Criminal Law Archives - Potts Lawyers

19 May

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What Happens in a Criminal Trial in Queensland?

What Happens in a Criminal Trial in Queensland? Understanding what happens during a criminal trial can help ease uncertainty if you or someone you know is facing criminal charges. This article provides a clear overview of what to expect in Queensland criminal courts, including how trials work, who decides the verdict, and what happens at each stage. Will There Be a Jury in a Criminal Trial? A jury will only be present if the criminal trial is held in the District Court or Supreme Court. These are Queensland's higher courts and deal with indictable offences that are too serious to be dealt with...

10 March

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Right to Silence Queensland: What You Must Tell Police and When

Posted by Potts-Lawyers

in Criminal Law

Right to Silence in Queensland: What You Must Tell Police and When “You have the right to remain silent.” Most people believe this statement always applies. However, the right to silence in Queensland is not absolute. While police cannot force you to answer every question, the law does require you to provide certain information in specific situations. If you refuse in those circumstances, police may charge you. Understanding when you must speak and when you can remain silent protects your legal position. Below, we explain how the right to silence works in Queensland, what information you must provide, and when you should contact a...

02 March

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Department of Child Safety Investigations Into Alleged Harm of a Child (Carers in Queensland)

Posted by Jean Choi

in Criminal Law

Child Safety Investigation for Carers in Queensland Department of Child Safety Investigation Into Alleged Harm of a Child as a Carer If you are a carer and have received a letter from the Department of Child Safety requesting an interview about alleged harm of a child, it is critical to seek independent legal advice immediately. A Department of Child Safety investigation for carers can feel overwhelming, especially when you do not know what the process involves or what the possible outcomes may be. At Potts Lawyers, we offer a 20-minute obligation-free consultation. Contact our team on 07 5532 3133 to speak with an experienced...

15 January

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Can I Change the Conditions of My Bail in Queensland?

Posted by Adam Veneran

in Criminal Law

If you are currently on bail for a criminal matter in Queensland and are considering a bail variation in Queensland, you will have signed a bail undertaking. This is a legal document that sets out the conditions you must follow while your case is before the court. Sometimes circumstances change, and it becomes difficult to comply with your bail conditions. You may have moved house, changed jobs, or developed new personal obligations that affect your ability to meet your current requirements. If this happens, you may be able to apply for a bail variation in Queensland. This article explains how bail variations work...

15 January

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Crime and Cross-Border Operations: Strengthening Australia’s Borders

Posted by Potts-Lawyers

in Criminal Law

Organised crime groups often take advantage of state borders to carry out illegal activities, making things more difficult for law enforcement. To tackle this, Queensland is attempting to meeting this head-on by ex-Qld Police Union President Ian Leavers as Queensland’s first-ever Cross-Border Commissioner. This role was established to address the unique challenges faced by communities along Queensland’s borders, particularly concerning cross-border crime. This includes the borders of New South Wales and Northern Territory. Types of Cross-Border Offences Cross-border offences encompass a range of illegal activities that transcend state or national boundaries. Common examples include: Drug Trafficking: The transportation and distribution of illicit substances...

20 December

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Small Voices, Big Protection: Police Interviews of a Child

Posted by Colleen Battersby

in Criminal Law

Picture this: You’re 16 years old, you’re out with your friends and you receive a call from a No Caller ID. You answer the phone and it’s the police on the other end. They tell you that they want to speak with you in relation to a suspected criminal offence. Perhaps you had a few drinks with your friends one night and got into a fight – the police may be investigating an assault offence. Or perhaps you engaged in sexual activity with someone, and that person has gone to the police to make a formal complaint of sexual assault...

24 August

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What to know about committal hearings

Posted by Jack Bendall

in Criminal Law

What is a committal hearing? A committal hearing is part of the committal stage for indictable matters and it occurs in the Magistrates Court. Indictable matters are matters that can not be finalised in the Magistrates Court and must proceed to a higher court. They can include a significant number of charges, including rape, indecent treatment of children, grooming and grievous bodily harm. A committal hearing is used to conduct an examination of witnesses with respect to an indictable offence to determine whether a “prima facie” case exists. It involves an analysis of whether there is sufficient evidence to commit the defendant for...

02 June

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Case Study: Alcohol intoxication and the ability (or inability) of a witness to recall events and then reliably give evidence in court.

Posted by Mark Williams

in Criminal Law

The impact of alcohol intoxication on memory Alcohol intoxication is a complex phenomenon that can have profound effects on various cognitive functions, including memory. When an individual consumes alcohol, it affects the brain's neurotransmitters and can lead to impairment in memory formation, storage, and retrieval processes. Understanding the impact of alcohol intoxication on memory is crucial, especially in situations where memory recall plays a significant role, such as in criminal cases of sexual assault, rape offences and other crimes where there is generally no other independent witnesses, that is, where you have one person’s version against another. Memory Accuracy v Reliability v Completeness Memory accuracy...

18 April

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Alternative Resolutions for Adult Offenders

Posted by Erin Mitchell

in Criminal Law

Whilst the majority of criminal charges are dealt with through the traditional criminal court system, there are occasions where we can resolve proceedings outside of the courts. The decision to refer a matter to an alternative resolution can be made before a person is charged, but can also be considered by the Prosecution after court proceedings have been commenced. The duty of the Police to consider all options Once a police officer has: investigated a complaint; decided that an offence has been committed; confirmed that they can prove the elements of the offence; and they have determined who committed the offence, they must...

20 February

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Everything you need to know about an Adult Caution

Posted by Colleen Battersby

in Criminal Law

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...

What Happens in a Criminal Trial in Queensland?

Right to Silence Queensland: What You Must Tell Police and When

Department of Child Safety Investigations Into Alleged Harm of a Child (Carers in Queensland)

Can I Change the Conditions of My Bail in Queensland?

Crime and Cross-Border Operations: Strengthening Australia’s Borders

Small Voices, Big Protection: Police Interviews of a Child

What to know about committal hearings

Case Study: Alcohol intoxication and the ability (or inability) of a witness to recall events and then reliably give evidence in court.

Alternative Resolutions for Adult Offenders

Everything you need to know about an Adult Caution

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