Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
The ACT Human Rights Act
The Human Rights Act 2004 can be drawn on to improve your position in a criminal law case. All legislation in the ACT must comply with the Act, which includes many provisions in relation to the rights of those caught up in the criminal justice system. The main ways the Act can be called upon is in issues surrounding arrest, detention, bail and delay before trial, but it can be drawn on also throughout a hearing or trial and at sentence.
The Act enshrines many long-held legal principles and embraces various declarations and United Nations conventions. The ACT and Victoria are the only jurisdictions in Australia that have enacted human rights legislation.
Right to Liberty and Security of Person
The Act declares that everyone has the right to liberty and security of person. No one may be arbitrarily arrested or detained, or deprived of liberty, except on the grounds and in accordance with procedures established by law.
Anyone arrested in the ACT must be told, at the time of arrest, of the reasons for the arrest and must be promptly told about any charges against them. Further, anyone arrested or detained on a criminal charge must be promptly brought before a judge or magistrate; and they have the right to be tried within a reasonable time or released. Anyone awaiting trial must not be detained in custody as a general rule, but their release may be subject to certain guarantees to appear.
Anyone who is deprived of their liberty by arrest or detention is entitled to apply to a court so that the court can decide, without delay, the lawfulness of the detention and order the person’s release if the detention is not lawful. Anyone who has been unlawfully arrested or detained has the right to compensation for the arrest or detention. No one can be imprisoned only because of the inability to carry out a contractual obligation.
Humane Treatment When Deprived of Liberty
Anyone deprived of liberty must be treated with humanity and with respect for the inherent dignity of the human person. An accused person must be segregated from convicted people, except in exceptional circumstances, and an accused child must also be segregated from accused adults. An accused person must be treated in a way that is “appropriate for a person who has not been convicted”.
Everyone has the right to have criminal charges decided by a competent, independent and impartial court or tribunal after a fair and public hearing (though the media and public may be excluded from all or part of some trials).
Rights in Criminal Proceedings
The Act enshrines one of the most basic principles of the law: everyone charged with a criminal offence has the right to be presumed innocent until proved guilty according to law.
Further, anyone charged with a criminal offence is entitled to the following minimum guarantees, equally with everyone else:
- to be told promptly and in detail, in a language that they understand, about the nature and reason for the charge;
- to have adequate time and facilities to prepare their defence and to communicate with lawyers or advisors chosen by them;
- to be tried without unreasonable delay;
- to be tried in person, and to defend themselves personally, or through legal assistance chosen by them;
- to be told, if they do not have legal assistance, about the right to legal assistance chosen by them;
- to have legal assistance provided to them, if the interests of justice require that the assistance be provided, and to have the legal assistance provided without payment if they cannot afford to pay for it;
- to examine prosecution witnesses, or have them examined, and to obtain the attendance and examination of witnesses on their behalf under the same conditions as prosecution witnesses;
- to have the free assistance of an interpreter if they cannot understand or speak the language used in court;
- not to be compelled to testify against themselves or to confess guilt.
A child who is charged with a criminal offence has the right to a procedure that takes account of the child’s age and the desirability of promoting the child’s rehabilitation.
Anyone convicted of a criminal offence has the right to have the conviction and sentence reviewed by a higher court in accordance with law.
Compensation for Wrongful Conviction
If a person’s conviction is reversed, or he or she is pardoned, on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person has the right to be compensated according to law.
However, this does not apply if it is proved that the nondisclosure of the unknown fact in time is completely or partly the person’s own doing.
Right Not to Be Tried or Punished More Than Once
No one may be tried or punished again for an offence for which he or she has already been finally convicted or acquitted in accordance with law.
Retrospective Criminal Laws
No one may be held guilty of a criminal offence because of conduct that was not a criminal offence under Territory law when it was engaged in.
A penalty may not be imposed on anyone for a criminal offence that is heavier than the penalty that applied to the offence when it was committed. If the penalty for an offence is reduced after anyone commits the offence, they benefit from the reduced penalty.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
The ACT Supreme Court is the highest court in the Australian Capital Territory. It hears serious criminal matters as well…
A criminal defendant in Canberra was recently acquitted of seven serious sex offences in a case run without a jury.…
The biggest question for anyone accused of a criminal offence is whether to plead guilty or not guilty. This decision…
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
91 North Quay
Brisbane QLD 4000
Nishi, 2 Phillip Law Street
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000