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."
Community Corrections Orders (CCO)
The Crimes (Sentencing Procedure) Act 1999 is to be amended on 24 September 2018, introducing new sentencing options, among them will be Community Corrections Orders (CCO) which will replace both Community Service Orders and Sections 9 Good Behaviour Bonds.
A CCO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the CCO. Additional conditions may be imposed at the discretion of the court, both at the time of sentence and subsequently upon application by a community corrections officer, juvenile justice officer or the offender. In order to be eligible for a condition to do community service work a person will have to be assessed by an officer of the Community Correction Service as suitable to be subject to such a condition.
Part 7 of the Crimes (Sentencing Procedure) Act 1999 is where this type of penalty will be found.
- Section 85 (2) states that CCOs will be available for a term of up to 3 years
- Section 87 states that a CCO is subject to the following conditions:
- Standard conditions imposed by the sentencing court under section 88,
- Any additional conditions imposed by the sentencing court under section 89,
- Any further conditions imposed by the sentencing court under section 90.
Section 88 (2) outlines the standard conditions which must be imposed on a CCO
The standard conditions of a community correction order are the following:
- A condition that the offender must not commit any offence,
- A condition that the offender must appear before the court if called on to do so at any time during the term of the community correction order.
Section 89 (2) outlines the additional conditions that may be imposed by the sentencing court. An application can be made by community corrections officer or juvenile justice officer or the offender to have the following conditions imposed on the CCO:
The additional conditions of a community correction order that are available to be imposed are the following conditions:
- A curfew condition imposing a specified curfew (not exceeding 12 hours in any period of 24 hours),
- A community service work condition requiring the performance of community service work for a specified number of hours (not exceeding 500 hours),
- 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 or drugs or both,
- A non-association condition prohibiting association with particular persons,
- 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, except as provided by subparagraph (ii) or (iii), 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, or
- If the offender was under the age of 18 years when the condition was imposed but has since reached that age, by a juvenile justice officer where the officer chooses to continue supervision.
Conditions which must not be imposed
Section 89 (3) outlines conditions which must not be imposed on a CCO
- An additional condition of any of the following kinds must not be imposed on a community correction order:
- A home detention condition,
- An electronic monitoring condition,
- A curfew condition imposing a curfew exceeding 12 hours in any period of 24 hours.
- The sentencing court must not impose a community service work condition on a community correction order unless an assessment report states that the offender is suitable to be the subject of such a condition.
- The sentencing court may limit the period during which an additional condition on a community correction order is in force.
Section 90 states that the court has a discretion to impose further conditions, so long as they are not inconsistent with the standard conditions or any additional conditions.
- The sentencing court may at the time of sentence, or subsequently on the application of a community corrections officer or juvenile justice officer or the offender:
- Impose further conditions on a community correction order, or
- Vary or revoke any such further conditions imposed by it on a community correction order.
- This section does not permit the sentencing court to impose any further conditions, or vary any such further conditions, if the conditions as imposed or varied:
- Would be inconsistent with:
- Any of the standard conditions of a community correction order, or
- Any of the additional conditions (whether or not actually imposed on the community service order) referred to in section 89 (2), or (b) would not be permitted under section 89 (3).
- Would be inconsistent with:
- The sentencing court may limit the period during which a further condition on a community correction order is in force.
Is a CCO a conviction and will I have a criminal record?
If a person is sentenced to CCO, then they are convicted of that offence, and it will appear on their criminal record.
Transition into the new scheme
Existing Community Service Orders and Section 9 bonds will be converted into CCOs.
If you require legal advice or representation 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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