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NSW Community Service Orders and Subpoenas

Discussion in 'Criminal Law Forum' started by Victoria, 28 March 2015.

  1. Victoria

    Victoria Member

    28 March 2015
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    Hi, A is currently serving a sentence of 18 months community service. This is due to finish on 10 May 2015. On 30 April 2015, A is served a subpoena that requires her to produce a certain document in court on 11 May 2015. As this date will be the first time A has been able to leave Australia for a holiday in 18 months, A has already booked flights to New Zealand. Does A have to comply with this subpoena under criminal law?
  2. Ivy

    Ivy Well-Known Member

    10 February 2015
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    Hi Victoria,

    Someone else with a stronger background in criminal law may chip in here however as far as I am aware if you don't comply with the subpoena (for example, you ignore it), you would be liable for contempt of court. Not a great idea if you've just finished a community service order. However I believe that you can call the solicitors who served you with the subpoena and negotiate with them, for an extension for example.

    Otherwise you may have to change your flight.

    For more information, here's a good summary of what to do when you have been served with a supboena: "You've been served": A quick refresher on responding to subpoenas to produce documents | Clayton Utz
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