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."
Conditional Release Order (CRO)
A Conditional Release Order (CRO) is a sentencing order that was introduced on 24 September 2018. A CRO is very similar to a good behaviour bond. CROs have standard conditions that apply, which are detailed below. The court can impose additional conditions; however, the court cannot impose a fine or community service in addition to, or as part of, the order.
When deciding whether to make a CRO, a court is required to consider:
- the person’s character, age, health and mental condition;
- whether the offence is of a trivial nature;
- the extenuating circumstances in which the offence was committed;
- any other matter that the court thinks proper to consider.
A CRO can be made for a maximum period of 2 years.
The standard conditions of a conditional release order are the following:
- the offender must not commit any offence; and
- the offender must appear before the court if called on to do so at any time during the term of the order.
Additional conditions may be imposed on a CRO by the sentencing court at the time the sentence is passed or later, on the application of a community corrections officer, juvenile justice officer or the offender.
The additional conditions that may be imposed include:
- a rehabilitation or treatment condition requiring the offender to participate in a rehabilitation program or to receive treatment;
- an abstention condition requiring abstention from alcohol and/or drugs;
- a non-association condition prohibiting association with a particular person(s);
- a place restriction condition prohibiting the frequenting of or visits to a particular place or area;
- a supervision condition requiring the offender to submit to supervision—
- by a community corrections officer, or
- if the offender was under the age of 18 years when the condition was imposed, by a juvenile justice officer until the offender has reached that age.
Conditions which must not be imposed
An additional condition of any of the following kinds must not be imposed on a CRO:
- a home detention condition;
- an electronic monitoring condition;
- a curfew condition;
- a community service work condition.
The sentencing court may limit the period during which an additional condition on a CRO is in force.
The sentencing court cannot impose a fine as well as a conditional release order.
A court has the discretion to impose further conditions, so long as they are not inconsistent with the standard conditions or any additional conditions. This can be done when the court passes sentence, or subsequently on the application of a community corrections officer, juvenile justice officer or the offender.
Such further conditions may include:
- a condition requiring the offender to comply with the conditions of any apprehended violence order;
- a condition requiring the offender to pay compensation for any damage caused in relation to the offence; or
- a condition requiring the offender not to commit any traffic offences (although it is noted that some Magistrates and Judges differ in their view as to whether such an order is, or isn’t, appropriate).
Is a CRO a conviction and will I have a criminal record?
A person may be sentenced to a CRO with or without a criminal conviction being recorded. A CRO without conviction is commonly referred to as a section 10.
Generally speaking, a conviction will be recorded unless the sentencing court is persuaded there are good reasons for not doing so. What may, or may not be, good reasons for not recording a conviction will depend on the case and circumstances of the offender. Just because a person has never been before a court previously does not mean they will not be convicted. A Magistrate or Judge will assess all the relevant circumstances before making a determination. Some examples of where a person may get the benefit of a CRO without conviction might include:
- A person charged with Drive with Low Range Prescribed Concentration of Alcohol who blew 0.051, has been driving for 30+ years with only one low-level speeding ticket on their record;
- An 18-year-old who was found in possession of a very small amount of cannabis who engaged in and completed drug counselling and rehabilitation prior to sentence; or
- A single mother of three kids with no immediate family support in Australia who, when caught shoplifting bread and milk, was extremely remorseful and showed police that she had only $0.63 in her bank account at the time.
If a conviction is not recorded, the finding of guilt will still be formally recorded. In practice, this means the offence and CRO may appear on a criminal record for the duration of the order. After the order is finished, it should not appear.
Orders made prior to 24 September 2018
Where a person was sentenced to a good behaviour bond (with or without conviction) prior to 24 September 2018, that bond was automatically converted to a CRO (with or without conviction, correspondingly).
If you require legal advice in relation to CROs or in 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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