CCC Lawyers
Have you been contacted by the CCC?
If the CCC contacts you about a crime or corruption complaint, it is important to immediately seek legal advice. One of the purposes of their investigation will be to determine whether you should be charged with a criminal offence or face disciplinary action. Both consequences are serious. Early advice and legal representation from top criminal lawyers will affect the outcome of your case.
For prompt legal advice, call us on (07) 3012 6531.
What is the CCC?
The Crime and Corruption Commission (CCC), operates in the public sector of Queensland to investigate and reduce major crime and corruption.
The CCC has special powers of investigation including search, surveillance, and seizure powers. They can also conduct hearings compelling persons to attend and give evidence and product documents and other material.
Areas of CCC investigations
Our CCC lawyers have experience in representing clients being investigated by the CCC. The CCC usually investigates major criminal offences including:
Money laundering;
Drug trafficking;
Fraud;
Homicide;
Organised crime;
Corruption
If you have been issued with a notice by the CCC requiring your attendance at an investigative hearing (coercive hearing), you should not discuss the notice with anyone, except for your legal representative. It is a criminal offence to discuss the notice with anyone other than your lawyer. These hearings are secretive and complicated, and depart from the usual procedural requirements of most court proceedings. It is crucial to seek early advice from an experienced CCC lawyer to protect your interests.
How can a lawyer help at a coercive hearing?
Before attending a hearing, our law firm can give you advice about your rights, obligations, and legal options. We will take the time to understand your background and the circumstances leading to the CCC investigation so that we can give you specific legal advice before you face the crime and corruption committee. We will take a detailed statement from you so that we understand your facts. This process is confidential.
Our role is to also ensure that the hearing is conducted according to the law and that you understand your rights in preserving any claims for privilege.
During the hearing, we will:
Make sure that the questions are fair and understandable;
Seek breaks on your behalf as necessary to give advice;
Ensuring the questions asked are within the scope of the notice;
Conduct re-examination if there is an answer which needs to be clarified for the record.
What happens at the coercive hearing?
The hearing takes place in a private setting similar to that of a courtroom. However, it is closed and private. Persons in the room include the presiding officer, you and your lawyer, counsel assisting the hearing, and the police.
The presiding officer is similar to that of a Judge and sits in the middle. However, their function is not to make any finding. They are to ensure that the hearing is conducted according to the law. The purpose of the hearing is to find the truth.
At the commencement of the hearing, you will be asked to take an oath or affirmation before answering any questions. The presiding officer will then explain the laws relating to the hearing.
Counsel assisting will start by asking you questions. Throughout this process you are allowed comfort breaks or to speak to your lawyer. Questioning can be short and take a few minutes, or it can be lengthy and take a few days.
If you are found guilty of misconduct the resolution of this may be:
Discipline from an employer
A change in organisational processes to reduce corruption
Or even punishment for a crime
Although the CCC is unable to directly punish, the commission has the power to conduct coercive hearings. If you are called as a witness, any refusal to cooperate could result in an offence and imprisonment.
Prior to the investigative hearing, our lawyers can liaise with the counsel assisting or presiding officer to find out what evidence and instructions will be required to prepare you for your CCC hearing. Keep in mind that even throughout the investigative hearings you are also allowed to confer with your legal representative.
Ultimately, if you are involved with a CCC investigation in any capacity, seek immediate legal advice. Contact our lawyers today.
Common Questions
DO I HAVE TO ANSWER QUESTIONS?
Essentially, yes. One of the features of a coercive hearing is that the CCC can require you to answer questions. This is contrary to the usual right to silence. You may be committing a criminal offence if you refuse to give evidence or answer questions. Failing to answer questions can result in actual imprisonment.
This includes answering questions which may incriminate you. That is, your answers may be admission to a criminal offence.
Bear in mind that the CCC may ask you questions which they already know the answer to. They may have also tapped your phone or have you on surveillance doing or saying something, and should your answer be contrary to the evidence, they may play the evidence. They do not have to reveal to you beforehand what evidence they may have already gathered.
However, our lawyers can advise whether you should claim a blanket immunity at the start of the proceedings before answering any questions. This means that whilst you must answer questions, the answers cannot be used against you before a criminal court if you are later charged (except if you are charged with perjury in relation to your answer/s at the hearing).
However, there may be other consequences of the answer such as giving the CCC or the police information about where they may be able to locate admissible evidence against you.
On the other hand, do not be afraid to say that you do not remember or do not understand the question, if this is true. You should make sure that you 100% understand the question before you give any answers.
There are serious and practical considerations with a CCC hearing. Our experienced CCC lawyers will discuss these with you as part of advising your options.
Ultimately, if you are involved with a CCC investigation in any capacity, seek immediate legal advice. Contact our lawyers today.
WHO DOES THE CCC INVOLVE TO FIGHT CRIME?
Lawyers
Police
Forensic computer experts
Investigators
Surveillance specialists
Intelligence analysts
Technical specialists
WHAT HAPPENS AFTER THE COERCIVE HEARING?
After the hearing, there may be no further action and the matter is finalised. Another possible outcome is that the police proceed with criminal charges if there is sufficient evidence. The charge process may occur immediately after the hearing, or take a bit longer if the police need to gather further evidence.
Our team are highly experienced and are keen to understand your circumstances and assist you with the best legal outcome. Contact us early to speak with a senior lawyer.
