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CRACKDOWN ON CRIMINAL ORGANISATIONS | Decoding Control Orders in Queensland



Criminal organisation in Queensland | Control Orders | Creevey Horrell Lawyers

In Queensland's ongoing efforts to combat organised crime, Control Orders are pivotal.


Control Orders, introduced in 2016 under the Penalties and Sentences Act 1992, aim to disrupt the activities of organised crime groups. What are the intricacies of Control Orders, their purpose, implications, and the legal landscape surrounding them?


Criminal Organisation: Defined


A criminal organisation comprises three or more individuals who engage in serious criminal activities, posing a risk to community safety, welfare, or order.


Participation in a criminal organisation extends beyond "formal membership," encompassing various roles and associations within the group.


Understanding Control Orders


What are Control Orders? Control Orders are court orders designed to prevent, restrict, or disrupt an individual's involvement in serious criminal activity.


Control Orders allow courts to impose certain conditions aimed at curbing the activities of individuals associated with criminal organisations.


Control Order Conditions


Courts have discretion in determining the conditions of Control Orders, which may include restrictions on association, possession of weapons, movement, or communication methods.


Conditions are tailored to protect public safety and enforce compliance with the order, often targeting specific activities or behaviours deemed high-risk.


Mandatory or Discretionary Control Orders


Control Orders are mandatory for individuals convicted of crimes with a serious organised crime circumstance of aggravation.


Courts may also impose Control Orders on individuals convicted of serious offences or habitual consorting, providing flexibility in addressing criminal involvement.


Habitual Consorting


Habitual consorting refers to continued association with recognised offenders, even after receiving official warnings.

The law prohibits habitual consorting and empowers police to take enforcement actions, including issuing warnings and seeking compliance.


Breach of a Control Order


Breaching a Control Order carries significant penalties, including imprisonment for repeat offences.

Individuals may defend against breach charges by demonstrating a reasonable excuse for non-compliance.


The Importance of Legal Guidance


These legal measures are designed to tackle serious criminal activities and protect the community. However, navigating the complexities of Control Orders and their implications requires knowledge and guidance. Seeking legal support can help individuals understand their rights, comply with orders effectively, and address any legal challenges they may face.


Contact Creevey Horrell Criminal Lawyers


Based in Brisbane, Roma, Toowoomba, and Townsville.

Visit www.chcriminallawyers.com.au/contact-us to contact us today.



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