Our services

If you’re facing a minor traffic offence, you can choose to simply pay the fine to avoid further hassles. However, doing so may result in demerit points. If you don’t already know and accruing too many demerit points can lead to licence suspension.

If you commit a very serious offence or leave a traffic charge unaddressed, the consequences are bigger. You could face jail time, heavy fines, and the loss of your driver’s license.

In today’s day and age, losing your driving privileges is not ideal. Without a license, you may be unable to work or provide care for your loved ones.

Dispute resolution through the courts can be necessary when negotiation fails or when legal rights must be formally protected. At Andrew Byrnes Law Group, our focus is on litigation - resolving disputes through the court system with professional, experienced legal advocacy.

We assist clients with all stages of litigation, including:

• Legal strategy and case preparation
• Filing claims or defending proceedings
• Representing you in court hearings and trials
• Negotiating settlements during proceedings
• Enforcing court judgments

Our firm does not offer alternative dispute resolution services such as mediation or arbitration. Instead, we are committed to delivering strong courtroom representation to help our clients achieve fair and enforceable outcomes.

Contract breaches can arise from a range of scenarios, including:

• A supplier failing to deliver goods on time or in full
• A debtor not repaying a loan
• A contractor using poor-quality materials or doing substandard work
• A buyer refusing to pay after receiving goods or services
• A tenant failing to pay rent or meet lease terms

You may also find yourself accused of breaching a contract - perhaps due to circumstances beyond your control. In such cases, we’ll work with you to assess your exposure, mitigate risk, and explore the best legal strategy moving forward.

Our breach of contract lawyers can assist with:

• Legal advice on your rights and obligations
• Drafting and sending demand letters
• Engaging in strategic negotiation
• Filing and defending court proceedings
• Enforcing or defending judgment orders

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What Are Serious Indictable Offences?

Serious indictable offences are the most grave category of criminal charge in the ACT. They are heard in the ACT Supreme Court (or committed from the Magistrates Court) and carry maximum penalties that can include life imprisonment. Common serious indictable matters include:

• Armed robbery and aggravated robbery
• Aggravated burglary
• Large commercial drug supply and trafficking
• Serious assault causing grievous bodily harm
• Sexual offences
• Murder and manslaughter
• Firearms offences involving prohibited weapons
• Commonwealth fraud at the higher end

Our Approach to Serious Matters

Cases of this gravity demand a defence team with Supreme Court trial experience and the ability to coordinate complex forensic, medical, and expert evidence. Andrew Byrnes Law Group provides:

• Urgent advice on arrest, custody, and first police contact
• Bail applications in the Magistrates Court and Supreme Court, including show-cause and exceptional-circumstances matters
• Committal management, subpoenas, and pre-trial applications
• Defence at trial, briefing senior counsel where appropriate
• Plea in mitigation and sentence advocacy for matters resolved by guilty plea
• Appeals against conviction or sentence to the ACT Court of Appeal

Why Early Legal Advice Matters

In serious indictable matters, the decisions made in the first 24 to 48 hours after arrest can shape the entire case. What is said to police, whether bail is sought immediately or adjourned, and how the brief of evidence is managed from the outset all affect the trajectory of the defence. Contact Andrew Byrnes Law Group as soon as possible after a charge or arrest.

Frequently Asked Questions

What is the difference between a summary offence and a serious indictable offence?

Summary offences are less serious matters finalised in the Magistrates Court. Serious indictable offences carry higher maximum penalties and are tried in the Supreme Court, often before a jury.

Will I get bail for a serious offence?

Bail for serious indictable offences is contested and may require showing exceptional circumstances. ABLG prepares detailed bail packages including residential proposals, sureties, and reporting conditions.

Can serious charges be negotiated down?

In some cases, charge negotiations with the prosecution can result in less serious charges being substituted. This depends on the evidence, the circumstances, and the approach of the DPP. ABLG assesses this early in every matter.

Generally, insolvency occurs when a debtor cannot pay a debt when it falls due. As an individual, you may experience bankruptcy in your personal capacity, or if you are a business owner or a director of a corporation, you may experience insolvency.

Under the bankruptcy and insolvency legislation in Australia, managing personal insolvency may be through bankruptcy or other arrangements such as entering into personal insolvency agreements or debt agreements with creditors. Bankruptcy is a process where individual debtors who are unable to pay their debts give up their assets and concede control of their finances to an administrator, either voluntarily or involuntarily. Bankruptcy protects debtors from enforcement actions which may be taken by their creditors.

On the other hand, corporate insolvency may be managed temporarily through voluntary administration or through liquidation, among other remedies. Voluntary administration is a short-term rehabilitation scheme where even if insolvent, a company continues to trade or may be sold as a going concern. In voluntary administration, there is a general moratorium over a limited period on the enforcement of creditors’ claims. Alternatively, liquidation involves winding up the affairs of the company until it is dissolved and cease to exist. Liquidation may be voluntary (at the instance of the creditors or the company) or involuntary (Court-ordered).

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Family Violence Orders are protective court orders specifically designed to address violence, threats, or intimidating behaviour within family and domestic relationships. These orders play a crucial role in safeguarding family members from harm while establishing clear legal boundaries and expectations for behaviour.

FVO proceedings often involve sensitive family matters, including relationships between spouses, former partners, parents and children, and extended family members. The implications of these orders extend beyond immediate safety concerns, potentially affecting child custody arrangements, property settlements, living arrangements, and ongoing family relationships.

At Andrew Byrnes Law Group, we approach FVO matters with the utmost sensitivity and professionalism, understanding that family violence situations require both legal expertise and emotional intelligence. Our team is committed to protecting the safety and rights of all parties while working toward outcomes that promote healing and stability for families wherever possible.

We provide comprehensive support throughout the FVO process, ensuring that complex family dynamics are properly understood and addressed, and that court proceedings are handled with appropriate discretion and care for all family members involved.

Workers, regardless of their position and nature of employment, are significant driving forces in a company. They are one of the greatest natural resources that a company has. As such, their preservation by maintaining a fair and harmonious workplace is crucial not only to boost productivity but also to contribute to the success of a business organisation. Australian employment laws are therefore crafted and implemented in order to balance the interests and protect the rights of both employers and workers. An in-depth understanding of these employment laws is a key tool in preventing workforce disputes, which an employment lawyer may be able to provide effectively.

Employment matters involve the rights of workers from hiring to firing (dismissal). Compliance of employers with industrial standards includes working conditions, working hours, wages, leave, occupational health and safety and other matters concerning workers’ rights such as discrimination, sexual harassment, workplace accidents, and superannuation.

