An Apprehended Violence Order (AVO) is a restraining order enforced by the Crimes (domestic and personal Violence) Act 2007 (NSW). The purpose of an AVO is to protect a person from apparent or actual acts of: violence, stalking, intimidation or harassment. The court may on application make an AVO if it satisfied that on the balance […]Continue reading
The prevalence of drug possession at festivals has become a more common occurrence. In response police are often patrolling at events, sometimes with the assistance of drug detection dogs. The law that regulates drug possession in New South Wales is the Drug misuse and Trafficking Act 1985 (NSW). Possessing a prohibited drug is an offence […]Continue reading
On the 13th of August, Sydney was rocked by what appeared to be a lone wolf style terrorist attack. Mert Ney was subsequently detained by civilians with a milk crate in what some describe as a citizens arrest of sorts. It’s been reported that Ney will defend the charges he is faced with under mental […]Continue reading
Proceeds of Crime Freezing Orders A Freezing Order is a Magistrate issued order that a financial institution not allow a withdrawal from an account with the institution if there are reasonable grounds to suspect (broadly) that the balance of the account is proceeds of an indictable offence, or is wholly or partly an instrument of […]Continue reading
Restraining Orders The purpose of Restraining Orders is to restrain property to prevent its dissipation until the conclusion of the proceedings which usually occurs at forfeiture. POCA restraint can occur without a criminal conviction and/or without a criminal charge. Generally POCA action will commence though when a suspect has been charged as it is then […]Continue reading
Restraining Orders relating to people convicted of or charged with indictable offences – s 17 This Restraining Order allows the restraint of property of a person whom has been convicted of, charged with, or it is proposed that they be charged with an indictable offence.[1] An authorised officer will need to depose that the officer […]Continue reading
Restraining Orders relating to people suspected of committing serious offences – s 18 This Restraining Order allows the restraint of property of a person whom it is suspected has committed a serious offence.[1] The fundamental difference between s18 and s 17 Restraining Orders is that s 17 applies to indictable offences, whereas s 18 applies […]Continue reading
Restraining Orders relating to property (in rem) suspected of being proceeds of indictable offences – s 19 This Restraining Order allows the restraint of property where there are reasonable grounds for suspecting the property is the proceeds of an indictable offence inter alia,[1] or an instrument of a serious offence. Generally, proceeds of an offence […]Continue reading
Restraining Orders relating to literary proceeds from indictable offences – s 20 This Restraining Order allows the restraint of property of a person where there are reasonable grounds to suspect that a person has committed an indictable offence and the person has derived literary proceeds[1] in relation to the offence. Literary proceeds are any benefit […]Continue reading
Restraining Orders relating to unexplained wealth – s 20A Restraining Orders pertaining to unexplained wealth were introduced via the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010 (Cth). The unique element of unexplained wealth orders is that there are reasonable grounds to suspect that a person’s total wealth exceeds the value of the person’s […]Continue reading
