Investigative hearings are often a harrowing experience where the usual rules of law don’t apply. In other words, an accused person’s rights to silence are abrogated and you are essentially forced to answer questions. It is at this point your legal representation is paramount. Some common examples of such hearings are below.
The Australian Securities and Investment Commision is the governing body over all corporations, consumer trading, and similar activities in Australia. It has the power in certain circumstances to compel individuals to participate in hearings and/or interviews and answer honestly. We have attended many of these hearings and understand the intricacies and nuances involved. We are able to advise fully and effectively how to properly preserve your position and reduce your potential liability as much as possible.
Crime and Misconduct Commission
The CMC has enormous investigative powers. It has the ability to summons people suspected of somehow being connected to relatively minor criminal offences like fraud, to the highest-ranking politicians in the state. All government employees, including the police, are also subject to the powers of the CMC.
The right to silence and the privilege against self-incrimination do not apply here. Lawler Magill are a familiar face at the CMC and we should be contacted immediately when you receive a summons. Although the laws surrounding it are complex and very strong, we do know their limits and are able to effectively advise you as to what rights do remain. This is true whether you are suspected of committing an offence or merely somehow involved with someone who is suspected, even in a very minor way.
Australian Crime Commission
The ACC is very similar in function and powers to the CMC. The ACC is simply the Federal/Commonwealth equivalent. Similarly as above, the usual rights and privileges granted to every single Australian citizen (and others) do not apply.
The ACC are most often invoked in the case of serious drug importations or offences of a similar nature, as well as when issues of national interest are involved. The recent scandal involving the use of performance enhancing drugs in Australia sports is a very good example of the ACC becoming involved in such scenarios.
It is essential that if you are given a summons or otherwise involved with the ACC that you call and seek advice immediately.