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."
Extended Supervision Orders
In NSW, the Crimes (High Risk Offenders) Act 2006 creates provision for the state to apply to the Supreme Court for an extended supervision order, or continuing detention order for certain offenders. When a person has been sentenced to jail for a serious sex offence or a serious violence offence and they are nearing the end of the sentence, the state can apply to the court to have them made subject to a continuing detention order. Such an order may require them to remain in custody beyond the end of their sentence or to be subject to further supervision by the Parole Board, beyond the end of their sentence. This order will only be made if the person poses an unacceptable risk if not kept in detention.
When can such an application be made?
An application for a continuing detention order must be made at least nine months before the end of the offender’s sentence. The application cannot be made after this.
When will the court grant an application?
The court will not necessarily make a continuing detention order just because an application has been made.
The Supreme Court will only make an extended supervision order if satisfied ‘to a high degree of probability that the offender poses an unacceptable risk of committing another serious offence if not kept under supervision under the order’.
The court will only make a continuing detention order if satisfied to a high degree of probability that the person poses an unacceptable risk of committing another serious offence if not kept in detention under the order.
In determining whether it is satisfied with the above, there are certain things the court must consider. The community’s safety is the paramount consideration. There are a number of other considerations that the court must also have regard to, including:
• any reports or assessments that have been prepared in relation to the offender;
• any treatment or rehabilitation programs in which the offender had an opportunity to participate; and
• the offender’s criminal history.
Courts are generally more inclined to make an order where the offender:
• is a repeat offender;
• has previously re-offended soon after being released from custody;
• has committed a particularly heinous violence or a sexual offence;
• has refused to engage in any treatment for underlying conditions that relate to their offending.
What happens if the application is granted?
If the Supreme Court grants an application to make a continuing detention order, the offender will remain in custody until the end of that order, or until they are released on parole in accordance with that order.
If the Supreme Court grants an extended Supervision order, the person will be subject to supervision by the authorities for the period of the order. This may include particular requirements such as wearing an ankle bracelet, residing at a specified address, not going within a certain distance of a school or park, engaging in rehabilitation or not using illicit drugs.
Revocation Or Variation Of An Extended Detention Order
An application may be made to the Supreme Court to have an order varied or revoked. This application can be made by the state or by the person who is subject to the order.
The Supreme Court will review the grounds of the application and any evidence relied on. It will hear submissions from each party before deciding the application and determining whether to vary or revoke the extended detention order.
When an order is made, a party can appeal against the decision to make the order to the Court of Appeal. An appeal can be filed either by the person who is subject to the Extended Detention Order, or by the state.
There is an automatic right of appeal against any determination of the Supreme Court to make, or refuse to make, a continuing detention order (or an emergency detention order). The appeal can be based on a question of law, a question of fact or both.
If you require any information on extended supervision orders or any other legal matter call us on 1300 038 223 or send us an email.
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
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000