Criminal Law in Queensland
Queensland's criminal justice system operates under both state legislation, primarily the Criminal Code Act 1899, and Commonwealth criminal laws. If you're facing criminal charges in Queensland, securing experienced legal representation early is critical to protecting your rights and achieving the best possible outcome.
Understanding Queensland Criminal Law
Queensland criminal lawyers defend clients charged with offences ranging from traffic violations to serious indictable crimes. The Queensland criminal justice system includes Magistrates Courts for summary offences, District Courts for mid-range indictable offences, and the Supreme Court for the most serious crimes. Understanding which court will hear your matter and the potential penalties is essential.
Common Criminal Matters
Drink Driving and Traffic Offences
Queensland has strict drink driving laws with mandatory licence disqualifications and potentially criminal records for convictions. High range drink driving, dangerous driving causing death or grievous bodily harm, and driving whilst disqualified are serious offences that can result in imprisonment. Traffic lawyers can help challenge breath test procedures, negotiate penalties, and apply for work licences where eligible under Queensland's transport laws.
Assault and Violence Offences
Assault charges in Queensland range from common assault to grievous bodily harm and assault occasioning bodily harm. Queensland's "one punch" laws carry mandatory sentences for unlawful striking causing death. Domestic violence assault charges are treated particularly seriously and can result in protection orders affecting where you can live and contact with family members. Legal representation is crucial for mounting defences such as self-defence or lack of intent.
Drug Offences
Queensland drug laws prohibit possession, supply, trafficking, and production of dangerous drugs. Penalties vary significantly based on the drug type, quantity, and whether commercial supply is alleged. Queensland has drug diversion programs available for first-time minor possession offences. More serious charges like trafficking or production can result in lengthy prison sentences, making experienced legal representation essential.
Fraud and White Collar Crime
Fraud offences in Queensland include stealing, fraud by deception, computer hacking, and identity theft. These matters are often complex, involving substantial documentation and electronic evidence. The Queensland Police Service Fraud and Cyber Crime Group investigates serious fraud matters. Lawyers experienced in white collar crime can challenge evidence gathering procedures and negotiate with prosecutors.
Sexual Offences
Sexual offence charges in Queensland are prosecuted vigorously and carry severe penalties including lengthy imprisonment and sex offender registration. These include rape, sexual assault, grooming, and child exploitation offences. Queensland law provides for complainant evidence via recorded statements and special procedures to protect witnesses. Specialist criminal lawyers with experience in these sensitive matters are essential.
Your Rights When Charged
In Queensland, you have the right to remain silent (except for providing your name and address), the right to contact a lawyer before police interview, and the right to have a support person or lawyer present during questioning. You cannot be forced to participate in police investigations beyond providing identifying information. These rights are fundamental and should be exercised - many criminal cases are won or lost based on what happens during the police investigation stage.
Court Process in Queensland
Most criminal matters start with a first appearance at the Magistrates Court where charges are formally read and bail is considered. Summary offences are heard entirely in the Magistrates Court. Indictable offences may have committal proceedings to test the prosecution case before proceeding to District or Supreme Court trial. Your lawyer will advise whether to plead guilty, negotiate charges with the prosecution, or proceed to trial.
Important Queensland Criminal Law Contacts:
- Legal Aid Queensland Criminal Law: 1300 65 11 88
- Aboriginal and Torres Strait Islander Legal Service (ATSILS): 1800 012 255
- Youth Advocacy Centre: (07) 3356 1002
- Queensland Police Service (non-emergency): 131 444
- Domestic Violence Hotline: 1800 811 811
- Court Link (victim support): 1300 762 445
Sentencing in Queensland
Queensland courts consider numerous factors when sentencing including the seriousness of the offence, your criminal history, remorse, rehabilitation prospects, and community protection. Sentences range from fines and good behaviour bonds to community service orders, probation, intensive correction orders, and imprisonment. Early guilty pleas typically receive sentencing discounts. Your lawyer can present submissions and evidence to achieve the most lenient sentence possible.