Brisbane: (07) 3221 4999
Gold Coast: (07) 5532 3133
24 Hour Crime Line: 0488 999 980 or 18004POTTS
Brisbane
Level 1/420 George St,
Brisbane 4000
(07) 3221 4999
Gold Coast
44 Davenport St,
Southport 4215
(07) 5532 3133
24 Hour Crime Line
0488 999 980 or 18004POTTS

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Criminal Law & Offences

Potts Lawyers > Criminal Law & Offences

Rape Convictions Quashed Following Miscarriage of Justice

On the 18th of March 2022, the Supreme Court of Brisbane’s Court of Appeal division handed down a decision that effectively quashed two convictions of rape, and revealed an unsettling error of judgement that could have serious implications for court procedure and represents a failure of the justice system. While you may be aware of this recent development, what you may not know is that Potts Lawyers’ very own Sinead Garland was at the helm, acting as solicitor for the appellant. Her outstanding work led to an order to quash two convictions of guilt that were reached through unjust procedure, and...

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How will the Magistrates Court finalise my criminal matter?

Many different types of cases are heard in the Magistrates Court. If you have been charged with a criminal offence you will attend the Magistrates Court at some point. These commonly include minor offences such as: shop stealing & theft offences; disorderly conduct; traffic offences; low level assault charges; dishonesty offences and; drug offences. These are often referred to as summary offences which means they are not required to be transferred to higher courts such as the District or Supreme Court.  Instead, these offences can be dealt with in the Magistrates Court. This article outlines how the Magistrates Court can finalise these...

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Do I have to give police access to my phone?

For many of us mobile phones have become an essential tool that we rely upon on a daily basis for tasks including storing information, keeping our schedules, providing us with directions, accessing the internet and allowing us to communicate with others via calls, messages and emails. For this reason, phones have increasingly become a common source of evidence for police investigating criminal matters. Our lawyers commonly receive questions from clients regarding in what circumstances police can require a person to allow access to their phone, just how far these powers stretch and what rights people have to refuse access.   When can police...

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Queensland Magistrates Court FAQs

Written by Criminal Lawyer Cameron Browne. This article explains all of the must know information and answers the most frequently asked questions when attending a Magistrates Court in Queensland. What time do I need to attend the Queensland Magistrates Court? If you have received a notice to appear or signed a bail undertaking, you should attend at the time set out on that document, unless advised otherwise by a lawyer you have engaged. If your case has previously been adjourned off to another day, it is unlikely you will have a fresh notice to appear or bail undertaking.  The vast majority of days in...

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Arrest Warrants

The Police Powers and Responsibilities Act 2000 (Qld) gives police officers power to act in ways in which the law allows. In Queensland, there are two main warrants: Arrest Warrants Search Warrants This article relates to arrest warrants only. View our article on police search warrants here. What is an Arrest Warrant? Police may apply to a justice of the peace or Magistrate to get a warrant for the arrest of a person who has committed an offence. The police must make the application under oath and state the grounds in which the arrest warrant is sought. The justice of the peace or Magistrate...

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What is drug diversion?

Article by Shelby Smith – Criminal Lawyer What is drug diversion? The Illicit Drug Court Diversion Program (more commonly known as drug diversion) is a sentencing option for offenders pleading guilty to minor drug offences. This program allows the court to deal with the defendant by imposing a good behaviour bond with a  special condition that they attend a once off drug information and education session. A recognisance amount is attached to the good behaviour bond, which you are not required to pay unless you breach the bond. Drug diversion can be an excellent result for our clients because it means that the court...

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I have been charged with an offence in rural or regional Queensland. Can you represent me?

Our criminal lawyers represent clients all over Queensland. In fact, a significant portion of our work is representing clients in regional and rural areas. There are over 120 Magistrates Court locations across Queensland and our criminal lawyers can appear in every one. This article will explain how we act for clients in regional and rural areas. We are extremely experienced in this area and will achieve the best possible result regardless of the court location. Some of our most common regional and rural court locations include: Toowoomba; Mount Isa; Longreach; Emerald; Townsville; Bundaberg; Dalby; Gladstone; and Roma Do I need a local lawyer? The...

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Parole in Queensland

Upon being found guilty or by pleading guilty to an offence, a Magistrate or Judge must sentence you. There are various sentencing options available to a judicial officer when sentencing an offender, all of which range in seriousness and severity. The Penalties and Sentences Act 1992 (Qld) allows a Magistrate or Judge to imprison an offender for offences under a range of different legislation, such as the Criminal Code, the Drugs Misuse Act, the Police Powers and Responsibility Act and the Bail Act. For many sentenced jail, parole is a second chance without having to serve part or even the whole term of imprisonment...

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New Offences related to the Reporting of and Protection from Child Sexual Offences

The Criminal Code (Child Sexual Offences Reform) and other Legislation Amendment Bill (2019) has sought to improve the responsiveness of the criminal justice system to Child Sexual Offending and victims of Child Sexual Offences by amending a range of legislation. Of particular note are two new offences introduced to the QLD Criminal Code, which have come into effect on the 5 July 2021. As a result of these offences: all adults, who gain information causing them to reasonably believe that a Child Sexual Offence is being or has been committed against a child, must report that sexual offending to the police...

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Trial scheme to enable youth offenders to have GPS trackers placed upon their ankles

Bill Potts comments on new government package deal which allows youth offenders to have GPS trackers placed upon their ankles. The government recently announced as part of its package to deal with youth justice issues a range of responses broadly issues related to bail, and to allow a trial scheme to enable youth offenders to have GPS trackers placed upon their ankles. This we were told would have the effect of preventing crime. It also was said that the public could be satisfied that the government was doing practical steps to protect the public from youth crime. The statistics can be...

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