Precedents: Criminal Law
7 starting-point precedents for this area. Each one names the law it rests on and says how far AI may help.
- Precedents in this area
- 7
- Full text
- For signed-in accounts
- Newest law stated as at
- 17 October 2026
- Guidance for this area
- Tasks and AI use in Criminal Law
| Precedent | Kind | Where it applies | AI use | Law stated as at |
|---|---|---|---|---|
| Bail application submissions (NSW release application)Written outline for a release application under the Bail Act 2013 (NSW): show cause where it applies, each bail concern, the s 18 matters, and conditions that meet the s 20A tests. | Court document | New South Wales | Red | 17 October 2026 |
| Letter of advice on the brief of evidence and plea optionsPrivileged advice letter to an accused client: the charges and elements, what the brief shows, the options (defend, plead, negotiate), sentencing discounts, likely penalties and collateral consequences, and the instructions needed. | Letter | New South Wales | Yellow | 17 October 2026 |
| Representations to the DPP seeking charge resolution or withdrawalWithout prejudice letter to the NSW ODPP proposing withdrawal of charges or a plea to an alternative, structured around the ODPP charge resolution guidelines, with client authority recorded. | Letter | New South Wales | Yellow | 17 October 2026 |
| Sentencing submissions and guidance letter for character refereesOutline of written submissions on sentence under the Crimes (Sentencing Procedure) Act 1999 (NSW), with a letter to character referees explaining what to write and the court's rule that references must not be generated by AI. | Court document | New South Wales | Red | 17 October 2026 |
| Application under s 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)Outline of an application in the NSW Local Court to dismiss charges and discharge a defendant with a mental health or cognitive impairment, built on ss 12–15 and a clinician's treatment or support plan. | Court document | New South Wales | Red | 17 October 2026 |
| Protocol: AI-assisted review of the prosecution brief and digital evidenceMatter-level checklist for using AI to index, transcribe and search a criminal brief: what may never go into an AI tool, the SC Gen 23 conditions for restricted material, tool approval, verification and record-keeping. | Checklist | New South Wales | Yellow | 17 October 2026 |
| Checklist: challenging or authenticating suspected AI-generated (deepfake) evidenceStep-by-step checklist for criminal matters where an image, video, audio or message may be AI-generated or altered: preservation, requests for originals, Evidence Act authentication and exclusion points, expert evidence and AI-detection limits. | Checklist | New South Wales, Australia, United States | Yellow | 17 October 2026 |
AI use levels: Green means AI can do most of the drafting and a lawyer reviews it. Yellow means AI helps in set ways and a lawyer checks specific points. Red means a lawyer does the work and AI stays out of the decisive steps.