Not all criminal defence is created equal.
When everything is at risk, early advice from our leading Brisbane criminal lawyers is critical.
Early steps will affect the outcome.
Have the CCC contacted you to attend a compulsory examination?
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Choosing the best CCC lawyer in Qld
If the Crime and Corruption Commission issues you a summons for a compulsory examination, time is critical.
You should seek immediate legal advice from an experienced criminal lawyer.
These examinations carry serious risks, including the possibility of being charged with a criminal offence.
You need strategic legal advice from Brisbane’s leading criminal lawyers. The early steps will affect the outcome.
If you are issued a notice to attend a Coercive Hearing, seeking early advice is critical.
Call us, or fill in our Quick Enquiry form to receive a link to our free guide, 16 Things You Need to Do Now if Charged with a Criminal Offence.
What is the CCC?
The Crime and Corruption Commission (CCC), operates in the public sector of Queensland to investigate and reduce major crime and corruption.
The CCC has special powers of investigation including search, surveillance, and seizure powers. They can also conduct hearings compelling persons to attend and give evidence and product documents and other material.
Areas of CCC investigations
Our CCC lawyers have experience in representing clients being investigated by the CCC. The CCC usually investigates major criminal offences including:
Corruption
If you have been issued with a notice by the CCC requiring your attendance at an investigative hearing (coercive hearing), you should not discuss the notice with anyone, except for your lawyer. It is a criminal offence to discuss the notice with anyone other than your lawyer.
These hearings are secretive and complicated, and depart from the usual procedural requirements of most court proceedings. It is crucial to seek early advice from an experienced CCC lawyer to protect your interests.
How can a lawyer help at a coercive hearing?
Before attending a hearing, our law firm can give you advice about your rights, obligations, and legal options. We will take the time to understand your background and the circumstances leading to the CCC investigation so that we can give you specific legal advice before you face the crime and corruption committee. We will take a statement from you so that we understand your facts. This process is confidential.
Our role is to also ensure that the hearing is conducted according to the law and that you understand your rights in preserving any claims for privilege.
During the hearing, we will:
Make sure that the questions are fair and understandable;
Seek breaks on your behalf as necessary to give advice;
Ensuring the questions asked are within the scope of the notice;
Conduct re-examination if there is an answer which needs to be clarified for the record.
What happens at the coercive hearing?
The hearing takes place in a private setting similar to that of a courtroom. However, it is closed and private. Persons in the room include the presiding officer, you and your lawyer, counsel assisting the hearing, and the police.
The presiding officer is similar to that of a Judge and sits in the middle. However, their function is not to make any finding. They are to ensure that the hearing is conducted according to the law. The purpose of the hearing is to find the truth.
At the commencement of the hearing, you will be asked to take an oath or affirmation before answering any questions. The presiding officer will then explain the laws relating to the hearing.
Counsel assisting will start by asking you questions. Throughout this process you are allowed comfort breaks or to speak to your lawyer. Questioning can be short and take a few minutes, or it can be lengthy and take a few days.
Because it is compulsory to attend and answer questions truthfully, any refusal to cooperate could result in an offence punishable by imprisonment.
Ultimately, if you are involved with a CCC investigation in any capacity, seek immediate legal advice. Our criminal defence lawyers are available for strategic advice now.
FAQ - Coercive Hearings at the Crime & Corruption, Commission
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Yes. At a Crime and Corruption Commission (CCC) coercive hearing, you are legally required to answer questions. This is different from the usual right to silence. Refusing to answer can be a criminal offence and may result in imprisonment.
You must answer even if your answers may incriminate you. The law allows you to claim a general protection (sometimes called a blanket immunity) at the start of the hearing. This means your answers cannot later be used against you in criminal proceedings, except if you are charged with perjury for lying in your evidence. However, the information you provide may help investigators locate other admissible evidence.
The CCC may already have surveillance, phone intercepts, or other material before you are questioned. If your answers do not match that evidence, they may put it to you directly.
It is important to:
Answer truthfully, but do not guess if you do not remember.
Make sure you fully understand the question before responding.
Be aware that failing to cooperate has serious consequences.
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Outcomes vary. In some cases, no further action is taken and the matter ends. In other cases, police may lay criminal charges if enough evidence exists. Charges can occur immediately or after further investigation.
Because of the serious legal risks, you should seek legal advice before attending a CCC coercive hearing.
An experienced CCC lawyer in Brisbane can explain your rights, assist you with claiming immunity, and help you prepare for the questions you may face.
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Yes. You are allowed to have a lawyer present during the hearing.
Your lawyer can advise you about claiming immunity, objecting to certain questions, and ensuring you understand what is being asked.
However, your lawyer cannot answer questions for you.
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A CCC coercive hearing is not a trial. It is an investigative process where normal rules, such as the right to silence and privilege against self-incrimination, are limited.
Proceedings are held in private and there is no jury or public gallery.
The focus is on gathering intelligence and evidence rather than deciding guilt or innocence.
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Giving false or misleading evidence at a CCC hearing is a criminal offence. You can be charged with perjury, which often results in actual imprisonment. As such, it is critical to seek advice as to the best strategy for your case.
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Yes. Hearings are held in private and strict secrecy provisions apply. You may be prohibited from discussing your evidence or even revealing that you attended. Breaching these secrecy requirements can itself be a criminal offence.
Facing serious charges in Qld?
If you or someone you know needs urgent legal advice, contact us now.
Call us on (07) 3012 6531 or fill in our Quick Enquiry form for a confidential discussion with our Brisbane criminal lawyers.