Section 14 Crimes (Criminal Organisations Control) Act 2012
Interim Control Orders

updated on

One of the most controversial measures in the Crimes (Criminal Organisations Control) Act 2012 is the power of the court to issue an interim control order relating to an individual at the request of the Police Commissioner.

An interim control order is a court order which can impose broad restrictions on an individual’s liberties – for example, it may prevent a person from associating with certain people, taking part in certain activities, and travelling to certain places.

They generally precede the issue of a control order.

Under section 14 of the Crimes (Criminal Organisation Control) Act 2012, a Court may make an interim control order at the application of the Commissioner.

Section 14 says that any application must be supported by an affidavit by the Commissioner, or an affidavit by senior police officers.

A court is only able to make an interim control order if it is satisfied that the application and any supporting information indicate that:

  • The person is a member of a declared organisation
  • Is, or purports to be a former member of a declared organisation but there is evidence to suggest that they have an ongoing involvement with that organisation and its activities

The Court must also be satisfied that there are sufficient grounds for making the control order.

Being the subject of an interim control order can be a confronting and distressing experience, but with an experienced criminal defence lawyer on your side, you can rest assured that you are getting the best possible result.

The Legislation

Why Choose Sydney Criminal Lawyers®?

Going to Court? (02) 9261 8881

Menu

APPOINTMENT BOOKING

Preferred date for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating
* mandatory fields

Review Text *
Rating (optional)