If you have been made the subject of a control order, it’s important to be aware of your legal rights and obligations.
Section 21 contains requirements about the form of a control order.
It says that a control order must specify the person to whom it relates, and must contain a statement of the grounds upon which the order has been made.
It should also contain a statement as to the right to appeal the control order.
Furthermore, a copy of the affidavit verifying the grounds on which the order was made must be attached unless disclosure of the affidavit would be in breach of the law.
In these circumstances, an edited form of the affidavit may be provided.
It can be difficult to understand the formalities and procedures relating to the issuance of control orders, and if you are the subject of a control order it’s important to ensure that you have the assistance of an experienced criminal lawyer.
21 Form of control order
(1) A control order must:
(a) specify the person to whom it relates, and
(b) subject to subsection (2)-include a statement of the grounds on which the order has been made, and
(c) set out an explanation of the right of appeal under section 24.
(2) A statement of the grounds on which a control order has been made must not contain information that must not be disclosed in accordance with Part 3B.
(3) A copy of the affidavit verifying the grounds on which the order was made must be attached to the control order unless disclosure of information included in the affidavit would be in breach of Part 3B.
(4) If disclosure of information included in the affidavit would be in breach of Part 3B, an edited copy of the affidavit, from which the information that cannot be disclosed has been removed or erased, may be attached to the control order.
In order to effectively fight against the imposition of a control order, it’s necessary to be represented by the most experienced legal team.
At Sydney Criminal Lawyers®, our dedicated advocates are criminal law specialist who are passionate about defending civil liberties.
If you have had a control order imposed upon you, we can advise you as to whether it is compliant with the necessary form requirements.
Where possible, our criminal law specialists can assist you in applying to have the control order revoked.
We can also provide the best possible representation if you wish to make submissions in relation to the imposition of a control order at a hearing.
Regardless of your circumstances, our passionate advocates will fight hard to protect your rights and interests – so you can rest assured that you will achieve the best possible result in your matter.
Call us today on (02) 9261 8881 and speak to one of our expert criminal defence lawyers for more information.