Wondering whether you have a right of appeal in relation to a control order?
Section 24 of the Crimes (Criminal Organisations Control) Act 2012 states that if you are the subject of a control order you may make an appeal to the Court of Appeal against a decision of a court to impose a control order.
Appeals must be lodged within 28 days of a decision being made to impose a control order, however in some situations the Court of Appeal may give leave for an extension.
If you decide to lodge an appeal, the Court of Appeal may either:
- Confirm, vary or reverse the decision to impose the control order;
- Make a consequential or ancillary order.
If you are considering lodging an appeal in relation to your control order, our criminal law experts can guide you through each step of the appeal process.
24 Right of appeal
(1) The Commissioner or the controlled member may appeal to the Court of Appeal against a decision of the Court in relation to the making of a control order.
(2) An appeal lies as of right on a question of law and with leave on a question of fact.
(3) An appeal as of right must be made within 28 days after the date on which the decision was made unless the Court of Appeal gives leave for it to be made after that time.
(4) The making of an appeal under this section does not affect the operation of the control order to which the appeal relates.
(5) On an appeal, the Court of Appeal may:
(a) confirm, vary or reverse the decision the subject of the appeal, and
(b) make any consequential or ancillary order.
You generally only get one chance at appealing the imposition of a control order, so it’s essential that you choose the best legal team to represent your case persuasively.
At Sydney Criminal Lawyers, we specialise in criminal law.
This means that we have an expert knowledge and understanding of criminal law, as well as your rights in relation to an appeal of a control order.
We are passionate about protecting your civil liberties and interests and will go above and beyond in fighting to have your control order revoked.
Our dedicated advocates will carefully examine all material in your case in order to identify any grounds of appeal.
We will then present a compelling argument in court in order to highlight the importance of revoking a control order.
We guarantee representation only by our senior criminal defence lawyers – highly experienced criminal defence advocates who are recognised by the courts as persuasive and dedicated lawyers.
Call us today on (02) 9261 8881 to find out more about how our criminal defence team can assist you in making a successful appeal.