Recording Conversations The Surveillance Devices Act 1998 (WA) regulates the use of surveillance devices in Western Australia. It also restricts the communication and publication of information obtained through the use of surveillance devices. When is it an offence to use a listening device? It is an offence to install, use, or maintain a listening device to record a private conversation whether or not the person is a party to the conversation. This prohibition is only for private conversations. A listening device can be used where the conversation is not private. Private conversations do not include conversations where those involved should have reasonably expected that the conversation may be overheard. For example • A conversation between two people in a crowded food court that is loud enough for the person seated next to them to hear would not be private. • A conversation between two [...]

Restraining Orders Max Crispe Barristers & Solicitors are skilled practitioners and have significant experience in Restraining Order Matters. We represent clients in all restraining order matters whether as an applicant or respondent. We also represent clients who have breached a restraining order or police order. Our solicitors aim to resolve matters expediently and, in our clients’ best interest. We have listed the restraining orders currently available in WA. Family Violence Restraining Order A Family Violence Restraining Order (FVRO) protects a person from violence, threats of violence or any other behaviour that coerces or controls them or that causes them to be fearful. An FVRO can be obtained against a partner, ex-partner or another family member, such as a brother, sister or child. Since 25 November 2017, the National Domestic Violence Order Scheme commenced. From this date, every new family violence restraining order and police [...]

Police Investigation Powers and Procedures Police have wide powers to carry out investigations and arrest people suspected of committing an offence. If you are arrested, police are obliged to make it clear that an arrest is being made and why it is happening. When police place a person under arrest, that person is technically placed into the custody of the police. Police cannot use excessive force to make an arrest. When Can a Police Officer Make an Arrest? A police officer can arrest a person for a serious offence if they suspect that the person has committed, is committing or is just about to commit an offence. A serious offence includes one where the penalty is or includes a term of imprisonment of five years or more, or a breach of a Violence Restraining Order. Where a police officer suspects that an offence has [...]

Spent Conviction Applications When a person is convicted in any Court for a criminal offence, the details of that offence will be documented on their criminal record. A criminal conviction can cause major complications for future employment or travel. Increasingly, employers are expecting future employees to complete a Police Clearance as part of their job applications. If you have been charged with a criminal offence and you do not have a criminal record you may be entitled to an immediate spent conviction order. The benefit of an immediate spent conviction means that a search, even if authorised by you for an employer to do or a prospective employer, will reveal you have no criminal record. There are some circumstances that are set out in the Act where a prospective employer can look behind the spent conviction order but they are rare. They include circumstances [...]

Search Warrants under Section 42 Criminal Investigation Act, Misuse of Drugs Act and the Crimes Act Police have the power to search you as a person or your property at any time with your consent. Search warrants give Police the power to search for a certain thing or a certain person in a place or vehicle without your consent. There are several different types of warrants but there are some common issues between each type of warrant that you should be aware of: SEARCHING WITH A WARRANT OBTAIN A COPY OF THE WARRANT Before Police enter a place to conduct a search or as soon as possible thereafter, they must give you a copy of a warrant if there is one. Police must also identify themselves by giving you their name, rank and Police number. CHECK THE WARRANT CONTAINS THE CORRECTION INFORMATION The warrant [...]

Calculation of Blood Alcohol in Road Traffic Offences under the Road Traffic Act We talk about blood alcohol reading, however, it is really a reading taken from a breathalyser machine. The legislation provides that an alcohol reading taken from a continuous breath deep from the lungs is deemed by law to be a blood alcohol reading. The Road Traffic Act makes the following assumptions to calculate a driver’s blood alcohol: TIME OF OCCURRENCE This is intended to be the time you were stopped or the time of an accident if Police attend. This time is critical because it is necessary to calculate a person’s reading back to the actual time of alleged driving using a special formula. TIME OF TEST Here we are talking about not the test on the side of the road which is called the preliminary test, we are talking about [...]

Drug Prosecution Information Whether a matter proceeds to the District Court or stays in the Magistrates Court is a question that we are often asked by our clients. The answer depends on the prohibited drug and the amount of the prohibited drug. Matters, as you will see, are viewed far more seriously if they end up in the District Court. In matters dealing with prohibited drugs there is also an extra issue to be faced and that is that once you are found in possession of a prohibited drug above a quantity set in the Misuse of Drugs Act, you are deemed to be in possession with intent to sell or supply to another. That concept includes sell, swap, barter, look after or any form of dealing. Each of the prohibited drugs has a set weight in grams above which that presumption to sell [...]

Know Your Rights and Obligations Criminal Offences Q: I am under investigation for a criminal offence do I need to answer questions? What is my obligation? A: Your obligation is to give your name and address and your date of birth. It is well known among Perth criminal lawyers that Police will use techniques that are completely legal to obtain information from a suspect, that includes engaging you in social conversation to break the ice and to get you talking. You may have a view that a failure to provide an explanation indicates you are guilty or if you have done nothing wrong why not answer questions. Put that completely out of your mind. There is no adverse inference or suggestion that can be made against you if you do not answer any of the questions. In all matters there is a presumption of [...]