We at Andrew Byrnes Law Group are lawyers for workplace fairness and we will see to it that your employment concerns are carefully handled at all times, whether you are an aggrieved worker or a distressed employer.

As an employee, independent contractor, or casual worker, we can help educate you with your rights under Australian employment law.

If you encounter issues such as under- or non-payment of wages, unfair dismissal, discrimination, sexual harassment, or you are exposed to an unsafe and unhealthy working environment, the skilled employment lawyers of Andrew Byrnes Law Group are here to provide you with relevant legal advice regarding your rights, and if needed, file your claims and represent you in your legal action.

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Being chased or chasing debts can be time-consuming and frustrating, but our expert debt recovery solicitors at Andrew Byrnes Law Group can take this burden off your hands, quickly and cost-effectively.

Disputing a Debt.

If you owe someone money and you don’t pay, you will likely be given a bad credit history, your property may be seized and you could be taken to court. If you believe that you have a reason why you should not have to pay a debt, you should seek legal advice immediately.

Andrew Byrnes Law Group’s service includes replying to all the correspondence you receive and representing you in court.

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Facing a drug charge can be overwhelming and the legal landscape surrounding it is often difficult to navigate without proper guidance. Australian drug laws vary between jurisdictions and can include both state-based and federal charges, depending on the substance and circumstances. The stakes are high, with even minor offences potentially impacting employment, travel, and your future.

At Andrew Byrnes Law Group, we understand what’s at risk. We offer clear and practical legal advice for individuals charged with offences related to the possession, use, cultivation, manufacture, or trafficking of illicit substances. We also assist clients in matters involving prescription drugs, party drugs, and controlled substances.

If you’ve been charged or are under investigation, it’s vital to seek legal assistance immediately. We will evaluate the details of your case, explore all possible defences, and advocate fiercely on your behalf. Our goal is to protect your rights while minimising legal repercussions wherever possible.

Murder and manslaughter charges are among the most serious offences under Australian law. The distinction between the two often hinges on the intent behind the act.

• Murder: Involves the intentional or reckless killing of another person. It carries severe penalties, including the possibility of life imprisonment.
• Manslaughter: Refers to the unintentional killing of another person, often resulting from negligence or lack of intent. While still serious, it generally carries lesser penalties than murder.
  

Our legal team at Andrew Byrnes Law Group is adept at navigating the intricacies of these charges. We provide strategic defence tailored to the specifics of your case, ensuring that your side of the story is heard and considered.

Fraud charges can stem from many scenarios: false accounting, falsified documents, benefit fraud, or financial deception. These cases require a detailed understanding of financial and legal systems, as well as the ability to build a strong, evidence-based defence.

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At Andrew Byrnes Law Group, we provide full legal support - from initial advice to representation in court. We ensure your rights are protected at every stage and your side of the story is heard. We proudly serve clients in Canberra, Queanbeyan, Goulburn, Wollongong, Yass, Cooma, Wagga Wagga, and surrounding areas.

Assault-related offences in Australia fall under several categories and can involve physical force, verbal threats, or even actions that cause a person to reasonably fear for their safety. These charges may be laid under state or territory laws depending on where the incident occurred, and the penalties vary widely based on circumstances.

Common types of assault we handle include:

• Common assault (including verbal threats or physical gestures)
• Assault occasioning actual bodily harm
• Grievous bodily harm or wounding
• Serious or aggravated assault
• Sexual assault (including indecent assault)
• Assault against police or public officers

Each case is unique, and at Andrew Byrnes Law Group, we tailor our approach to suit the facts and circumstances. Whether you’re seeking to contest the charge, negotiate a lesser penalty, or mitigate sentencing outcomes, our team is ready to step in and assist — professionally and without judgment.

Being accused of a property offence can feel overwhelming, especially when police are involved early or charges come unexpectedly. If you’ve been charged with stealing, burglary, or damaging property, don’t wait to get legal advice - even informal police interviews can impact your case.

Our services cover a range of property-related criminal matters, including:

• Theft or larceny (including employee theft or shoplifting)
• Burglary or unlawful entry
• Property damage or vandalism
• Receiving stolen goods
• Possession of stolen property
• Dishonest conduct or handling of funds

Each case requires a careful examination of evidence, intent, and potential defences. Our lawyers work with you to determine whether to challenge the allegations, negotiate reduced penalties, or pursue diversionary options (like good behaviour bonds or community service) if appropriate.

We serve clients across Canberra, Queanbeyan, Goulburn, Cooma, Wagga Wagga, and nearby regions.

Domestic violence encompasses a wide range of behaviours - physical abuse, emotional manipulation, financial control, threats, and coercion. Charges can stem from family disputes, relationship breakdowns, or misunderstandings, but the legal consequences can be life-altering.

At Andrew Byrnes Law Group, we provide complete legal support tailored to your needs:

• Defence against domestic violence allegations
• Assistance with Apprehended Domestic Violence Orders (ADVOs) and Family Violence Orders (FVOs)
• Advice on related family law matters, including parenting and custody
• Support in understanding how charges may impact employment, visas, and travel

We serve clients across Canberra, Queanbeyan, Goulburn, Wollongong, Yass, Cooma, Wagga Wagga, and surrounding areas.

Personal Protection Orders are court-issued protective measures specifically designed to prevent harassment, intimidation, property damage, or stalking behaviour in the Australian Capital Territory. These orders carry serious legal weight and can significantly impact both the protected person's safety and the respondent's daily activities, employment, and personal relationships.

At Andrew Byrnes Law Group, we recognise that PPO situations often involve complex personal dynamics and emotional stress. Our legal team provides clear, practical advice while maintaining the highest standards of professional discretion and respect. We work diligently to understand the full context of your situation and develop legal strategies that address your specific needs and concerns.

Whether you're an applicant requiring urgent protection or a respondent seeking to defend your reputation and rights, we provide expert legal representation that ensures fair treatment under the law. Our goal is to achieve resolutions that prioritise safety while minimising unnecessary disruption to all parties involved.

Apprehended Violence Orders are serious legal instruments designed to protect individuals from harassment, intimidation, stalking, or threats of violence. Whether you're seeking protection or responding to an AVO application, these orders can have significant implications for your personal freedom, family relationships, employment prospects, and reputation.

At Andrew Byrnes Law Group, we understand that AVO matters often arise during highly stressful and emotional circumstances. Our approach combines strategic legal expertise with compassionate support, ensuring that your rights are protected throughout the entire process. We represent both applicants seeking protection and respondents defending against allegations, providing tailored legal strategies for each unique situation.

Our experienced team will help you understand the specific requirements and implications of AVOs, guide you through the application or response process, and provide strong advocacy in court proceedings to achieve the best possible outcome for your circumstances.

