ACT Criminal Law
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NSW Criminal Law
QLD Criminal Law
VIC Criminal Law
WA Criminal Law
With a cramped time frame, she did in 3 days what another firm dilly-dallied for 7 months. Lisa kept me informed. Helena made me feel comfortable in a sticky situation.
I will definitely be using your company in the future if needed. Lisa kept me at ease also there were no grey areas with great advice. Helana is a great front of house.
My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
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
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."
Appearing Before a Commission
Commissions are investigative bodies created by the state with the purpose of investigating matters or issues of public concern and making findings. In Australia, there are commissions which focus on investigating crime and they have been given significant statutory powers to enable them to do this.
The NSW Crime Commission, Australian Crime Commission, Independent Commission Against Corruption (ICAC), and Law Enforcement Conduct Commission (LECC) (formerly the Police Integrity Commission) are the primary commissions focused on investigating criminal matters. Royal Commissions can also be convened to investigate criminal matters.
One of the powers given to commissions is to compel a person to appear before the commission for a hearing to give evidence or to produce documents or things.
At the hearing, the person may be cross-examined at length about the criminal matter being investigated. The person’s answers may tend to incriminate the person, or other people, and the commission may refer people to the Office of the Director of Public Prosecutions for consideration as to whether criminal proceedings should be commenced. As such it is very important to get legal advice prior to appearing before a commission.
A person who is summonsed to appear before a commission is usually prohibited from discussing their required attendance, appearance at the commission or the content of the hearing with anyone except a lawyer.
Can I Be Forced To Attend?
If the NSW Crime Commission, Australian Crime Commission, Independent Commission Against Corruption, a Royal Commission or the NSW Law Enforcement Conduct Commission summonses a person to give evidence, they are required to attend.
With the exception of the Australian Crime Commission, if a person who has been summonsed does not attend, the Commissioner (or in the case of a Royal Commission the President, Chair or Commissioner) may issue a warrant for that person’s arrest. The person may be arrested and detained for the purpose of being brought before the Commission. A person who is arrested may be released conditionally by the Commissioner (similar to being released on bail), or may be detained until the hearing. A person who is not released pending the hearing may apply to the Supreme Court for the review of that decision. The Supreme Court may affirm the decision to refuse release or may set aside the decision allowing the person to be released.
The Supreme Court can also review any conditions imposed by the commission upon releasing a person under the warrant.
Failing To Attend
If you fail to attend a Commission when you have been summoned to give evidence, you may be charged with an offence. The penalties vary depending on what commission you were called before. Some of these are listed below.
- Royal Commission: two years imprisonment as per Section 3.1 of the Royal Commissions Act 1902 (Cth).
- Australian Crime Commission: 200 penalty units or five years imprisonment as per Section 30 of the Australian Crime Commission Act 2002 (Cth).
- NSW Crime Commission: 20 penalty units and/or 2 years imprisonment as per Section 25 of the Crime Commission Act 2012 (NSW).
- Independent Commission Against Corruption (ICAC): 20 penalty units and/or two years imprisonment as per Section 86 of the Independent Commission Against Corruption Act 1988 (NSW).
- Law Enforcement Conduct Commission: 20 penalty units and/or two years imprisonment as per Section 150 of the Law Enforcement Conduct Commissions Act 2016(NSW).
If you are called before a commission of inquiry you may be required to produce documents. Failure to do so may amount to an offence for which the penalties vary depending on the commission. The penalties and provisions are outlined below:
- Royal Commission: 2 years imprisonment as per Section 3.2 of the Royal Commissions Act 1902 (Cth).
- Australian Crime Commission: 5 years imprisonment and/or 200 penalty units as per Section 21A of the Australian Crime Commission Act 2002 (Cth).
- NSW Crime Commission: 2 years imprisonment and/or 20 penalty units as per Section 25 of the Crime Commission Act 2012 (NSW).
- Independent Commission Against Corruption: 6 months imprisonment and/or 20 penalty units as per Section 83 of the Independent Commission Against Corruption Act 1988 (NSW).
- Law Enforcement Conduct Commission: 2 years imprisonment and/or 100 penalty units as per Section 152.1 of the Law Enforcement Conduct Commission Act 2016 (NSW).
If a person is required to attend a hearing before a commission they will be asked to answer questions. It is a criminal offence to provide false or misleading evidence. In some cases, the person may be able to object to answering certain questions, or a lawyer appearing on their behalf may be able to object to questions. However, this will depend on the commission and the question asked. A person required to attend a hearing is, generally speaking, not able to exercise a right to silence and is compelled to answer questions according to Section 39 of the Crime Commission Act 2012 (NSW).
The offences and maximum penalties for giving false or misleading evidence at a commission are outlined below:
- Royal Commission: 5 years imprisonment or 200 penalty units as per Section 6H of the Royal Commissions Act 1902 (Cth).
- Australian Crime Commission: 5 years imprisonment or 200 penalty units as per Section 33.2 of the Australian Crime Commission Act 2002 (Cth).
- NSW Crime Commission: 5 years imprisonment and/or 500 penalty units as per Section 27.2 of the Crime Commission Act 2012 (NSW).
- Independent Commission Against Corruption (ICAC): 5 years imprisonment and/or 200 penalty units as per Section 87.1 of the Independent Commission Against Corruption Act 1988 (NSW).
- Law Enforcement Conduct Commission: 5 years imprisonment and/or 200 penalty units.
Non-Disclosure Of Evidence
When a person is required to appear before a commission they must not disclose any information about it to any other person, except their lawyer. They cannot tell anyone they are required to appear before the Commission, let alone what the hearing is about or what questions they are asked at the hearing.
The penalties for releasing answers, documents or any other information related to the commission hearing are serious and are outlined below.
- Royal Commission: 12 months imprisonment and/or 20 penalty units as per Section 60H of the Royal Commissions Act 1902 (Cth).
- Australian Crime Commission: 2 years imprisonment and/or 120 penalty units as per Section 21C of the Australian Crime Commission Act 2002 (Cth).
- NSW Crime Commission: 2 years imprisonment and/or 100 penalty units as per Section 45 of the Crime Commission Act 2012 (NSW).
- Independent Commission Against Corruption (ICAC): 12 months imprisonment and/or 50 penalty units as per Section 114 of the Independent Commission Against Corruption Act 1988 (NSW).
- Law Enforcement Conduct Commission: 12 months imprisonment and/or 50 penalty units as per Section 176 of the Law Enforcement Conduct Commission Act 2016 (NSW).
If you require any information on appearing before a commission or any other legal matter, please contact Armstrong Legal.
The Australian Criminal Intelligence Commission (ACIC) is Australia’s national criminal intelligence agency. It was formed when the Australian Crime Commission and CrimTrac…
Each commission is different and what happens in a commission hearing may differ from one commission to another. Hearings are…
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