Brisbane: (07) 3221 4999
Gold Coast: (07) 5532 3133
24 Hour Crime Line: 0488 999 980 or 18004POTTS
Brisbane
Santos Place, Level 6, 32 Turbot Street,
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

Computer Hacking in Queensland

In today's interconnected world, businesses and individuals are increasingly reliant on computer systems to store and transmit sensitive information.   The Landscape of Computer Hacking in Queensland Queensland is said to have witnessed a surge in computer hacking incidents in recent years. In 2022-2023 Queensland accounted for 30% of the nation’s cybercrime reports[1]. In layman’s terms, people can be accused of activities such as identity theft, ransomware attacks, and phishing scams.   The Offence of Computer Hacking in Queensland Despite its prevalence, many people don’t appreciate exactly what constitutes computer hacking in Queensland. The charge covers much broader situations than just the traditional image of a tech genius using...

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Everything you need to know about an Adult Caution

What is an adult caution? An adult caution is a formal warning issued by the Police.  They can be available to people in certain circumstances. Adult cautions are provided when it is in the public interest to do so.  Issuing one avoids a matter being processed through the criminal justice system. They should not be confused with a routine verbal warning about undesirable behaviour, as they involve a more formal process.   What is the purpose of an adult caution? The purpose of adult cautioning is to: manage lower-end offending in a manner that positively contributes to behaviour change and reduced recidivism (i.e. the tendency of...

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Consent and Sex – The Changing Laws in Queensland and What You Need to Know

What is changing? On 11 October 2023, the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill (the Bill), which proposes a variety of amendments to the Criminal Code 1899 (the Code), was introduced to the Queensland Parliament. The Bill aims to change the definition of consent when engaging in sexual acts and the circumstances in which consent cannot be legally obtained.   What is consent? Under current Queensland law, consent is defined as something “freely and voluntarily given by a person with the cognitive capacity to give the consent”.   How is consent given? The law does not define how consent must be...

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Impoundment of motor vehicles – what you need to know

These are the questions we frequently receive from clients who are subjected to our vehicle impoundment laws: Can the police take my car? How can I get my car back? How long will the police keep my car? These questions often come from a place of stress and uncertainty when someone is charged with offences that trigger vehicle impoundment laws. This article aims to clarify when your vehicle could be impounded, how long the vehicle could be impounded for and the circumstances in which the vehicle may be released early.   Will the police impound my vehicle? Our law allows the police to impound your...

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Applying for Parole in Queensland: What You Need to Know

Do you have a loved one in prison who has a parole eligibility date coming up and who wants to apply for parole? Then this article is for you. Someone who has been given a parole eligibility date at sentence by the Court or who has had their parole orders cancelled will need to make an application to the Parole Board Queensland to be considered for release on parole. The parole system in Queensland plays a vital role in the criminal justice system. It offers a path for individuals convicted of crimes to reintegrate into society while under supervision. In Queensland, the...

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Intoxication and Criminal Charges

Worried that a nasty hangover could be the least of your concerns after a big night? It is not uncommon for people to find themselves doing things they wouldn’t usually do as a result of being intoxicated. Unfortunately, this can sometimes result in people waking up with a significant legal headache to accompany their physical one. Everyone has heard someone utter the line ‘the rum/whiskey/tequila made me do it’ after an embarrassing episode at some point or other, but does this line hold up in court? Is being intoxicated a defence to a criminal charge? The short answer in Queensland is that this will...

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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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Will My Matter Get Media Attention? What to be aware of when you have been charged with a criminal offence.

Introduction If you have been charged with a criminal offence, you may be concerned that your matter will attract publicity. Whether your intention is to plead guilty to your charges, or to fight them, concerns over media scrutiny are understandable.  The public interest in reporting on these events must be balanced against the administration of justice; as such it is important that you are aware of the possibilities when it comes to media exposure. Each matter is unique. If you or someone you know has been charged with a criminal offence, it is important that you are aware of the risk...

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Will I go to jail?

One of the first questions a criminal lawyer is often asked by a client that has been charged with a criminal offence is whether or not they will be required to spend time in custody at the conclusion of their matter. It is a fair and reasonable question to ask a criminal lawyer, however it is not always a simple question to answer.  The answer which is often provided is “it depends”, and that is indeed the case. Where or not a person is required to spend time in actual custody depends on a number of factors. The first is whether...

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I have been charged with a drink-driving offence. Does the QLD Alcohol Ignition Interlock Program apply to me?

We understand that the process of being charged with a drink-driving offence can be incredibly stressful. Not only do you need to consider the court process, but also any other consequences that may flow. Let’s consider the Queensland Alcohol Ignition Interlock Program and when it may apply to you. Does the Queensland alcohol interlock program apply to you? You will be required to complete the interlock program if you are charged and are found guilty or plead guilty to any of the following ‘high-risk’ drink-driving offences: Drive, or attempt to put in motion or be in charge of a vehicle under...

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