Has a group or organisation that you belong to been made the subject of a declaration under the Crimes (Criminal Organisations Control) Act 2012?
If so, you may be wondering whether there is any way to appeal the declaration under the law.
Section 13 provides a right to appeal a decision to declare an organisation a ‘criminal organisation.’
A member of a declared organisation may lodge an appeal with a higher court in relation to these decisions.
However, the Commissioner of Police also has the power to appeal a decision to revoke a declaration.
Appeals must be lodged within 28 days of the decision to declare an organisation a ‘criminal organisation.’
A Court of Appeal can then either confirm, vary or reverse the declaration.
13 Right of appeal
(1) Section 24 applies to a decision of the Court under this Part in the same way it applies to a decision of the Court in relation to the making of a control order.
(2) In that case, a reference to a controlled member is taken to be a reference to a declared organisation.
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 a declaration, so it’s important to ensure that you are being represented by the most capable defence team.
At Sydney Criminal Lawyers, our dedicated advocates are passionate supporters of civil liberties and rights and will go above and beyond to ensure that you receive the best possible outcome in your matter.
Our lawyers will assist you in understanding the best course of action when it comes to appealing your declaration and can help you obtain any evidence or supporting documentation to maximise your chances of success.
We will fight hard in court to have the declaration overturned or revoked and will enlist the help of Sydney’s best criminal defence barristers where necessary.
Our dedication to secure the best possible result in these matters coupled with our expert understanding of criminal law sets us apart from other lawyers when it comes to winning complex appeals.
So get the ball rolling – give us a call today on (02) 9261 8881 and speak to one of our criminal defence experts about how you can win your appeal.