Drink driving offences in the ACT are treated seriously by the courts and can result in heavy fines, licence disqualification, and even imprisonment. Whether you're facing your first DUI offence or are dealing with a repeat PCA charge, strong legal representation is essential.

At Andrew Byrnes Law Group, we provide personalised defence strategies based on the specific circumstances of your case. We represent clients in relation to:

• Low, mid, and high-range PCA offences
• DUI involving alcohol or drugs
• Refusal to provide breath or blood samples
• Novice and learner driver alcohol offences
• Immediate licence suspensions and appeals

We understand the personal and professional impact that a drink driving charge can have. That’s why our Canberra-based legal team works closely with you to challenge police procedures, negotiate with prosecutors, and advocate for the best possible result in court.

Our goal is to help you protect your record, retain your licence where possible, and move forward with confidence. Whether it's seeking a reduced penalty, a non-conviction order, or appealing a suspension, we’re committed to strong legal advocacy backed by years of experience.

Drug driving laws in the ACT apply to both illicit substances and certain prescription medications that can impair a person’s ability to drive safely. Police routinely conduct roadside saliva testing for common illicit drugs including cannabis, methamphetamines, and MDMA.

A positive drug test regardless of whether impairment is observed can lead to immediate licence suspension and court proceedings.

We assist clients with charges such as:

• Driving with a prescribed drug present in oral fluid, blood, or urine
• Driving under the influence (DUI) of drugs
• Combined drug and alcohol offences
• Refusing to provide a sample for drug testing
• Driving while impaired by prescription medication

At Andrew Byrnes Law Group, we take the time to understand your unique situation, including medical or personal factors that may have influenced the charge. Our focus is on presenting your case clearly and persuasively in court to seek the most favourable outcome—whether that’s a reduced penalty, avoiding a conviction, or minimising licence suspension.

Driving while suspended or disqualified is a serious offence under ACT law. Penalties can escalate quickly - especially for repeat offences and may affect your job, personal life, and ability to drive legally in the future.

At Andrew Byrnes Law Group, we provide strong and considered legal representation to help you deal with these charges effectively. Our team carefully assesses your case, identifies procedural errors or grounds for defence, and provides expert advocacy in court.

We represent clients in situations involving:

• Licence suspensions due to unpaid fines
• Demerit point suspensions
• Court-imposed disqualifications
• Driving while awaiting licence reinstatement
• Repeat driving offence charges

We understand that sometimes people drive out of necessity, such as for work, family, or medical emergencies. We present your circumstances to the court in the most effective light, aiming to reduce penalties or help you avoid a conviction when possible.

In the ACT, offences such as excessive speeding, running a red light, or using a mobile phone while driving can be considered dangerous or reckless depending on the circumstances. These offences carry heavy penalties, especially where the safety of others is deemed to be at risk.

At Andrew Byrnes Law Group, we represent clients charged with:

• Dangerous driving (e.g. high-speed offences, aggressive or erratic driving)
• Reckless driving likely to endanger others
• Speeding above prescribed limits, including in school zones or during double demerit periods
• Failing to stop at red lights or stop signs
• Using a mobile phone while driving (texting, calling, or handling the phone while not in a cradle)
• Hoon behaviour or street racing

We understand that some offences occur due to momentary lapses in judgement, and our legal team works to ensure your side of the story is heard. Whether you're a first-time offender or facing a repeat charge, we tailor our legal strategy to reduce the legal, personal, and professional impacts of your case.

How Bail Works in the ACT

Under the Bail Act 1992, there is a general presumption in favour of bail for most offences. However, for serious offences including murder, sexual offences, and certain drug offences, the onus shifts and the accused must show cause why bail should be granted.

The court considers factors under section 22, including:

• The likelihood of the accused appearing in court
• The interests of the accused (including health, welfare, and ties to the community)
• The protection of the community and any alleged victim
• The nature and seriousness of the offence
• The strength of the prosecution case
• Whether the accused has previously failed to comply with bail conditions
• The length of time the accused is likely to remain in custody

Types of Bail Applications We Handle

• First bail applications at the ACT Magistrates Court
• Bail review applications after refusal
• Supreme Court bail applications for serious offences
• Bail variation applications to change existing conditions
• Breach of bail matters and show-cause hearings
• Bail for interstate warrants executed in the ACT

Common Bail Conditions in the ACT

If bail is granted, the court may impose conditions such as:

• Reporting to a police station at specified times
• Surrendering passports or travel documents
• Residing at a nominated address
• Curfew requirements
• Non-contact or non-association conditions
• Exclusion zones around alleged victims or witnesses
• A surety or deposit of money

What Happens If Bail Is Refused?

If bail is refused by the Magistrates Court, the accused has the right to apply for bail review in the ACT Supreme Court. This is a fresh hearing, and our lawyers prepare comprehensive bail applications with supporting evidence including character references, accommodation arrangements, employment details, and proposed bail conditions designed to address the court's concerns.

Frequently Asked Questions

Can I get bail for a serious offence in the ACT?

Yes, but for certain offences including murder and serious drug or sexual offences, you must demonstrate why detention is not justified. Our lawyers build strong applications addressing each of the court's concerns.

How quickly can you act on a bail application?

We can prepare and present bail applications on the same day in urgent matters. Contact us immediately if someone has been refused bail or arrested.

What is a bail surety?

A surety is a person who agrees to pay a specified amount if the accused fails to appear in court. The court may require a surety as a condition of bail.

Can bail conditions be changed after they are set?

Yes. If circumstances change, you can apply to the court to vary bail conditions. Our lawyers can assist with variation applications.

What happens if I breach bail conditions?

Breaching bail conditions is a criminal offence in the ACT. Police may arrest and remand the person, and the court may revoke bail. Legal representation is strongly recommended.

Sexual Offences Under ACT Law

Sexual offences in the Australian Capital Territory are prosecuted under the Crimes Act 1900 (ACT), with penalties reflecting the seriousness of the allegations. These charges carry significant consequences including imprisonment, registration on the sex offenders register, and lasting effects on employment, relationships, and reputation.

Categories of sexual offences in the ACT include:

• Sexual assault (s 54): sexual intercourse without consent — maximum 12 years imprisonment
• Aggravated sexual assault (s 55): where aggravating circumstances exist — maximum 17 years
• Sexual intercourse without consent (inflicting GBH): maximum 20 years
• Act of indecency (s 60): indecent acts without consent — maximum 5 years
• Acts of indecency with young people (ss 55A, 61): offences involving persons under 16 — penalties up to 17 years
• Sexual intercourse with a young person (s 55): consent of the young person is not a defence — up to 17 years
• Persistent sexual abuse of a child: up to 20 years imprisonment

Defences Available in the ACT

Every sexual offence charge has specific elements that the prosecution must prove beyond reasonable doubt. Common defences include:

• Consent — demonstrating that the sexual activity was consensual (subject to the ACT's affirmative consent reforms)
• Honest and reasonable belief in consent — that the accused genuinely and reasonably believed consent was given
• Identification — challenging that the accused was the person involved
• Factual disputes — contesting the complainant's account of what occurred
• Procedural challenges — police interview irregularities, failures in evidence handling, or forensic contamination

Frequently Asked Questions

Will a sexual offence charge go on my criminal record?

