Criminal Law

Criminal Law in Queensland

Generally speaking, to "commit a crime in Queensland" the police must prove that a person has broken a law contained in the Criminal Code Act 1899 (Qld) (for crimes against Queensland state law) or the Criminal Code Act 1995 (Cth) (for crimes against Australian commonwealth laws). Increasingly federal and state legislation is bridging the divide between offences that previously attracted only a fine and those which attract jail time, so it is important to understand that although something may not be initially classified as a crime per se, the offence may still eventually put a person behind bars.

There are many different governmental agencies who may pursue somebody for allegedly committing a crime, but the three most common are the Queensland Police Service, the Australian Federal Police and the Australian Customs and Border Protection Service. No matter which arm of which government is doing the chasing, the law is still in charge of everybody, and this is exactly why people hire lawyers - because sometimes governments forget that even they are subject to the law.

The enormous number of crimes makes it impractical to list the different types you may have been charged with, but it is safe to say the following:
  • The police must prove (usually "beyond reasonable doubt") that you are guilty
  • You will have an opportunity to defend yourself
  • Things may not be as bad as you first think (handcuffs, capsicum spray and jail cells make anybody nervous)
  • A good lawyer can raise issues with the police that you will not have considered
Aside from the defences actually described in the Criminal Codes, there is an ancient body of law known as "the Common Law" which sets down well established principles that police, lawyers and judges must follow regarding the treatment of those accused of committing a crime. Some of these you may be aware of from crime TV shows/ movies, and some you may not be... but whether you are or you aren't, the truth is that in practice and in the heat of the moment it takes a cool legal mind well practiced in both the law and communicating with the authorities on behalf of clients to get you the best result.

It is important to note that the best result is not always achieved by mounting a strong defence against a charge. A good lawyer understands that in many scenarios pleading guilty to an offence and negotiating with the police and pleading with the court for a more appropriate sentence may deliver a much better result than initiating a gung-ho defence that attracts maximum resistance and enthusiasm from the authorities. The natural reaction to being accused of committing an offence is to scream out "I'm innocent!" but this is not always the best policy, and a competent lawyer can make this clear. It may seem ludicrous that pleading guilty may deliver a more lenient sentence than defending oneself, but remember the legal system we live in doesn't always make sense at first glance and there are often more principles at play than the enforcement of the law (the workload of the court system being just one).

Contrary to popular belief, "defence lawyers" aren't evil scum-bags who are hell-bent on ensuring criminals can walk free in society and continue to make large sums of money. On the contrary, lawyers who defend people who have been charged with committing crimes are actually a vital part of our justice system. Police and other authorities are people too, and people make mistakes and overstep their authority from time to time. Without the checks and balances provided by solicitors and barristers, the justice system would cease to be just and may swiftly deteriorate into tyrrany.

So if you:
  • have been summoned to appear in court
  • are a friend or family member of somebody in custody
  • have been fined and need advice on the fine
  • have a traffic matter that needs attention (e.g. obtaining a work drivers licence)
  • ... or if you require any legal advice whatsoever regarding communications you have received from the authorities
... please contact us without delay to ensure your rights are protected and justice is served.

This website contains general information only. This website does not contain any legal advice. If you require legal advice, contact an Australian Legal Practitioner.