The Corruption and Crime Commission (CCC) has wide and extensive powers to investigate allegations of serious misconduct against Western Australian public officers including WA Police, government departments, government instrumentalities, boards, public universities and local governments.
If you are summonsed by the CCC to be examined then under the not to disclose restricted matter provisions you are not allowed to tell anyone, except your lawyer, that you have even received the summons let alone being compelled to undergo examination by the CCC. If, without reasonable excuse, you refuse to present for examination then the CCC has powers to imprison you.
The examination is held before the Commissioner of the CCC and can last anywhere from a day to weeks. When asked a question by Counsel Assisting the Commissioner or by the Commissioner you must answer truthfully even if the answer you give incriminates you. The consequences of not being truthful can also result in imprisonment.
Once the examination is completed you’re not permitted to tell anyone what transpired at the examination until you are released and allowed to do so by the CCC.
Should the Commissioner after weighing all the material before the CCC make a finding of serious misconduct amounting to corruption then it is most likely that the CCC will refer the matter to WA Police (WAPOL) or further investigation and charging depending upon the nature of the case. The CCC has no powers to charge or prosecute a person or company they are simply and investigation and then a referring agency.
If WAPOL decides to charge you then you will be arrested and charged and your case then handed to the Director of Public Prosecutions DPP for prosecution if that is the decision reached by the DPP.
If you have been summonsed by the CCC for examination or you suspect that you are under investigation or suspect that you will be summonsed then call us at Criminal-Lawyer-Perth on 0422 656 589 to make an appointment with one of our experienced lawyers to discuss your case.
The above represents information only and is not to be taken as providing legal advice. It is purposely written in non-technical legal language in order to be understood by a wide audience of people from all types of backgrounds. If you want to know more about this topic you are advised to visit our website and contact us at Criminal-Lawyer-Perth, or call one of our criminal lawyers directly on 0422656589 or 0411185071, or speak to a lawyer of your choosing.