A conviction for a sexual offence will appear on your criminal record. If the charges are withdrawn, dismissed, or you are found not guilty, no conviction is recorded.

Can I get bail for a sexual offence in the ACT?

Bail for sexual offences is more restricted. For certain serious sexual offences, the accused must show cause why bail should be granted. Our lawyers prepare detailed bail applications addressing each consideration.

What is the sex offenders register?

Persons convicted of certain sexual offences in the ACT are placed on the Australian National Child Offender Register. Registration periods vary from 8 years to life depending on the offence and sentence.

How do the ACT's affirmative consent laws affect my case?

Under the ACT's consent reforms, a person does not consent to sexual activity if they do not say or do anything to communicate consent. The accused must have taken active steps to ascertain consent.

Can I defend a historical sexual offence charge?

Yes. Historical charges are assessed against the law as it existed at the time of the alleged offence. Delay, loss of evidence, and unreliability of memory can all form part of the defence.

Types of Commonwealth and Centrelink Fraud

Fraud against Commonwealth agencies is prosecuted under the Criminal Code Act 1995 (Cth), with penalties reflecting the amount involved and the nature of the conduct. Common charges include:

• Obtaining a financial advantage by deception (s 134.2): claiming benefits you know you are not entitled to — maximum 10 years imprisonment
• Obtaining property by deception (s 134.1): dishonestly obtaining Commonwealth funds — maximum 10 years
• General dishonesty (s 135.1): obtaining a gain or causing a loss to the Commonwealth — maximum 5 or 10 years depending on the amount
• Conspiracy to defraud the Commonwealth (s 135.4): agreeing with others to defraud a Commonwealth entity — maximum 10 years

Common Centrelink Fraud Scenarios

Many Centrelink fraud investigations in Canberra involve:

• Failure to declare a partner or change in relationship status
• Failure to declare income from employment or self-employment
• Failure to declare assets including property or savings
• Providing false information on claim forms
• Identity fraud using false or stolen identification
• Continuing to claim payments after a change of circumstances
• Dual claiming across multiple benefit types

A significant proportion of people investigated for Centrelink fraud in Canberra are APS employees whose salary was not correctly reported to Centrelink. This creates unique complications because a conviction can affect APS employment, security clearances, and access to government premises.

Defences Available

• Lack of dishonesty — genuine mistake, confusion about reporting obligations, or reliance on Centrelink advice
• No intention to deceive — the prosecution must prove dishonest intent beyond reasonable doubt
• Factual disputes about the amount — challenging the Commonwealth's calculation of the overpayment
• Duress or coercion — where another person controlled the accused's finances or Centrelink account

Frequently Asked Questions

Will I go to jail for Centrelink fraud?

Imprisonment is possible for serious cases, particularly where the overpayment exceeds $10,000 or involves deliberate and sustained deception. For smaller amounts and first offences, non-custodial outcomes including good behaviour orders, fines, and community service are common.

Can I repay the debt instead of facing charges?

Repaying the debt does not prevent prosecution, but it can be a strong mitigating factor at sentencing. Our lawyers can advise on whether a voluntary repayment arrangement could influence the outcome of your case.

How does a Centrelink fraud conviction affect my APS career?

A conviction for dishonesty may result in termination of APS employment, loss of security clearance, and difficulty obtaining future government positions. Early legal advice is critical to managing these consequences.

What is the difference between a Centrelink debt and Centrelink fraud?

A Centrelink debt is an overpayment that must be repaid. Fraud requires an element of dishonesty or deception. Many debts are raised without any suggestion of fraud. If you receive a debt notice, legal advice can clarify whether criminal prosecution is likely.

The Spent Convictions Scheme in the ACT

Under the Spent Convictions Act 2000 (ACT), certain criminal convictions can become 'spent' after a waiting period, meaning they no longer appear on standard criminal history checks. The scheme recognises that people who have served their sentence and lived law-abiding lives should not be permanently defined by past offences.

Eligibility Criteria

A conviction may become spent if:

• The conviction is for an offence punishable by imprisonment of no more than 6 months — the waiting period is 5 years (adults) or 2 years (juveniles)
• The person was not sentenced to imprisonment exceeding 6 months for the offence
• The person has not reoffended during the waiting period
• The conviction is not an excluded offence (sexual offences against children are typically excluded)

Convictions That Cannot Be Spent

Certain convictions are excluded from the scheme, including:

• Convictions where a sentence of imprisonment exceeding 6 months was imposed
• Sexual offences against children
• Offences that require registration on the sex offenders register
• Convictions in jurisdictions that do not have a reciprocal spent convictions scheme

Effect of a Spent Conviction

Once a conviction is spent:

• It does not appear on standard police checks (National Police Certificate)
• You are not required to disclose it when applying for most jobs
• It cannot be used against you in most legal proceedings
• Discrimination on the basis of a spent conviction is prohibited

However, spent convictions may still be disclosed for certain purposes, including working with children checks, AGSVA security clearances, and some professional licensing applications.

Frequently Asked Questions

How do I check if my conviction is spent?

You can request an Australian Criminal Intelligence Commission (ACIC) check through the AFP. The result will indicate whether your conviction appears or has been spent.

Can I apply to have a conviction spent early?

The ACT scheme is automatic — you do not need to apply. Once the waiting period expires and you have not reoffended, the conviction becomes spent by operation of law.

Does a spent conviction affect my security clearance?

Yes. AGSVA security vetting requires disclosure of all convictions regardless of whether they are spent. A spent conviction can still be considered in the clearance decision.

Can an employer ask about spent convictions?

In most cases, no. Asking about or discriminating on the basis of a spent conviction is prohibited under the Spent Convictions Act and the Discrimination Act 1991 (ACT).

What about convictions in other states?

Each state and territory has its own spent convictions legislation. The ACT scheme applies to ACT convictions. Interstate convictions are subject to the scheme in the jurisdiction where the conviction was recorded.

APS Code of Conduct and Criminal Charges

Under section 13 of the Public Service Act 1999 (Cth), APS employees must behave honestly, with integrity, and in compliance with Australian law. A criminal charge can trigger a Code of Conduct investigation, suspension from duties, and termination of employment.

