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Author: Erin Mitchell

Potts Lawyers > Articles posted by Erin Mitchell

The Queensland Intermediary Scheme (QIS)

What is the Queensland Intermediary Scheme? The Queensland Intermediary Scheme (also known as QIS) is a pilot program currently operating in the Brisbane and Cairns courthouses. Following the Royal Commission into Institutional Responses to Child Sexual Abuse, the QIS was implemented as a two-year pilot program, but is anticipated to be extended. The Scheme is designed to support individuals with cognitive disabilities, such as intellectual impairments or autism, when they are involved in the criminal justice system. The scheme provides trained intermediaries who assist these individuals in communicating effectively with the police, legal professionals, and the courts. These intermediaries ensure that...

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I’ve never been in any trouble before, but I have just been charged with a criminal offence. What are 5 things I need to know?

It can be very daunting the first time you are charged with an offence. We appreciate that when you have never been through the process before, there are probably a thousand and one questions going through your head, that you are stressed and need some guidance. Our lawyers are here to help you. In the meantime, we have answered five of the most common questions below.   1.    Should I give a police interview (also known as a record of interview)? If a person has the opportunity to call a lawyer before they speak to Police or participate in a record of interview, they may...

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What is a QP9?

By Erin Mitchell What is a QP9, where do I get it from and what do I do if it contains incorrect information? What is a QP9? A QP9 (also known as a Court Brief) is a document prepared by the Queensland Police Prosecutions when a person is charged with an offence. It outlines the exact charge/s against you and a summary of the alleged facts of the offence. It is also usually accompanied by a copy of your criminal and/or traffic history. It can contain other important information such as a summary of what other evidence might exist (eg. CCTV footage);...

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Over $2 million worth of Covid-19 fines issued in Queensland!

On Saturday 2 May, Queensland’s Home Confinement, Movement and Gathering Direction was amended to ease the restrictions on staying home. The main amendment being that people are now allowed to leave their home for recreation within a 50 kilometre radius of the person’s principal place of residence.   “Recreation” has been defined to mean an activity engaged in for pleasure or for mental health benefits, including: motorcycle riding, jet skiing, boating and other forms of personalised transport; driving a motor vehicle, including for a learner driver to accumulate driving hours to comply with logbook requirements for the learner driver’s practical driving test, but...

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Did you know that you could get done drink driving on an electric scooter?

Article by Erin Mitchell, Senior Criminal Lawyer On Saturday 13 January 2019, a man in his 40s was intercepted by Police in Brisbane riding one of those new green electric scooters that you see parked around the Brisbane CBD. It is alleged the man was riding the scooter without a helmet and proceeded through a red light without stopping. When Police intercepted him, they breathalysed him and he returned a reading of 0.174% blood alcohol concentration (BAC). The man was charged with driving under the influence – a high range drink driving offence, given the reading was over 0.15% BAC. Can this be correct? Can...

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Queensland Drug and Alcohol Court

Article by Erin Mitchell, Senior Criminal Lawyer Queensland Drug and Alcohol Court So many of our clients, and their families, ask if there is some type of penalty option where a person can be ordered to attend a rehab facility instead of jail and for a number of years, the answer has been “no”.  Today, 29 January 2019, marks one year since the Queensland Drug and Alcohol Court commenced in Brisbane. As criminal defence lawyers, we were relieved to see such an important feature of our criminal justice system re-established. The Drug and Alcohol Court QLD has a focus on assisting those persons...

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