Criminal Law & Regulatory Offences

Criminal Law

Being charged with an offence can be a daunting experience. Understanding your rights and knowing where you stand is an important first step.

If you wish to defend the charges made against you, we can assist you every step of the way and represent you in Court. If you are charged with a serious matter we will work with prominent criminal barristers with the aim of achieving the best possible outcome.

If your prospect of successfully defending charges against you is poor, you need to know the benefits and implications of an early guilty plea. For first offences, penalties may only be a fraction of the maximum applicable penalties and in some instances you may be eligible to apply for a spent conviction.

Disciplinary Complaints & Regulatory Offences

The State Administrative Tribunal (SAT) regulates a large range of vocations. If a disciplinary complaint is brought against you by your vocational body you should consider engaging a lawyer to ensure that you have strong and effective legal representation. We can:

  • explain the process to you
  • advise you of your prospects of success
  • provide you with a realistic estimate of the time and cost so you can make an informed decision.

Many industries and commercial activities have become heavily regulated. Offences relating to construction and development for example can carry hefty fines. Our regular clients include builders and developers and we have experience with prosecutions relating to a range of matters including:

  • Commencement of construction without the requisite building permits
  • Use of land without approval or contrary to Local Planning Schemes
  • Prosecutions under Occupational Health and Safety legislation

Restraining Orders

There are different types of restraining orders namely a violence restraining order (VRO), a misconduct restraining order (MRO) and a Family Violence Restraining Order (FVRO).

We can represent you in Court in relation to restraining orders. For more detailed information in relation to restraining orders please visit www.magistratescourt.wa.gov.au.

Traffic Offences

We can represent you in respect to any traffic or traffic related offence. If you lose your licence you may be able to apply for an extraordinary licence if:

  1. You or your family members are unable to access urgent medical treatment for an existing illness, disease or disability.
  2. You would be deprived of the principal means of obtaining income.
  3. You or your family member would be deprived of the only practical means of travelling to and from a place of employment.

Spent Conviction

If you have been convicted of an offence then you will have a criminal record. It is possible to apply for a ‘spent conviction order’ which means that you may not have to acknowledge that you were convicted of an offence for most purposes. The order can be made either at the time of sentencing or after the expiry of a period of time (generally 10 years plus the length of any term of imprisonment for the conviction). The procedure will depend on the type of conviction.

A serious conviction is where the penalty given was imprisonment for more than one year, or a fine of $15,000 or more and in that event an application has to be made to the District Court. Spent conviction applications for a lesser conviction may be made to the Commissioner of Police. You cannot apply to have your old conviction spent, if the conviction resulted in a sentence of life imprisonment.

For further information or to book an appointment please phone Kelly on 6162 8271.

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