Common scenarios we advise on include:

• APS employees charged with drink driving, drug offences, assault, or fraud
• Code of Conduct investigations running parallel to criminal proceedings
• Disclosure obligations to your agency and AGSVA
• Managing the timing of pleas and statements to protect both the criminal and employment outcomes
• Termination or demotion following criminal charges or conviction

Security Clearance Impact

For employees holding an AGSVA security clearance (Baseline, NV1, NV2, or Positive Vetting), criminal charges can result in:

• Suspension of an existing clearance pending resolution of charges
• Denial of a clearance application or upgrade
• Mandatory disclosure requirements
• Adverse assessment based on character, honesty, and reliability concerns

Even minor charges such as low-range drink driving or minor drug possession can affect a clearance if not managed properly. Our lawyers understand the AGSVA assessment framework and structure criminal defence strategies that account for the clearance implications.

Defence Contractor and Intelligence Community Considerations

Canberra's defence and intelligence sector employs thousands of contractors who hold security clearances issued by AGSVA or agency-specific vetting authorities. A criminal charge can result in immediate exclusion from secure facilities, loss of contract work, and career-ending consequences. Early legal advice is essential.

Frequently Asked Questions

Do I have to tell my employer about criminal charges?

Most APS agencies require disclosure of criminal charges under their Code of Conduct policies. Failure to disclose can itself constitute a breach. We advise on your specific disclosure obligations before you make any report.

Can I be fired for being charged with a criminal offence?

Charges alone do not automatically result in termination, but they can trigger a Code of Conduct process that may lead to termination. The outcome depends on the nature of the charge, your role, and your agency's policies.

Will a traffic offence affect my security clearance?

Serious traffic offences such as drink driving, drug driving, or dangerous driving may be relevant to your clearance assessment. Minor infringements such as speeding fines are generally not considered.

Can I get legal representation for the Code of Conduct investigation as well as the criminal matter?

Yes. We advise clients on both proceedings simultaneously, ensuring that actions taken in one do not prejudice the other.

Firearms Offences Under ACT Law

Firearms offences in the ACT are governed by the Firearms Act 1996 (ACT). The ACT has some of the strictest firearms legislation in Australia.

Common charges include:

• Unauthorised possession of a firearm — up to 5 years (registered) or 10 years (unregistered)
• Unauthorised use of a firearm — up to 10 years imprisonment
• Possession of a prohibited weapon (knives, tasers, crossbows, knuckle-dusters) — up to 5 years
• Carrying a weapon in a public place without reasonable excuse
• Supply or trafficking of firearms — up to 20 years under Commonwealth law
• Failure to store firearms securely — fines and licence cancellation
• Possession of ammunition without a licence

Defences and Mitigating Factors

• Lawful excuse or authority (valid licence, lawful purpose)
• Lack of knowledge the item was a firearm or prohibited weapon
• Temporary or incidental possession (finding and surrendering to police)
• Reasonable excuse for carrying (work tools, religious or cultural purposes)

Frequently Asked Questions

Can I go to jail for an unregistered firearm in the ACT?

Yes. Maximum penalty is 10 years imprisonment. Even possession of a registered firearm without the right licence category can result in charges.

What is a prohibited weapon in the ACT?

Flick knives, ballistic knives, knuckle-dusters, tasers, crossbows, and certain martial arts weapons. The full list is in the Prohibited Weapons Act 1996 (ACT).

Is it legal to carry a knife in Canberra?

Carrying a knife in public without a reasonable excuse is an offence. Work tools, religious items, and lawful recreation may be acceptable, but the burden is on you to prove it.

Drug Supply, Trafficking and Cultivation in the ACT

While the ACT has decriminalised possession of small quantities of certain drugs for personal use, supply, trafficking, and cultivation offences remain serious criminal matters with harsh penalties.

Key offences under the Drugs of Dependence Act 1989 (ACT) and Criminal Code Act 1995 (Cth):

• Drug supply — selling, distributing, or sharing controlled substances. Penalties vary by drug type and quantity, up to 10 years imprisonment for trafficable quantities under ACT law
• Drug trafficking — supply of commercial quantities. Maximum 25 years under Commonwealth law
• Cultivation of cannabis — while personal cultivation of up to 2 plants is decriminalised in the ACT, cultivation of larger quantities or for supply remains criminal
• Manufacture of drugs — production of methamphetamine, MDMA, or other synthetic drugs. Severe penalties including up to 25 years imprisonment
• Importing or exporting controlled substances — Commonwealth offences with penalties up to life imprisonment for commercial quantities

Quantity Thresholds in the ACT

The distinction between personal use, supply, and trafficking depends on quantity thresholds set out in legislation:

• Cannabis: up to 50g or 2 plants is decriminalised for personal use. Above this is deemed supply
• Methamphetamine: any quantity above personal use thresholds can result in deemed supply charges
• MDMA: quantity thresholds apply for trafficable and commercial amounts
• Cocaine, heroin: strict quantity-based thresholds with escalating penalties

Defences

• The drugs were for personal use (below trafficable quantity thresholds)
• Lack of knowledge that the substance was present or was a controlled drug
• The accused was not involved in the supply chain
• Entrapment or improper police conduct during undercover operations
• Challenges to the weight, purity, or identification of the substance

Frequently Asked Questions

What is the difference between supply and trafficking in the ACT?

Supply involves providing drugs to another person. Trafficking relates to commercial-scale supply. The distinction is based on the quantity of drugs involved and the evidence of commercial activity.

Is growing cannabis legal in the ACT?

Personal cultivation of up to 2 cannabis plants per person (maximum 4 per household) is decriminalised. Growing more than this, or any cultivation for sale, remains a criminal offence.

Can I be charged with supply for sharing drugs?

Yes. Supplying any amount of a controlled drug to another person is an offence, even if no money changes hands.

What penalties apply for drug trafficking in the ACT?

Trafficking commercial quantities carries penalties up to 25 years imprisonment under Commonwealth law. ACT penalties for trafficable quantities range up to 10 years depending on the substance.

Robbery, Burglary and Break-and-Enter in the ACT

The Criminal Code 2002 (ACT) distinguishes between several property offences based on the circumstances of the alleged conduct:

• Robbery (s 310): stealing with violence or threat of violence — maximum 15 years imprisonment
• Aggravated robbery (s 311): robbery with a weapon, in company, or causing injury — maximum 20 years
• Burglary (s 311): entering a building with intent to commit an offence — maximum 14 years
• Aggravated burglary (s 312): burglary of a home while occupied, with a weapon, or in company — maximum 20 years
• Break and enter: forcing entry to a building or vehicle to commit theft or another offence

Defences Available

• Identification — challenging that the accused was the person involved
• Lack of intent — the accused did not intend to steal or commit an offence at the time of entry
• Claim of right — the accused honestly believed they had a right to the property
• Duress — the accused was forced to participate by threats or coercion
• Forensic challenges — DNA, fingerprints, or CCTV evidence may be challenged on reliability grounds

Frequently Asked Questions

What is the difference between robbery and burglary?

