Despite appeals for privacy, the media has hounded Renae Lawrence, the recently freed member of the so-called Bali Nine, interrogating every detail of her post-prison life.

With the Daily Mail "reporting" last week she had "purchased half a dozen bread rolls" at an Aldi supermarket, it seems no detail is too mundane to escape comment.

The media pursuit was so intense following Lawrence's arrival back in Australia from Indonesia last week that she was forced to bypass the baggage carousel, sprint to her car, and as the pack of reporters closed in, cover her face with a towel.

There has also been much speculation over whether or not Lawrence should face criminal charges for outstanding warrants issued by NSW police in 2005.

NSW police allege that Lawrence had been involved in a car theft and high-speed chase from Sydney's inner west to the Central Coast, along with fellow Bali Nine member Matthew Norman, in March 2005. Norman is serving a life sentence in Kerobokan prison.

Lawrence was unable to attend court for the alleged car theft in 2005 as she was then in an Indonesia prison, awaiting trial for attempting to smuggle 2.7 kilograms of heroin into Australia.

She attended Waratah police station in Newcastle in respect of the warrants on Friday, a day after her arrival back in Newcastle. Police granted Lawrence conditional bail, and she is expected to appear at Newcastle Local Court on December 6.

Among the suggestions is that she deserves leniency due to her time spent in prison.

Representing the opposing view, Home Affairs Minister Peter Dutton — ever eager to comment on criminal matters outside his remit — said: "If you've committed offences in our country you need to face the justice system here."

Lawrence entitled to presumption of innocence

Renae Lawrence has not even had the opportunity to appear in court over the NSW charges, let alone entered a plea. ( Reuters: Johannes P. Christo )

Amid all this speculation, what is overlooked is that Lawrence is entitled to the presumption of innocence.

She has not even had the opportunity to appear in court, let alone entered a plea of guilty or not guilty to the charges.

With so many discretionary steps in the criminal justice process, it is impossible to prejudge how Lawrence's outstanding criminal charges will be resolved.

How every criminal matter proceeds depends on myriad discretionary choices exercised by police, and for more serious matters also the NSW Director of Public Prosecutions (DPP). The police are tasked with deciding whether or not to investigate, charge or arrest someone. Police may instead choose to ignore a matter, warn or caution the person.

Police prosecutors, who may or may not have legal qualifications, prosecute less serious offences, such as offensive language or behaviour, minor drink driving matters and minor assaults. Meanwhile legally qualified practitioners working for the DPP prosecute more serious "indictable" offences.

Where the person faces multiple charges, the prosecutor and the accused's lawyer (if the accused is represented) often negotiate the number and seriousness of the charges, in a process known as charge negotiation.

Accordingly, it is by no means inevitable that a suspected offence will proceed to trial.

Is prosecution in the public interest?

The resources of the state are finite, and in many cases it may be undesirable, unfair or unjust for a criminal trial to take place. Instead, prosecutors must consider whether or not criminal prosecution is in the public interest. This is the paramount consideration for a decision to prosecute an offence.

Whether or not the prosecution of a matter is in the public interest involves consideration of a number of non-exhaustive factors.

One factor that may be relevant to Lawrence's case is the "staleness" of the alleged offence, given that the incidents were recorded more than 10 years ago.

Other matters for consideration include the seriousness or triviality of an alleged offence; whether or not the proceedings or a conviction would be unduly harsh or oppressive; and an accused's willingness to co-operate and assist in the investigation of an alleged offence or other offences.

Importantly, the Prosecutorial Guidelines provide that any such decision should not be influenced by "possible media or community reaction to the decision". In addition, political pressure should have no bearing on the decision.

Lawrence 'paid her price for her sins'

If Lawrence's matter does proceed to trial and she pleads not guilty, her charges will have to be proven by the prosecution to the criminal standard of "beyond reasonable doubt". This is a fundamental tenet of the criminal justice system.

Renae Lawrence took to art while serving time in Indonesia for drug trafficking. ( ABC News: Ambros Boli )

If, on the other hand, Lawrence enters a plea of guilty to the charges, the matters will proceed to sentence.

Could a sentence served overseas mitigate any sentence imposed for an unrelated criminal matter? In response to this issue, Dutton has suggested that a sentence served elsewhere "doesn't give you credit when you get back to Australia".

Police Commissioner Mick Fuller presented a more nuanced perspective, stating" "I think she paid her price for her sins. Nevertheless we will still take those … matters to court."

The sentencing of an individual takes place following a sentencing hearing, in which evidence is presented by the prosecutor and the defence. The presiding magistrate or judge must consider the evidence presented, including the relevant objective and subjective features of a person's case.

Subjective factors may include if and when the offender has entered a plea of guilty, any rehabilitation undergone during a period of delay, whether the offender has demonstrated genuine remorse for their actions, and any assistance given to law enforcement for past and present criminal investigations. This includes assistance to authorities in other countries.

'Instinctive synthesis' guides court

High-profile cases can be distorted through a narrow and sensationalised media lens. ( AAP: Dan Himbrechts )

Another consideration, which may mitigate or aggravate the sentence imposed, is whether an accused has minimal prior convictions or a substantial criminal record.

After weighing up all the relevant factors, the court then hands down a sentence which is proportionate to the gravity of the offence. This process is known as "instinctive synthesis".

With all these factors taken into account it is impossible, and undesirable, to prejudge how Lawrence's outstanding criminal charges will be resolved.

This is especially so when the facts of high-profile cases are distorted through a narrow and sensationalised media lens.

Discretion pervades every step of the criminal process and police and prosecutors must be able to exercise that discretion objectively and free from political or media pressure.

Dr Elyse Methven is a lecturer in the UTS Law faculty.