08 July

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What can I Expect if I Have Been in Possession of Child Exploitation Material (‘CEM’) in Queensland?

It is an offence in Queensland for a person to be in possession of Child Exploitation Material. Section 228D of the Queensland Criminal Code states that the maximum penalty for a person who knowingly possesses child exploitation material is 14 years imprisonment. What is Child Exploitation Material? Child Exploitation Material, referred to as ‘CEM’ is defined as material that, in a way likely to cause offence to a reasonable adult, describes or depicts a person, or a representation of a person, who is, or apparently is, a child under 16 years – (a) In a sexual context, including for example, engaging in a sexual...

22 June

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High price to pay for trial (Gold Coast Bulletin Article)

Posted by Potts Lawyers

in Criminal Law & Offences, General Law News

Potts Lawyers, Bill Potts, instructed by Danielle Hanson, acted for Mr Teeroovengadum in the recent trial where the Australian taxpayers footed the bill to return him to the country to face charges of alleged sexual assault offences. Read more below: View the original article on the Bulletin's website....

13 June

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Stealing – what is it and what are the penalties?

Posted by Jack Bendall

in Criminal Law & Offences

Stealing, it sounds simple doesn’t it? Don’t take something that is not yours or you will be punished. This is far from the case. Stealing in Queensland is a criminal offence that is dealt with seriously by the courts and when you look at the offence in more detail, you will find that it is complex and can arise in a wide range of circumstances. What is the definition of stealing? What is the penalty for stealing? What court deals with stealing? These are questions that our team receive frequently when advising those charged with stealing offences. This article aims to break down...

12 May

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Rape Convictions Quashed Following Miscarriage of Justice

Posted by Billy Gee

in Criminal Law & Offences

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 - Criminal Lawyer 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...

08 April

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How will the Magistrates Court finalise my criminal matter?

Posted by Jack Bendall

in Criminal Law & Offences

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...

06 April

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Do I have to give police access to my phone?

Posted by Andrew Hanlon

in Criminal Law & Offences

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...

21 February

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Queensland Magistrates Court FAQs

Posted by Cameron Browne

in Criminal Law & Offences, Uncategorised

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...

26 January

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Arrest Warrants

Posted by Mark Williams

in Criminal Law & Offences

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...

What can I Expect if I Have Been in Possession of Child Exploitation Material (‘CEM’) in Queensland?

High price to pay for trial (Gold Coast Bulletin Article)

Stealing – what is it and what are the penalties?

Rape Convictions Quashed Following Miscarriage of Justice

How will the Magistrates Court finalise my criminal matter?

Do I have to give police access to my phone?

Queensland Magistrates Court FAQs

Arrest Warrants

What is drug diversion?

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

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