Robbery involves stealing directly from a person using force or threats. Burglary involves entering a building with the intention to commit an offence. You can be charged with burglary even if nothing was actually stolen.

Is aggravated burglary more serious than burglary?

Yes. Aggravated burglary involves additional factors such as the presence of occupants, use of a weapon, or acting in company. It carries a maximum of 20 years imprisonment compared to 14 for standard burglary.

Can I be charged with burglary if I did not steal anything?

Yes. The offence of burglary is complete upon entering a building with intent to commit an offence. No theft needs to actually occur.

Criminal Appeals in the ACT

If you have been convicted of a criminal offence or believe your sentence was too harsh, you may have grounds to appeal. The ACT's appeal system allows challenges to both conviction and sentence through several pathways:

• Appeal from Magistrates Court to Supreme Court — appeals against conviction or sentence from summary matters. Filed within 28 days of the decision
• Appeal from Supreme Court to Court of Appeal — appeals against conviction after trial by jury, or against sentence imposed by the Supreme Court
• Leave to appeal out of time — where the 28-day deadline has passed, the court may grant an extension in exceptional circumstances

Grounds for Appeal

Common grounds for criminal appeals in the ACT include:

• Error of law — the magistrate or judge made a mistake in applying the law
• Unreasonable verdict — the conviction was not supported by the evidence
• Manifest excess of sentence — the sentence imposed was disproportionate to the offence and circumstances
• Fresh evidence — new evidence has emerged that was not available at trial and could have affected the outcome
• Procedural unfairness — the accused did not receive a fair hearing

Frequently Asked Questions

How long do I have to lodge an appeal?

Generally 28 days from the date of conviction or sentence. Extensions are possible but not guaranteed.

Can I appeal if I pleaded guilty?

You can appeal against sentence even if you pleaded guilty. In limited circumstances, you may be able to withdraw a guilty plea on appeal.

Will I be in custody during the appeal?

You can apply for bail pending appeal. The court considers similar factors to a standard bail application plus the prospects of success on appeal.

What happens if my appeal succeeds?

If an appeal against conviction succeeds, the conviction is quashed. The matter may be sent back for retrial or dismissed entirely. If a sentence appeal succeeds, the court imposes a new sentence.

Cybercrime Offences Under Australian Law

Cybercrime offences are prosecuted under both ACT and Commonwealth legislation, depending on the nature of the conduct. The Criminal Code Act 1995 (Cth) contains the primary federal cybercrime offences, while the ACT Criminal Code 2002 covers territory-specific conduct.

Common cybercrime charges include:

• Unauthorised access to computer data (s 478.1 Criminal Code Cth) — accessing data on a computer without authorisation — maximum 2 years imprisonment
• Unauthorised modification of data (s 477.2) — altering, deleting, or encrypting data without permission — maximum 10 years
• Unauthorised impairment of electronic communication (s 477.3) — disrupting networks or systems — maximum 10 years
• Online harassment and cyberstalking — using electronic communications to menace, harass, or cause offence — up to 3 years under Commonwealth law
• Cyberbullying — repeated online conduct intended to intimidate, harass, or humiliate, particularly targeting young people
• Identity theft and fraud — using stolen personal information to obtain financial advantage online
• Distribution of intimate images without consent — sharing sexual images without the subject's permission — criminal offence in the ACT under the Crimes Act 1900 (ACT)
• Online fraud and scam offences — phishing, romance scams, investment fraud conducted via digital platforms

ACT-Specific Provisions

The ACT has enacted specific protections against:

• Non-consensual sharing of intimate images (revenge porn) — penalties up to 3 years imprisonment
• Online stalking and intimidation under the ACT's personal protection order framework
• Cyberbullying of young people, which can form the basis for school exclusion, PPO applications, and criminal charges

Defences

• Authorised access — the accused had permission to access the system or data
• Lack of intent — the accused did not intend to cause harm or access the data
• Factual disputes about the accused's identity as the person who used the device
• Jurisdictional challenges — cross-border cyber offences raise complex questions about which court has authority

Frequently Asked Questions

Is cyberbullying a criminal offence in the ACT?

Yes. Depending on the conduct, cyberbullying can constitute criminal harassment, stalking, intimidation, or menacing behaviour under both ACT and Commonwealth law. Penalties range from fines to imprisonment.

Can I be charged for sharing someone's intimate images?

Yes. The non-consensual sharing of intimate images is a criminal offence in the ACT with penalties up to 3 years imprisonment. This applies even if the images were originally shared consensually.

What should I do if I am being investigated for a cybercrime?

Contact a criminal lawyer immediately. Do not make any statements to police, do not delete data from your devices, and do not communicate with the alleged victim or complainant.

Stalking and Intimidation Under ACT Law

Stalking and intimidation offences in the ACT are addressed through both criminal charges and the protection order framework. Key provisions include:

• Stalking (s 35 Crimes Act 1900 ACT) — engaging in conduct directed at a person that the accused knows or ought to know would cause apprehension or fear — maximum 2 years imprisonment, or 5 years for aggravated stalking
• Threats to kill (s 30 Crimes Act 1900 ACT) — making a threat to kill another person with intent that they fear the threat will be carried out — maximum 10 years imprisonment
• Threats to inflict grievous bodily harm — maximum 5 years imprisonment
• Intimidation — conduct intended to cause fear for safety, including online threats, following, surveillance, or unwanted contact
• Using a carriage service to menace, harass, or cause offence (s 474.17 Criminal Code Cth) — covers phone calls, text messages, emails, and social media — maximum 3 years

Stalking Conduct in the ACT

Under ACT law, stalking conduct includes:

• Following the victim or loitering near their home, workplace, or school
• Contacting the victim by phone, text, email, or social media
• Sending unwanted gifts or letters
• Interfering with property belonging to the victim
• Keeping the victim under surveillance
• Acting in a way that could reasonably be expected to cause apprehension or fear

Defences

• The conduct was lawful and reasonable in the circumstances (e.g. legitimate work activity, media reporting)
• The accused did not know and could not reasonably have known that the conduct would cause fear
• The conduct did not meet the threshold of persistence or pattern required for stalking
• Factual disputes about what occurred or the identity of the person responsible

Frequently Asked Questions

What is the difference between stalking and harassment?

