Police officer failing to explain a continued preventative detention order is an offence under section 105.45(a)(b)(ii) of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
Section 105.29(1) requires police officers who detain a person under a continued preventative detention order to explain all of the following matters to the detained person:
Duress, self-defence and necessity are legal defences to the charge.
After getting advice from another firm that didn't sit right with me, I reached out…
I strongly recommend James Clement who delivered an outstanding outcome on my appeal case. His…
I want to express my sincere gratitude for the exceptional legal representation provided by Rachel…
Tandy genuinely changed my life! Would recommend her to anyone.