26 January

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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...

25 January

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What is drug diversion?

Posted by Shelby Smith

in Criminal Law & Offences, Uncategorised

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...

23 December

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

Posted by Potts Lawyers

in Criminal Law & Offences

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...

10 November

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Parole in Queensland

Posted by Michael Warren

in Criminal Law & Offences

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...

19 July

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

Posted by Lachlan O'Neill

in Criminal Law & Offences, Uncategorised

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...

01 June

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

Posted by Michael Warren

in Criminal Law & Offences

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...

29 March

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Youth Justice and Other Legislation Amendment Bill 2021

Posted by Michael Warren

in Criminal Law & Offences

On 25 February 2021, Hon Mark Ryan MP, Minister for Police and Corrective Services and Minister for Fire and Emergency Services, introduced the Youth Justice and Other Legislation Amendment Bill 2021 (the Bill) and referred it to the Legal Affairs and Safety Committee (the committee) for detailed consideration. The Bill amends the Youth Justice Act 1992 to respond to the characteristics of the offending behaviours of serious recidivist youth offenders and strengthen the youth justice bail framework. The amendments to the Youth Justice amendment build on the Queensland Government’s Five Point Action Plan, announced in March 2020, which complements the Youth...

11 March

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Animal Cruelty in Queensland

Posted by Michael Warren

in Criminal Law & Offences

In Queensland, the current legislation regarding animal cruelty is the Animal Care and Protection Act 2001 and the Criminal Code 1899. Animal Care and Protection Act 2001 superseded the Animals Protection Act 1925. The objectives of the Animal Care and Protection Act 2001 act was to achieve reasonable balance between the welfare needs of animals and the interest of people who keep animals. Further it was to maintain and legislate community expectations for how animals should be treated. When first released, any person found guilty of animal cruelty was liable to a maximum of 1,000 penalty units or a maximum of 2...

09 March

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Potts Podium March 2021

Posted by Potts Lawyers

in Criminal Law & Offences

The office of the Federal Attorney General has recently approved an extradition request with India for a person of interest in relation to the ongoing murder investigation of Cairns woman, Toyah Cordingley. While this is certainly a step toward finding the killer, caution is urged to temper expectations on how this order will progress the investigation. Former President of the Queensland Law Society and criminal lawyer, Bill Potts, has warned that the extradition process is a lengthy and uncertain one. Mr Potts refers to the hit and run incident which tragically killed Dean Hofstee in Melbourne over a decade ago. That...

16 January

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The law of double jeopardy in Queensland confirmed – Director of Public Prosecutions v TAL [2019] QCA 279

Posted by Adam Moschella

in Criminal Law & Offences, General Law News

An application pursuant to s678B of the Criminal Code 1899. Last month in a unanimous decision, the Queensland Court of Appeal dismissed an application brought by the Director of Public Prosecutions for an order pursuant to section 678B of the Criminal Code that a person be retried for a murder for which they were previously acquitted. This was the first occasion that a court in Queensland has heard such an application. Brief Background The respondent was charged with the deceased’s murder. The only issue at the respondent’s 1988 trial was the identity of the killer. The jury acquitted the respondent. The application arose as a...

Arrest Warrants

What is drug diversion?

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

Parole in Queensland

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

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

Youth Justice and Other Legislation Amendment Bill 2021

Animal Cruelty in Queensland

Potts Podium March 2021

The law of double jeopardy in Queensland confirmed – Director of Public Prosecutions v TAL [2019] QCA 279

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