One of the most controversial measures in the Crimes (Criminal Organisations Control) Act 2012 is the power of the court to issue an interim control order relating to an individual at the request of the Police Commissioner.
An interim control order is a court order which can impose broad restrictions on an individual’s liberties – for example, it may prevent a person from associating with certain people, taking part in certain activities, and travelling to certain places.
They generally precede the issue of a control order.
Under section 14 of the Crimes (Criminal Organisation Control) Act 2012, a Court may make an interim control order at the application of the Commissioner.
Section 14 says that any application must be supported by an affidavit by the Commissioner, or an affidavit by senior police officers.
A court is only able to make an interim control order if it is satisfied that the application and any supporting information indicate that:
- The person is a member of a declared organisation
- Is, or purports to be a former member of a declared organisation but there is evidence to suggest that they have an ongoing involvement with that organisation and its activities
The Court must also be satisfied that there are sufficient grounds for making the control order.
Being the subject of an interim control order can be a confronting and distressing experience, but with an experienced criminal defence lawyer on your side, you can rest assured that you are getting the best possible result.
14 Court may make interim control order
(1) The Court may, on application by the Commissioner, make an interim control order relating to one or more persons specified in the application pending the hearing and final determination of an application for a control order confirming (or confirming with variations) the interim control order.
(2) The grounds of the application must be supported by an affidavit from the Commissioner, or affidavits from one or more other senior police officers, verifying the contents of the application.
(3) The Court is to make an interim control order in relation to a person if it is satisfied that the application and any further information supplied by the Commissioner satisfy the requirements under section 19 (1) for making a control order in relation to the person.
(4) The interim control order may be made in the absence of, and without notice to, the person in relation to whom the order is to be made (or the person’s representatives).
(5) If the Court makes an interim control order, it must fix the date on which, and the time at which, the hearing of the application for a control order in relation to the person is to be heard.
An interim control order can impose onerous restrictions on your movements and ability to live your life as you please.
They are also a first step before a control order is imposed, which can have a more permanent impact on your life.
It’s therefore important to ensure that you have a capable and knowledgeable lawyer on your side who can advise you of your rights and obligations, as well as any positive steps that you can take to fight the charges.
At Sydney Criminal Lawyers®, we are passionate about protecting our clients civil liberties.
Our criminal law specialists go above and beyond in ensuring that our clients receive the best possible legal representation.
We can advise you of the implications of an interim control order, as well as your rights when it comes to lodging an appeal against the order.
So get the ball rolling – give us a call today on (02) 9261 8881 and speak to one of our criminal law specialists about how to protect your rights.