AUSTRALIAN CRIMINAL LAW SPECIALISTS

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Forensic procedure applications

These are not merely procedural applications made by the police. In essence, they are trying to get more evidence against you. In some cases the successful challenge of a forensic procedure application by us has led to charges being withdrawn or not even laid in the first place. Importantly, a forensic procedure application is: “… not to enable investigating police (or other authorised persons) to identify a person as a suspect: it is to facilitate the procurement of evidence against a person who is already a suspect”: Orban v Bayliss [2004] NSWSC 428 at [31]. So unless the police already have some evidence to show that you are actually a suspect, their application will usually fail.

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"He's got a very good tactical mind and is good with strategy ... great advocacy and comes to grips with the evidence."

The Sunday Telegraph, 2013

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