Articles
Get clarity on criminal charges, court processes, and police powers with expert legal articles from Stary Norton Halphen & Galbally, Victoria’s experienced specialist criminal defence lawyers.
How to Apply to Suspend Sex Offenders Registration Act (SORA) Reporting Obligations in Victoria
Overview of how SORA reporting obligations operate in Victoria and the limited circumstances in which suspension or exemption from the Sex Offenders Register may be applied for.
Mandatory Minimum Sentences in Australia: Balancing Justice and Judicial Discretion
Mandatory minimum sentences require courts to impose a set minimum penalty regardless of circumstances. This article explains how they operate in Australia, their impact on judicial discretion, and the High Court’s approach in Hurt v The King.
Balancing Fair Trials and Witness Support in Sexual Offence Proceedings
The High Court’s decision in DPP v Smith highlights the tension between ensuring a fair trial and supporting complainants in sexual offence proceedings, raising important questions about modern criminal court processes.
How Long Do Police Have to Investigate a Crime in Victoria?
Understanding how long police have to investigate a crime is an important issue for anyone who is the subject of, or affected by, a criminal investigation in Victoria.
Can I Get My Firearms Licence Back After an Intervention Order (IVO) in Victoria?
A common question is whether it is possible to regain a firearms licence after an IVO has been made. The answer depends on the type of order, whether it is final, and whether a person is classified as a “prohibited person” under the Firearms Act 1996 (Vic).
What Are Sex Offender Reporting Conditions in Victoria?
Being convicted or found guilty of a sexual offence in Victoria can result in a range of serious consequences beyond the sentence imposed by the court. In addition to sentencing, a person may be placed on the Sex Offenders Register under the Sex Offenders Registration Act.
Can a Protected Person Breach an Intervention Order (IVO) in Victoria?
Intervention Orders (IVOs) in Victoria are often misunderstood, particularly in relation to the role of the protected person. A common question is whether a protected person can breach an IVO if they initiate contact with the respondent.
Can police search my house?
For many people in Victoria, the idea of police entering and searching their home can be confronting and confusing. While police do have powers to conduct searches in certain circumstances, those powers are strictly regulated by law.
Can Lawyers Attend Police Interviews in Victoria?
In most cases, individuals are entitled to seek legal advice before and during a police interview, and in appropriate circumstances, a criminal lawyer can attend the interview to provide assistance.
Does a Conviction Stay on Your Record Forever in Victoria?
A conviction can have ongoing consequences, affecting employment, travel, housing, and other aspects of daily life. Understanding how long a conviction stays on your record in Victoria—and whether it can be removed—is essential.
What Details Do I Have to Give the Police in Victoria?
Interactions with police can occur in a range of situations, including roadside stops, public encounters, or formal investigations. Understanding what information you are legally required to provide—and when you can refuse—is essential to protecting your rights.
Can I travel overseas with a criminal conviction?
Travelling overseas with a criminal conviction can raise complex legal and practical issues. While a conviction does not automatically prevent you from leaving Australia, it may affect your ability to enter other countries.
Can police search my car?
Driving on Victorian roads comes with legal obligations and responsibilities. While these laws are designed to promote road safety, they often raise important questions about police powers— particularly whether police can search your car.
What is a Prohibited Person in Victoria?
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?
Firearms Prohibition Orders in Victoria
In Victoria, Australia, owning or operating a firearm comes with legal responsibilities. For individuals needing guidance, criminal lawyers in Melbourne offer expertise in navigating this intricate landscape. One of the pivotal aspects of firearm regulations is understanding the Firearms Prohibition Order (FPO).
How do I revoke an intervention order in Victoria?
An intervention order (IVO) is a legal order that prohibits a person from certain behaviours towards another person. It is designed to protect a person from physical, emotional, or psychological harm, harassment, or intimidation.
Can I go to jail for a driving offence?
In Victoria, there are a range of driving offences that can result in jail time. While many driving offences may seem minor, the penalties can be severe, especially if you have a history of similar offences.
What Is The Penalty For Driving Under the Influence Of Drugs?
Driving under the influence of drugs in Victoria carries serious penalties, including fines, licence disqualification, and possible imprisonment.
What Happens When You Breach An Intervention Order?
Intervention orders, which commonly may be known as restraining orders, are legal documents issued by the court to protect individuals from threats or acts of violence. They prohibit individuals from engaging in certain activities and are aimed to increase the safety of protected persons.
Government Response to High Court Decision on NZYQ Lacks Humanity
In November 2023, the High Court handed down a decision that has led to a political and media response centred around fear, a lack of compassion and, troublingly, a disregard for equal treatment before the law.