NSW and Australian Criminal Intelligence Commission Criminal Law Specialists
What are the functions of the Crime Commissions?
The New South Wales Crime Commission (NSWCC) and the Australian Criminal Intelligence Commission or ACIC (formerly Australian Crime Commission or ACC) are organizations authorised by legislation with significant powers to investigate serious criminal offences, to investigate the activities of persons of interest or persons suspected of being involved in criminal activity or having knowledge of criminal activity. Such activity can include for example murder, drug supply, guns and arms dealing, violence offences, money laundering and corruption.
If you are before the Crime Commission, criminal defence lawyers that can advise you of your rights are essential.
At Nyman Gibson Miralis, we fully understand your rights and obligations. We know the exacting detail required in the preparation of financial affidavits and legal documents that must be filed or lodged under compulsion.
Can you claim the right against self incrimination at the Crime Commission?
There is no right against self incrimination in proceedings in the Crime Commission. A person appearing before a hearing is compelled to answer all questions and must be acutely aware of when it is appropriate to object to answering a question to protect their future legal rights. Failure to do so can have extremely serious consequences.
Failure to answer a question can lead to arrest for contempt. By following the advice of one of our criminal defence lawyers, a person giving evidence or dealing with the Commission will not find themselves the subject of a prosecution for perjury.
Can the Commissions restrain property and on what grounds?
The Commission has the power to seek and obtain Property Restraining Orders from the Supreme Court. Such Orders stop a person from dealing with or disposing of their property pending an investigation into their financial position.
This can involve an Examination Hearing in the Supreme Court where all financial records, including bank statements and accounts, taxation records and business records are scrutinized. The Commission may try and determine whether a person is living above their means, or living off or profiting from the proceeds of crime.
Persons caught for example with drugs in their house might risk losing the house – including the share of any joint tenant, such as their spouse. Cars, boats, jewellery and cash are regularly seized and often forfeited.
It is important to know that you do not need to be convicted or even charged with a criminal offence to find yourself before the Commission.
The penalty for being improperly represented, or unrepresented could be significant.