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What is a prohibited person?

Understanding legal terms and their implications is critical when facing legal proceedings. One such term that often surfaces is 'prohibited person'. So, what exactly does this entail, and how might it impact an individual? Stary Norton Halphen will help you understand the precise implications for you. But having a general understanding of the phrase may be useful.

Let's delve deeper into the concept of a prohibited person, its consequences, and the importance of seeking the proper legal counsel.

Defining 'Prohibited Person.'

A prohibited person is someone who must not be issued a firearms licence. A prohibited person will not be allowed to retain a firearms licence or possess, use or carry a firearm.

There does not need to be a formal declaration for someone to be considered a prohibited person; a prohibited person is a status. You may not even realise you are a prohibited person.

This means that a person is not declared a prohibited person (for example, by a court), they automatically become one if they meet the definition provided in section 3 of the Firearms Act 1996.

You may be a prohibited person because:

  • You have been found guilty of specific criminal offences in Victoria or any other Australian State or Territory;
  • You are a respondent in a final intervention order under the Family Violence Protection Act 2008 or the Personal Safety Intervention Order Act 2010 in Victoria or equivalent legislation in other states and territories.

Duration of Prohibition 

The duration of your prohibition status will depend on why you have been declared a prohibited person. 

If you become prohibited because of criminal offending, you may remain prohibited for many years. 

If you become prohibited because you are the respondent in a final intervention order you will remain prohibited during the order and for five years after the expiry of the intervention order unless you are deemed to be non-prohibited by a court.

The Importance of Proper Representation: Why Legal Counsel is Crucial

The implications of being termed a 'prohibited person' extend far beyond just a title. It affects one's daily life, from employment opportunities to personal relationships and societal interactions. Given the weight of such a designation, it's imperative to have the backing of robust legal representation.

A seasoned criminal lawyer, especially one acquainted with Victoria’'s legal system can offer invaluable guidance.

Penalties for Non-Adherence

Being a prohibited person restricts what you can do. If you possess, use or carry a firearm, you are committing a serious criminal offence.  

Legal Ramifications:

  • Fines: One of the most immediate consequences can be hefty fines. These are not just nominal penalties but can run into thousands of dollars, putting significant financial strain on the violator.
  • Community Corrections Orders: A community corrections order (CCO) is a court-imposed order. The order has core conditions that restrict your ability to travel. It may also have conditions to complete unpaid community work or engage in treatment and rehabilitation. 
  • Imprisonment: More severe breaches can result in custodial sentences. Depending on the gravity of the non-compliance, this could range from short-term jail sentences to extended periods of incarceration.

Finding a Criminal Lawyer in Melbourne

Navigating the legal system requires expertise and a keen understanding of criminal law. For those based in or around Melbourne, the assistance of a criminal lawyer in Melbourne becomes indispensable. Their expertise ensures that your rights are championed, and any potential pitfalls or challenges are adeptly managed. Seeking proper legal counsel is not just a prudent choice; it's a necessity.

What is a prohibited person?

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Doyle's Guide First Tier Criminal Law firm (2020, 2021 and 2022).