News · Criminal law explainer
Can you represent yourself in a criminal case in NSW?
Some people choose, or feel they have to, run their own criminal case. You are entitled to. But the courtroom is built around trained advocates, and self-representation is harder than it looks. This note explains what representing yourself involves, the particular difficulties in a defended hearing, and the help that is available.
By Aaron Kernaghan · Published 3 September 2026
Yes, you have the right to represent yourself in a criminal case in NSW. But it is difficult, especially in a defended hearing, because you have to know the law of evidence, cross-examine witnesses, and make legal submissions while the case is about you. For anything beyond a very minor matter, getting advice, or free help from Legal Aid or a duty solicitor, is strongly advisable.
Do you have the right to self-represent?
Yes. A person charged with a criminal offence has the right to represent themselves at any stage, in any court. The court cannot force you to have a lawyer, and it will hear you if you appear for yourself.
The court will make some allowances for an unrepresented person, such as explaining the process and helping them understand what is happening. But it cannot advise you or run your case for you.
What self-representation involves
Representing yourself means doing everything a lawyer would do: reading and analysing the brief, deciding how to plead, making applications, cross-examining the prosecution witnesses, giving or calling evidence, and making submissions on the law and on sentence. It also means keeping your composure while the case is about you.
In a plea of guilty, self-representation is more manageable, because the task is largely about the facts and the plea in mitigation. In a defended hearing it is much harder.
The difficulties in a defended hearing
A defended hearing turns on the rules of evidence, the elements of the offence, and effective cross-examination. Knowing which questions to ask, which objections to take, and how to expose a weakness in the prosecution case is skilled work. An unrepresented person is at a real disadvantage against a trained prosecutor.
There are also emotional difficulties. It is hard to cross-examine a witness about events that affected you, and hard to make cool decisions under pressure about your own liberty.
The help available
You do not have to choose between full representation and going it entirely alone. Legal Aid NSW provides advice and may provide representation for those who qualify. A duty solicitor at court can help on the day. LawAccess NSW gives free information. Even limited advice can make a large difference.
Getting the brief read by a lawyer, or getting advice on how to plead, is valuable even if you then appear yourself. Our note on whether you need a lawyer covers the balance.
When it might be reasonable
For a very minor matter, where you accept guilt and the likely penalty is small, self-representation after getting free advice can be reasonable. For anything where a conviction, a significant penalty, or a defended hearing is in play, the risks of going alone are high.
The decision should be an informed one. Speak to a lawyer or a duty solicitor before you decide. Our notes on how to plead and the first thirty days explain the steps you would be handling.
Frequently asked.
Can I represent myself in a criminal case in NSW?
Yes. You have the right to represent yourself at any stage, in any court. The court cannot force you to have a lawyer and will hear you if you appear for yourself.
Will the court help me if I represent myself?
The court will make some allowances, such as explaining the process, but it cannot advise you or run your case for you. The prosecutor is not there to help you either.
Is it hard to represent yourself in a defended hearing?
Yes. A defended hearing turns on the rules of evidence, the elements of the offence, and effective cross-examination. An unrepresented person is at a real disadvantage against a trained prosecutor.
Can I get free help instead?
Yes. Legal Aid NSW provides advice and may provide representation for those who qualify. A duty solicitor can help at court, and LawAccess NSW gives free information. Even limited advice helps.
When is self-representation reasonable?
For a very minor matter where you accept guilt and the likely penalty is small, after getting free advice. For anything involving a conviction, a real penalty, or a defended hearing, the risks are high.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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