Section 36 Crimes (Criminal Organisations Control) Act 2012 | Offences to be Dealt with Summarily


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Have you been charged with an offence under the Crimes (Criminal Organisations Control) Act 2012?

Wondering which court your matter will be heard in?

Section 36 of the Act states that if you are charged with an offence under the Crimes (Criminal Organisations Control) Act 2012, your matter will be heard before a magistrate in the Local Court.

There are, however, exceptions to this rule – in these cases, your matter will usually be dealt with by a Judge in the District Court:

  • If you are charged with an offence under section 26(1A): Where you are alleged to be a controlled member of declared organisation and you allegedly associate with another controlled member of the declared organisation on 3 or more occasions within the space of 3 months;
  • If you are charged with an offence under section 26(1B): Where you are alleged to be a controlled member of a declared organisation and you allegedly associate with another controlled member of a declared organisation after being convicted of the above offence;
  • If you are charged with an offence under section 26A: Where you are alleged to be a controlled member of a declared organisation and you are alleged to have recruited another person to become a member of the organisation.

If you have been charged with an offence under the Crimes (Criminal Organisations Control) Act 2012, our expert lawyers can give you the best possible representation in court.

The Legislation

36 Proceedings for offences

Proceedings for an offence under this Act (other than an offence under section 26 (1A) or (1B) or 26A) are to be dealt with summarily before the Local Court.

Offences under section 26 (1A) or (1B) or 26A remain indictable offences. Chapter 5 of the Criminal Procedure Act 1986 enables those offences to be dealt with summarily following an election by the prosecutor or defendant.

Why Sydney Criminal Lawyers?

If you’ve been charged with an offence under the Crimes (Criminal Organisations Control) Act, it’s important to get the best possible legal team to represent you in court.

As a team that specialises in criminal law, our expert lawyers have the knowledge and skills to secure the best possible result in your case – no matter which court your case is heard in.

Our lawyers appear in court on a daily basis and are highly respected by magistrates and judges alike.

Our highly experienced advocates fight hard to protect our clients’ civil liberties in every matter, and can advise you of your possible options when it comes to avoiding a declaration or control order under the Act.

Call us today on (02) 9261 8881 to find out how we can help you achieve the best outcome in your matter.