Stalking typically involves a pattern of repeated conduct directed at a specific person that causes fear. Harassment may involve a single incident or repeated conduct that is unwanted and distressing. Both can be criminal offences in the ACT.

Can I be charged with stalking for sending text messages?

Yes. Repeated unwanted communications, including text messages, emails, and social media messages, can constitute stalking if they cause the recipient to fear for their safety.

What is a threat to kill?

A threat to kill is a specific criminal offence carrying up to 10 years imprisonment. The prosecution must prove the accused made the threat and intended the victim to fear it would be carried out. The threat does not need to be made face-to-face.

Shoplifting and Retail Theft in the ACT

Shoplifting is prosecuted as theft under the Criminal Code 2002 (ACT). While often viewed as a minor offence, the consequences of a conviction can be significant — particularly for young people, APS employees, and anyone requiring a criminal record check for employment.

Penalties depend on the value of the goods and the circumstances:

• Theft (s 308 Criminal Code ACT) — dishonestly appropriating property belonging to another — maximum 10 years imprisonment
• Theft of property valued under $1,000 — typically dealt with summarily in the Magistrates Court with penalties including fines, good behaviour orders, or community service
• Organised retail theft — theft in company, theft to order, or theft as part of a pattern of offending — treated more seriously with higher penalties
• Receiving stolen goods — knowingly purchasing or possessing goods that have been stolen — maximum 10 years

Defences

• Lack of intent — the accused did not intend to permanently deprive the owner of the goods (e.g. absent-mindedly leaving a store)
• Claim of right — the accused honestly believed they had a right to the property
• Mistaken identity — the accused was not the person captured on CCTV or identified by security
• Mental health or cognitive impairment — conditions affecting the accused's awareness or intent at the time

Diversion and Non-Conviction Outcomes

For first-time shoplifting offences in Canberra, the court has several options that can result in no criminal conviction being recorded:

• Section 17 dismissal — the court finds the offence proven but dismisses the charge without recording a conviction
• Good behaviour order — conditional discharge with a period of good behaviour
• Restorative justice — the ACT's restorative justice program allows eligible offenders to participate in facilitated conferences with the victim as an alternative to prosecution

Frequently Asked Questions

Will I get a criminal record for shoplifting in the ACT?

A first-time shoplifting offence for low-value goods may result in no conviction if your lawyer successfully advocates for a section 17 dismissal or good behaviour order. Legal representation significantly improves the chances of avoiding a conviction.

Can I be banned from a shopping centre after a shoplifting charge?

Yes. Shopping centres can issue trespass notices independently of any criminal proceedings. Breaching a trespass notice is a separate offence.

I was caught shoplifting but the store did not call police. Can I still be charged?

Yes. Stores may report the matter to police later, and charges can be laid based on CCTV evidence and witness statements.

My child was caught shoplifting. What happens?

Young people in the ACT are dealt with under the Children and Young People Act 2008. The emphasis is on diversion, restorative justice, and rehabilitation. A criminal conviction is a last resort for young offenders.

Sentencing Options in the ACT

When a person is convicted of or pleads guilty to a criminal offence in the ACT, the court has a range of sentencing options under the Crimes (Sentencing) Act 2005 (ACT). Understanding these options is critical to preparing effective sentencing submissions.

Available Sentencing Orders

• Section 17 dismissal — the court finds the offence proven but dismisses the charge without recording a conviction. No penalty is imposed. This is the best possible outcome short of acquittal
• Good behaviour order (GBO) — a conditional discharge requiring the offender to be of good behaviour for a specified period (up to 3 years). Breach can result in resentencing
• Fine — a monetary penalty. The court considers the offender's financial circumstances
• Community service order — unpaid work in the community for a specified number of hours
• Intensive correction order (ICO) — a sentence of imprisonment served in the community under strict supervision. Conditions may include curfew, community service, drug testing, and program attendance
• Suspended sentence — a term of imprisonment that is suspended for a specified period. The offender serves the sentence only if they breach the conditions during the operational period
• Imprisonment — full-time custody. The court sets a non-parole period after which the offender may apply for release on parole

Factors the Court Considers

Under section 33 of the Crimes (Sentencing) Act 2005, the court must consider:

• The nature and circumstances of the offence
• The degree of the offender's culpability
• Any injury, loss, or damage resulting from the offence
• The offender's character, age, and physical and mental condition
• The offender's antecedents (criminal history)
• The prospects of rehabilitation
• Deterrence (both specific and general)
• The need to protect the community
• Any remorse shown by the offender
• Cooperation with law enforcement

Intensive Correction Orders (ICOs)

ICOs are a sentencing option for offences that would otherwise attract imprisonment of up to 2 years. They allow the offender to serve the sentence in the community under conditions such as:

• Regular reporting to Community Corrections
• Curfew (typically 9pm to 6am)
• Community service (up to 750 hours)
• Participation in rehabilitation programs (drug/alcohol, anger management, etc.)
• Electronic monitoring

Frequently Asked Questions

Can I avoid a criminal record if I plead guilty?

Yes. If the court grants a section 17 dismissal or conditional discharge, no conviction is recorded despite the guilty finding. This is possible for first offences and less serious matters.

What is the difference between a suspended sentence and an ICO?

A suspended sentence is a prison term that is not activated unless the offender breaches conditions. An ICO is an active community-based sentence with strict supervision, reporting, and program requirements.

Can a lawyer help reduce my sentence?

Yes. Sentencing submissions from an experienced criminal lawyer can make a significant difference. We present character references, evidence of rehabilitation, medical reports, and legal submissions on the appropriate sentencing range.

Youth Criminal Justice in the ACT

The Children and Young People Act 2008 (ACT) establishes a separate criminal justice framework for young people aged 10 to 17. The ACT system prioritises diversion, rehabilitation, and keeping young people out of the adult criminal justice system wherever possible.

Key Principles of Youth Justice in the ACT

• Detention is a last resort — the court must be satisfied that no other sentencing option is appropriate before ordering detention
• Best interests of the child — all decisions must consider the young person's wellbeing, development, and future prospects
• Diversion first — police and prosecutors are required to consider diversion before proceeding with charges
• Rehabilitation over punishment — sentencing focuses on addressing the underlying causes of offending
• Minimum intervention — the response should be proportionate to the seriousness of the offence

Diversion Options for Young People

• Police caution — a formal warning issued by police without court proceedings
• Restorative justice conference — facilitated meeting between the young person, their family, and the victim to address the harm and agree on outcomes
• Drug and alcohol diversion — referral to treatment programs instead of prosecution for drug-related offences
• Circle sentencing — community-based sentencing involving Aboriginal and Torres Strait Islander Elders for Indigenous young people

ACT Children's Court

Young people charged with criminal offences in the ACT appear before the ACT Children's Court, which sits within the Magistrates Court. Proceedings are closed to the public, and there are strict restrictions on identifying young offenders. The Children's Court has the same sentencing options as the adult Magistrates Court, with additional youth-specific orders.

