I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
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."
Non-association orders and place-restriction orders are sentencing orders that allow courts to direct a defendant not to have contact with certain persons. They may be imposed as a condition of a good behaviour order or an intensive corrections order.
Section 21 of the Crimes (Sentencing) Act 2005 provides that a non-association order means an order prohibiting an offender from:
- being with a named person, or attempting to be with the person; or
- being with a named person or communicating in any way (including electronically) with the person, or attempting to be with the person or to communicate in any way (including electronically) with the person.
A place-restriction order means an order prohibiting an offender from being in, or within a stated distance of, a named place or area or attempting to be in, or within the stated distance, of the place or area.
When can the orders be made?
Section 23 of the Crimes (Sentencing) Act 2005 provides that non-association and place-restriction orders can be made if:
- the offence is a relevant offence (see below); and
- the court is satisfied that it is necessary and reasonable to make the order for 1 or more of the following purposes:
- preventing the offender from harassing anyone or endangering the safety or welfare of anyone;
- preventing the offender from committing further offences (including a relevant offence);
- assisting the offender to manage things that may make the offender more likely to commit further offences (including a relevant offence) if not managed.
A relevant offence is defined as:
- an offence against the Criminal Code 2002, part 4.1 (Property damage offences) that is punishable by imprisonment for 5 years or more; or
- an offence against the Criminal Code chapter 6 (Serious drug offences); or
- an offence against the Criminal Code chapter 7 (Administration of justice offences) that is punishable by imprisonment for 5 years or more; or
- an offence against the Firearms Act 1996 that is punishable by imprisonment for 20 years or more; or
- an offence against the Crimes Act 1900, section 114B (Money laundering); or
- a personal violence offence; or
- an offence prescribed by regulation.
A reference to an offence includes a reference to a related ancillary offence, such as attempting to commit or conspiring to commit any of the above offences.
The restriction imposed on the offender by a non-association order or place restriction order, and the period of the order, must not be unreasonably disproportionate to the purpose for which the order is made.
How long can an order run for?
Section 24 of the Crimes (Sentencing) Act 2005 provides that a non-association order or a place-restriction order must be made for a period not longer than:
- if the order is made with an Intensive Correction Order – 24 months; or
- in any other case – 12 months.
The order must state when it starts and the period for which it operates.
The period of a non-association order or place-restriction order is not limited by the term of any other sentence imposed for the offence for which the order is made.
Explanation and Notice of Orders
Section 25 of the Crimes (Sentencing) Act 2005 provides that if a court makes a non-association order or place-restriction order for the offender, the court must ensure that reasonable steps are taken to explain to the offender in general terms (and in language the offender can readily understand)—
- the nature of the order; and
- the offender’s obligations under the order; and
- the consequences if the offender breaches the obligations.
As soon as practicable after the court makes the non-association order or place-restriction order, the court must ensure that written notice of the order, together with a copy of the order, is given to the offender. For an offender under 18 years old, the notice and order must also be given to a parent or person with parental responsibility. However, failure to give written notice does not invalidate the non-association order or place-restriction order.
What if I breach the order?
A breach of a non-association or place-restriction order can be taken as a breach of the Intensive Correction Order or Good Behaviour Order under which it was made.
If that occurs, you can be arrested and taken to court, where you could be resentenced, potentially to a harsher outcome, including full-time imprisonment.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
Probation is a sentencing option commonly used by courts in the Australian Capital Territory for adult offenders. How do you…
In the Australian Capital Territory, laws give police wide powers to seize and confiscate, including powers over property that is…
Speeding offences in the Australian Capital Territory are governed by the Road Transport (General) Act 1999 and the Road Transport…
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
22 St Georges Terrace Perth