Criminal Law Archives - Page 2 of 5

17 November

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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...

15 November

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Intoxication and Criminal Charges

Posted by Andrew Hanlon

in Criminal Law

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...

13 November

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The Queensland Intermediary Scheme (QIS)

Posted by Erin Mitchell

in Criminal Law

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...

19 October

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Mental Health Defences and the Mental Health Court

Posted by Danielle Hanson

in Criminal Law

Queensland, like many other jurisdictions, has mechanisms in place to appropriately deal with the connection between mental health and criminal offending. This can involve diverting individuals with mental health issues or intellectual disabilities away from traditional criminal courts and into mental health treatment and support programs. The Mental Health Court in Queensland has three key tasks: Determining: whether a person charged with a criminal offence was of unsound mind when they allegedly committed the offence; and/or whether the person is fit for trial; Hearing appeals from the Mental Health Review Tribunal; and Conducting inquiries into whether a person’s detention in a mental...

16 October

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Defence of Duress in Queensland

Posted by Colleen Battersby

in Criminal Law

What is the defence of duress? Section 31 of the Criminal Code 1899 (Qld) provides for the defence of duress. In certain circumstances, a person is not criminally responsible for an offence if they can show that they were ‘forced’ to commit an offence by another person. In Queensland, this defence is also referred to as ‘compulsion’. What must be proven to establish duress? An act is not unlawful if it was reasonably necessary to resist actual (and unlawful) violence threatened to the defendant, or another person in their presence. It can also be established if the defendant can show that they committed the offence because: ...

13 September

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Youth crime crackdown and how it can impact child offenders

Posted by Colleen Battersby

in Criminal Law

Background On 22 March 2023, the Strengthening Community Safety (‘SCS’) Act 2023 came into effect amending the youth justice sentencing frameworks. Collectively, the aim of the amendments to the youth justice laws is to strengthen community safety, despite strong opposition from human rights campaigners and experts who warned that this would result in more children being incarcerated. What are the amendments and what do they mean for young offenders? Amendments have been made to the Youth Justice Act 1992 and other legislation which impact the bail and sentencing frameworks for young offenders. How do I apply for bail as a young offender? Bail may be...

06 April

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Do I have to give police access to my phone?

Posted by Andrew Hanlon

in Criminal Law

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...

26 January

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Search Warrants

Posted by Mark Williams

in Criminal Law

Written By Mark Williams - Criminal Lawyer 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 search warrants only. View our article on arrest warrants here. Search Warrants Under the Police Powers and Responsibilities Act 2000 (‘PPRA’), there are multiple ways in which police can search a person, that person’s house and/or their vehicle. They may do so with or without a warrant. There are strict conditions in which a police officer must abide by when searching a...

26 January

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Arrest Warrants

Posted by Mark Williams

in Criminal Law

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...

23 November

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Charged with an offence during Schoolies 2021? Call our Lawyers for free early advice.

Posted by Joe Wicking

in Criminal Law

The 2021 Schoolies celebrations are currently in full swing. Whilst the important thing is that you enjoy yourself and celebrate your achievements it is as equally important to remember that what you do at Schoolies could have a lasting and significant impact on your future! At the end of the day, it’s all about choices, make good choices and a good future awaits. Make bad choices and…. well, you get the point. Bad choices at Schoolies could have a lasting impact on your future. If your bad choices lead to a criminal conviction, you could have difficulties with getting a job or traveling...

Applying for Parole in Queensland: What You Need to Know

Intoxication and Criminal Charges

The Queensland Intermediary Scheme (QIS)

Mental Health Defences and the Mental Health Court

Defence of Duress in Queensland

Youth crime crackdown and how it can impact child offenders

Do I have to give police access to my phone?

Search Warrants

Arrest Warrants

Charged with an offence during Schoolies 2021? Call our Lawyers for free early advice.

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