Frequently Asked Questions

At what age can a child be charged with a crime in the ACT?

The minimum age of criminal responsibility in the ACT is 10 years. Children under 14 are presumed incapable of criminal intent unless the prosecution can rebut this presumption.

Will my child get a criminal record?

Many youth matters are resolved through diversion (cautions, restorative justice) without a criminal record. Even where a court finding is made, youth convictions are treated differently from adult convictions and may become spent more quickly.

Can my child be detained?

Detention is a last resort under ACT law. The court must consider all other options before ordering detention. Young people are detained at the Bimberi Youth Justice Centre in Canberra.

Should I get a lawyer for my child?

Yes. Legal representation significantly improves the chances of diversion, non-conviction outcomes, and appropriate sentencing. Our team has specific experience with the ACT Children's Court.

Trespass Offences in the ACT

Trespass in the ACT is governed by the Trespass on Territory Land Act 1932 (ACT) and provisions within the Criminal Code 2002 (ACT).

Common trespass charges include:

• Trespass on Territory land — entering or remaining on government land without authorisation
• Trespass on premises — entering or remaining on private property after being asked to leave or where entry is prohibited
• Trespass with intent to commit an offence — entering property with the intention of committing theft, damage, or another criminal act. This overlaps with burglary and attracts higher penalties
• Breach of a trespass notice — returning to premises after being served with a formal trespass notice (common for shopping centres, licensed venues, and government buildings in Canberra)

Penalties

Simple trespass in the ACT carries maximum penalties of 10 penalty units (approximately $1,600) or 6 months imprisonment. Trespass with intent to commit an offence can attract penalties equivalent to the underlying offence (e.g. burglary at 14 years). Breach of a trespass notice is a separate offence that can compound existing charges.

Defences

• Lawful authority or excuse to be on the premises
• Honest and reasonable mistake about whether the property was private or access was restricted
• The accused was not given a clear direction to leave
• The trespass notice was not properly served

Frequently Asked Questions

Can I be charged with trespass for entering a shop?

Shops are generally open to the public during trading hours. Trespass arises if you have been specifically excluded by a trespass notice, banned, or enter outside of permitted hours.

What is a trespass notice in the ACT?

A formal written notice prohibiting a person from entering or remaining on specified premises. Trespass notices are commonly issued by shopping centres, pubs, clubs, and government agencies in Canberra.

Is trespass a criminal offence or a civil matter?

Both. Trespass can be prosecuted as a criminal offence (with fines or imprisonment) and can also form the basis of a civil claim for damages by the property owner.

What is Restorative Justice?

Restorative justice is an alternative to traditional court proceedings. Under the Crimes (Restorative Justice) Act 2004 (ACT), eligible offenders can participate in facilitated conferences with victims to acknowledge harm, take responsibility, and agree on actions to repair the damage.

Who is Eligible?

Restorative justice in the ACT is available for:

• Young people (10–17 years) and adults
• Most criminal offences (some serious violent and sexual offences are excluded)
• Offences where the victim consents to participate
• Matters at any stage of the criminal justice process — before charges, after charge, after conviction, or as part of sentencing

How It Works

• Referral by police, prosecutors, defence lawyers, or the court
• A trained convenor facilitates a conference between the offender, victim, and support persons
• The offender acknowledges their conduct and its impact
• The parties agree on an outcome — which may include an apology, restitution, community service, or behaviour commitments
• Successful completion can result in charges being withdrawn, reduced, or considered favourably at sentencing

Benefits of Restorative Justice

• May result in charges being withdrawn or no conviction recorded
• Faster resolution than court proceedings
• Gives the victim a direct voice in the outcome
• Addresses the underlying causes of the offending behaviour
• Particularly beneficial for young people, first-time offenders, and APS employees seeking to minimise career impact

Frequently Asked Questions

Can restorative justice replace going to court?

In some cases, yes. If restorative justice is completed successfully at the pre-charge or pre-court stage, the police or prosecution may decide to withdraw the charges entirely.

Does the victim have to agree?

Yes. Restorative justice is voluntary for both parties. The victim must consent to participate.

Will it appear on my criminal record?

If charges are withdrawn following successful restorative justice, no conviction is recorded. If restorative justice occurs after conviction, it may influence the sentence but the conviction remains.

What Happens at a Police Interview?

If you are contacted by ACT Policing or the Australian Federal Police for an interview, understanding your rights is essential. The interview may be voluntary (you attend by agreement) or compulsory (following arrest). Either way, what you say can and will be used in evidence against you.

Your Rights During a Police Interview in the ACT

• Right to silence — you are not required to answer questions beyond providing your name and address. This is a fundamental legal right in the ACT
• Right to a lawyer — you can request a lawyer before and during the interview. Police must allow you a reasonable opportunity to obtain legal advice
• Right to an interpreter — if English is not your first language
• Right to have a support person present — particularly for young people and vulnerable persons
• Right to know the allegations — police must tell you why you are being interviewed and what offence is being investigated

When to Exercise Your Right to Silence

In most criminal matters, our strong recommendation is to exercise your right to silence until you have received legal advice. Common scenarios where this is critical:

• Police attend your home or workplace and ask you to "come in for a chat"
• You receive a phone call from detectives asking to discuss a matter
• You are arrested and taken to the watch house
• You are approached by the AFP about Commonwealth offences (fraud, drug importation, etc.)

Making admissions or providing an account during a police interview without legal advice can severely damage your defence, even if you believe you are innocent. Police are trained interviewers, and casual or well-intentioned statements can be interpreted differently in a courtroom.

Frequently Asked Questions

Do I have to go to a police interview?

If you have been arrested, you will be taken to the police station and the interview will occur there. If the interview is "voluntary," you can decline to attend or leave at any time. If police have issued a summons, you must attend court but are still not required to answer questions.

Can I have my lawyer present during the interview?

Yes. You have the right to have a lawyer present during any police interview. If you cannot afford a lawyer, you should request one through Legal Aid ACT or contact us for an initial consultation.

What if I already spoke to police without a lawyer?

Contact a criminal lawyer as soon as possible. We can assess what was said, advise on whether the interview was properly conducted, and develop a defence strategy that accounts for any statements made.

Are police interviews recorded?

Yes. In the ACT, police interviews for indictable offences must be electronically recorded. This recording can be used as evidence in court.