27 April

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Changes to the Mental Health Act

There were changes to the Queensland laws surrounding mental health in March 2017 when the Mental Health Act 2016 commenced, replacing the Mental Health Act 2000. Changes to the way charges in the Magistrates Court are dealt with under the Mental Health Act Perhaps one of the biggest changes to new Mental Health Act is the express powers provided to the Magistrates Court to deal with people charged with simple offences (offences punishable in the Magistrates Court). Previously, the Magistrates Court had little power to make orders for matters where the defendant may have been of unsound mind at the time of an offence or...

27 April

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Are our Courts too lenient on Domestic Violence Offenders?

Posted by Danielle Hanson

in Criminal Law & Offences

The presence of domestic violence in Australia has never been so topical and news-worthy. Victims of domestic violence, focus groups, the community, the government, and the courts have all made it very clear that domestic violence will not be tolerated in Australia. A recent sentence handed down by the Queensland Court of Appeal (the highest court in Queensland) has generated a large amount of public attention and questions have been raised as to whether our courts are being too lenient on perpetrators of domestic violence. In the matter of R v Kelley, Mr Kelley came before the court charged with Assault Occasioning...

27 April

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What should I wear to court?

Posted by Cameron Browne

in Criminal Law & Offences

This is a question that can often cause people to feel a great deal of anxiety. This worry is often increased by the fact that the question often fails to arise until the very night before a person is required to attend court. So we have a situation where a person may already be stressed about the morning’s court appearance and suddenly they are struck with the query “what do I wear?” The good news is that the answer comes down to a single word “respect.” Carry yourself with dignity & show respect to the Court A Judge or Magistrate is required by law...

23 April

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I am receiving a Centrelink payment. What are my obligations? What happens if I fail to meet my obligations?

Posted by Shelby Smith

in Criminal Law & Offences

If you are receiving a social security payment, you need to be aware of your obligations. If you fail to meet these obligations, you can be charged with an offence in addition to having your payment cancelled. For this reason, it is important to ensure strict compliance with the requirements under the Social Security (Administration) Act 1999 (Cth). It must be stressed that this information is not exhaustive and does not constitute legal advice. If you would like specific and detailed information regarding your obligations as a Centrelink recipient, you should seek our advice. WHAT ARE MY OBLIGATIONS? Your obligations as a welfare...

23 April

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I have been caught drink or drug driving. Why do I need a lawyer?

Posted by Cameron Browne

in Criminal Law & Offences

You may benefit substantially from engaging a traffic lawyer if you have been charged with drink or drug driving, even if you intend to plead guilty to the charge. Answering these charges may be your first experience in court, whereas our criminal lawyers have been appearing on behalf of clients on a daily basis for years. We know what submissions to make to the sentencing magistrate in order for you to have the best chances of receiving a relatively low penalty in your circumstances. Magistrates in Queensland are provided with a range of penalties they can impose. We can advise you on...

23 April

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Bill Potts comments on Robert Hytch’s attempt to overturn coroner’s findings

Posted by Potts Lawyers

in Criminal Law & Offences, General Law News

Our Founding Director and QLS Deputy President, Bill Potts, comments on 10 News' report. The video is available at the link: https://tenplay.com.au/news/brisbane/2018/4/18/appeal-dismissed ...

16 April

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What happens to my matter if the law changes after I have been charged?

Posted by Shelby Smith

in Criminal Law & Offences

One of the most challenging aspects of the law is that it changes every day. Changes occur in two ways: New legislation is handed down by Parliament; Courts change the way that the law is interpreted or applied. If there is a change to the law whilst your matter is underway, it can affect the way in which your matter proceeds. It is important to be aware of these changes and the impact they will have on you. This is particularly important in criminal law matters because these changes can affect the outcome of your case. Changes to the law can be divided into...

16 April

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Can criminal charges affect my sporting career?

Posted by Craig DoRozario

in Criminal Law & Offences, Disciplinary Law

Introduction In addition to penalties imposed at sentencing, a criminal charge can have a substantial impact on your life. Sometimes, simply being charged with a criminal offence could have you disciplined by your club or the sporting body you are affiliated with. As Queensland’s largest private criminal defence firm, Potts Lawyers are entrusted by amateur and elite athletes to protect their interests not only on the criminal front, but also to ensure minimal impact to their careers. We understand that athletes are given an exemplary amount of media attention, but you won’t find our lawyers going out of their way to jump in...

06 April

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Increased Police Powers During Commonwealth Games: How They Will Affect Your Rights

Posted by Cameron Browne

in Criminal Law & Offences

Increased Police Powers during Commonwealth Games: How they will affect your rights During the Commonwealth Games period, police across the Gold Coast, Brisbane, Townsville and Cairns are afforded extended powers for the purpose of ensuring public safety. However, as acknowledged by the Queensland Law Society and the Queensland Council for Civil Liberties, these extended powers can also have negative impacts on residents of Queensland and visitors to the state. Duration The extended powers apply between 10 March 2018 and 18 April 2018. Some locations may have the extended powers applying for a shorter time during this period. Protective Security Zones (PSZs) The extended powers apply in...

03 April

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Commonwealth Games: What You Should Know From A Criminal Law Perspective

Posted by Shelby Smith

in Criminal Law & Offences, General Law News

Article written by Shelby Smith The Gold Coast Commonwealth Games will run from the 4th of April 2018 to the 15th of April 2018. If you are attending the Commonwealth Games, it will be important to take care and act appropriately. Gold Coast residents should also be aware of this information, as the Commonwealth Games will affect the entire Gold Coast community. Increased Police Presence on the Gold Coast Firstly, you should expect an increased police presence before, during and immediately after the Commonwealth Games. This increased police presence may mean an increase in police charges. It is important to be aware of this and act accordingly....

Changes to the Mental Health Act

Are our Courts too lenient on Domestic Violence Offenders?

What should I wear to court?

I am receiving a Centrelink payment. What are my obligations? What happens if I fail to meet my obligations?

I have been caught drink or drug driving. Why do I need a lawyer?

Bill Potts comments on Robert Hytch’s attempt to overturn coroner’s findings

What happens to my matter if the law changes after I have been charged?

Can criminal charges affect my sporting career?

Increased Police Powers During Commonwealth Games: How They Will Affect Your Rights

Commonwealth Games: What You Should Know From A Criminal Law Perspective

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