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."
Are Handcuffs Illegal?
In New South Wales, handcuffs are classed as prohibited weapons, and it is illegal to possess them without a permit. Their use is regulated by the Weapons Prohibition Act 1998 NSW and the Weapons Prohibition Regulation 2017 NSW.
Schedule 1 clause 4(2) of the Act defines handcuffs (including thumb and leg cuffs) as:
“a set of ring-shaped shackles of any material (and connected by any means) that are designed to be worn on the wrists, thumbs or ankles (as the case requires), but not including—
(a) antique handcuffs, or
(b) handcuffs produced and identified as children’s toys, or
(c) handcuffs that are designed to be released by the wearer (such as handcuffs used in theatrical productions).”
An example of a general permit is one issued to a security firm, which may need to buy, possess and use handcuffs in approved security activities. Such activities include patrolling, protecting, watching or guarding cash or infrastructure such as airports. It is illegal for handcuffs to be carried by security officers when conducting crowd control, private investigations or debt collections. The security firm would need to provide evidence of safety training for handcuffs before a permit was issued.
A weapons dealer permit allows the holder to possess, buy sell and make prohibited weapons, but only in the course of carrying on a business and at a specified location.
A theatrical weapons armourer permit allows the holder to possess, use, buy, sell and make prohibited weapons, as well as supervise and train people in film, television or theatre in how to use them.
Under Section 10, in deciding to grant a permit, the Commissioner must be satisfied the applicant:
- “is a fit and proper person and can be trusted to have possession of prohibited weapons without danger to public safety or to the peace”;
- has completed appropriate training and safety courses;
- can meet storage and safety requirements.
A permit must not be issued to a person who:
- has been convicted of certain offences within the past 10 years;
- is or has been subject to an apprehended violence order within the past 10 years;
- is subject to a good behaviour bond, community correction order, conditional release or weapons prohibition order;
- is a registrable person under the Child Protection (Offenders Registration) Act 2000.
- the Commissioner deems a risk to public safety.
Possession of handcuffs illegal without a genuine reason
Under Section 11, an applicant needs to have a genuine reason for possessing or using the prohibited weapon. Those reasons include for recreation/sport, business/employment, animal management, or a weapons collection.
A permit is issued for a maximum five years and requires payment of a fee of $127.
It is illegal for a person to buy or sell handcuffs unless they have a permit. A seller needs to have seen a buyer’s permit or know the buyer is an authorised weapons dealer before making a sale.
Under Section 18, the Commissioner can suspend or revoke a permit for several reasons, including if the permit holder:
- is charged with a domestic violence offence;
- becomes the subject of an apprehended violence order or weapons prohibition order;
- supplied false or misleading information in their permit application;
- is no longer considered by the Commissioner to be a fit and proper person to hold a permit.
Safekeeping of handcuffs
A person who possesses handcuffs make take all reasonable precautions to ensure they are kept safely, they are not lost or stolen, and they do not come into the possession of an unauthorised person.
Unauthorised possession or use of prohibited weapon carries a maximum penalty of 14 years jail.
Under Section 7 a person will also be guilty of an offence if they possess or use a prohibited weapon for a purpose contrary to the genuine reason for possessing or using it, or if they contravene any condition of the permit.
For advice on any legal matter, please contact Armstrong Legal.
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?
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