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."
Crime and Corruption Commission
The Crime and Corruption Act 2001 creates a body known as the Crime and Corruption Commission (CCC), whose task is “to combat and reduce the incidence of major crime and to reduce the incidence of corruption in the public sector”.
The CCC has wide-ranging powers to investigate matters which fall within its ambit, whether because the case involves corruption in public office (the investigation and prosecution of which is a key responsibility of the CCC) or because a secondary body, known as the Crime Reference Committee, asks it to investigate a particular matter.
Once the CCC becomes involved in an investigation it is empowered to exercise some unique powers, including compulsory secret (that is, not open to the public) examinations which a person can be required to attend and at which they must answer questions on oath.
In most circumstances, when a person is subjected to an overt CCC investigation they are entitled to obtain legal advice and/or be legally represented (in the case of, for example, a compulsory hearing). The CCC also has a range of covert investigative powers which, naturally, do not carry any entitlement to legal representation because of their secretive nature.
This part of our website outlines the major powers that the CCC can, and commonly does, exercise and the criminal penalties which can be imposed under them. If you have been spoken to by the CCC, and in particular if you are the subject of a requirement to produce a document or attend a hearing, you should consult an experienced criminal lawyer before you say or do anything.
Compulsory hearings are governed by the Act. The Crime and Corruption Commission (“CCC”) may authorise the holding of a hearing in relation to any matter relevant to the performance of its functions.
Hearings are not open to the public unless the CCC considers it appropriate under certain criteria.
Who May be Present at Closed Hearings?
Section 179 of the Act states:
- The presiding officer conducting a closed hearing may give a direction about who may be present at the hearing.
- A person must not knowingly contravene a direction under subsection (1).
Maximum penalty – 85 penalty units or 1 year’s imprisonment.
Conduct of Hearings
Section 180 of the Act states:
- When conducting a hearing, the presiding officer:
- must act quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before the presiding officer; and
- is not bound by the rules of evidence; and
- may inform himself or herself of anything in the way he or she considers appropriate; and
- may decide the procedures to be followed for the hearing.
Legal Representation and Examination
A witness at a commission hearing may be legally represented. Witnesses may be examined, cross-examined and re-examined on any matter the presiding officer considers relevant.
Refusing to comply with aspects of the hearing will result in the witness committing offences unless the person has a reasonable excuse.
Such offences are as follows:
- Refusal to take oath or affirmation – A person attending at a commission hearing to give sworn evidence must not fail to take an oath or affirmation when required by the presiding officer.
- Refusal to answer questions – A witness at a commission hearing must answer a question put to the person at the hearing by the presiding officer, unless the person has a reasonable excuse.
- Refusal to produce – If a person is required to produce a stated document or thing, the person must bring the document or thing to the hearing, and, produce the document or thing.
The maximum penalties for each of the offences are 200 penalty units or 5 years imprisonment
Reasonable excuse is not defined under the Act but can include certain privileges such as self-incrimination.
Under section 194 of the Act, if a person claims to have a reasonable excuse for not complying with a requirement to answer a question or produce a document, the presiding officer will decide whether that claim is justified.
Notice to Produce
The CCC has the power to order a person to produce a particular document by serving that person with a “Notice to Produce”.
Section 74 of the Act governs the power of the CCC to serve a Notice to Produce in limited circumstances.
- This section applies only for:
- A crime investigation;
- A specific intelligence operation (crime);
- The witness protection function.
The Act requires the notice to state a “specific document or thing”, reducing the power of the CCC to conduct a fishing exercise by casting a wide net in the hope of finding incriminating material.
It also requires the chairperson to believe, on reasonable grounds, that the particular document is relevant to the investigation, operation or witness protection function. This places further demands on the chairperson to ensure the serving of the notice is relevant and required in the circumstances.
The maximum penalty for not complying with the Notice to Produce is 85 penalty units or 1 year imprisonment.
Possible defences for failing to comply with a notice to produce
Specific defences for non-compliance are provided in the following subsections.
(5) The person must comply with the Notice to Produce, unless the person has a reasonable excuse.
(7) A person who fails to comply with a notice does not commit an offence if the document or thing is subject to privilege.
Which court will hear my matter?
This charge will ordinarily be heard and determined in a Magistrates, or Local Court, though on some rare occasions a charge will be brought before the Federal Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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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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