit Points
Finally, it is important to be conscious that double demerit points apply to traffic offences over the holiday period.
Demerit points are penalties applied to driver licences when motorists commit certain traffic offences. In NSW, these points are multiplied by two during busy holiday periods. This seeks to encourage drivers to improve their driving behaviour, obey road rules, and comply with traffic laws while the roads are at their busiest time.
The double demerit points scheme applies to the following offences:
- Speeding;
- Illegal use of mobile phones;
- Not wearing a seatbelt, and
- Riding without a helmet.
In NSW, the scheme is in place from 20 December 2024 until 1 January 2025, which includes Christmas Day, Boxing Day, and New Year’s Day.
Key Takeaways
- Most courts in NSW are closed for the Christmas period from December 23, 2024 to January 6, 2025, but bail procedures are in place for those arrested during this time.
- Parramatta Local Court and Parramatta Children's Court will be open for bail applications, urgent apprehended violence orders, and care and protection orders, with appearances via Audio Visual Link (AVL).
- The NSW Courts Service Centre (1300 679 272) will manage telephone calls for all state-wide local court registries and facilitate urgent applications during the holiday period.
- Double demerit points apply to certain traffic offences like speeding, illegal mobile phone use, not wearing seatbelts, and riding without helmets from December 20, 2024 to January 1, 2025 in NSW.
Charged with a Criminal Offence Over Christmas?
There are often many months between being charged with an offence and having the matter finalised before a court. For this reason, it is extremely important to seek advice and representation from a criminal lawyer who can guide you through the process and give you the best prospect for being granted bail.
The team at Hamilton Janke Lawyers understands that being charged is particularly stressful during the Christmas break. Our lawyers will make themselves available for urgent charges or bail-related enquiries over the break. If you need advice or representation, please do not hesitate to contact us.
Written By
Drew Hamilton
Drew Hamilton is founding partner at Hamilton Janke Lawyers. Admitted to the Supreme Court of New South Wales as a Solicitor and also listed on the High Court of Australia register.
