What to do if you receive a notice to attend a coercive hearing at the Australian Crime Commission in Brisbane
/What to do if you receive a notice to attend a coercive hearing at the Australian Crime Commission in Brisbane
Receiving a notice to attend a coercive hearing at the Australian Crime Commission (ACC) is daunting. It can be a complicated process and has significant risks and potentially severe outcomes for clients if advice is not received early. Here is what you should know.
When the ACC may issue a notice
The ACC may issue a notice for a coercive hearing when they are investigating serious and organised crime. This includes activities such as drug trafficking, money laundering, human trafficking, and other significant criminal operations. These hearings gather crucial information and evidence that might not be obtainable through traditional policing methods
Difference between the ACC and CCC
The Australian Crime Commission (ACC) and the Crime and Corruption Commission (CCC) are similar but serve different functions:
ACC: focuses on investigating serious and organised crime at a national level, using coercive hearings to gather critical information. There may also be an international element to the investigation, such as trafficking in a border-controlled drug.
CCC: primarily deals with corruption and major crime within Queensland, including misconduct within public sectors.
Consequences of not attending a coercive hearing
Failing to attend a coercive hearing when issued with a notice by the ACC can lead to severe consequences, including imprisonment.
Understanding a coercive hearing
A coercive hearing is an investigative tool used by the ACC to gather information about serious and organised crime. Generally, the person is compelled to answer questions and may face significant penalties including imprisonment if they do not answer a question.
Steps to take
Seek legal advice immediately
Contact an experienced criminal defence lawyer. Early legal intervention is crucial to ensure your rights are protected and to prepare you for the hearing.
Understand your obligations
You are legally required to attend the hearing and answer questions. Failing to comply can result in severe penalties, including imprisonment.
Preparation
Read the notice carefully, including the scope of the questions, any time periods they are interested in, and any documents or other material to bring.
We will help you understand the scope of the hearing, what to expect, and how to respond to questions.
Legal protections
While you must answer questions, there are certain legal protections in place. For instance, there are certain privileges which can be claimed such as the privilege against self-incrimination. This means that by claiming this privilege, the use of your answer will be limited and may not be used against you in certain other proceedings such as criminal or confiscation proceedings.
However, there are other ways information can be elicited form you to gather admissible evidence. We will discuss risks with you, specific to your case, and how to reduce those risks.
Confidentiality
The proceedings are confidential. Discussing not only the contents of the hearing can be a criminal offence, but the existence of the notice should also not be discussed with anyone except a lawyer.
How we can help
We are a Brisbane criminal law firm, experienced in advising and representing clients at coercive hearings. Our experienced criminal lawyers will:
Provide legal advice specific to your situation.
Advise strategic options to minimise risk.
Guide you through the process, from preparation to the hearing.
Ensure your legal rights are protected.
Contact us
If you have received a notice to attend a coercive hearing, contact us immediately. Our experienced team is here to provide the support and representation you need during this challenging time.
