Skip to main content
Bell & Senior Logo
(07) 5532 8777
Book Now

Criminal Law FAQs

Confused about criminal proceedings? Our experienced Southport criminal defence lawyers provide clear answers to common questions about police interviews,

Important Legal Disclaimer

The information provided on this page is general legal information only and is not specific legal advice tailored to your individual circumstances. Laws change regularly and every situation is unique.

We strongly advise you to contact us to discuss your specific situation before proceeding with any action based on the information provided here.

Assault

Being charged with Common Assault in Queensland under s335
Common assault under s335 of the Criminal Code is the most frequent assault charge in QLD. It involves any unlawful touch or threat of violence without causi…
Read full article

Being charged with Assault Occasioning Bodily Harm in Queensland under s339
Assault Occasioning Bodily Harm (AOBH) under s339 is a serious criminal charge where the alleged assault resulted in an injury that interfered with health or…
Read full article

Being charged with Serious Assault in Queensland under s340
Serious Assault under s340 of the Criminal Code usually involves assaults against police, paramedics, or vulnerable persons. These are heavily prosecuted in …
Read full article

Court

Do I need a lawyer for a minor criminal charge in Queensland?
It is strongly recommended. Even a ‘minor’ offence like public nuisance or shoplifting can result in a recorded conviction that impacts your travel and emplo…
Read full article

What is the difference between summary and indictable offences in Queensland?
Summary offences are less serious matters (like public nuisance or minor traffic offences) heard by a Magistrate alone. Indictable offences are more serious …
Read full article

How does bail work in Queensland?
Bail is the written promise to appear in court on a specific date. In Queensland, there is generally a presumption that a person should be granted bail unles…
Read full article

What is the difference between a summary and indictable offence?
Summary offences are less serious (like traffic or public nuisance) and are heard by a Magistrate. Indictable offences are more serious and can be heard by a Jury.
Read full article

Should I plead guilty if I committed the offence?
You should never plead guilty without legal advice. Even if you ‘did it’, the police may have charged you with the wrong offence, or the ‘facts’ they have wr…
Read full article

Drug offences

Drug diversion programs in Queensland: who gets a second chance?
Queensland’s justice system accepts something families have long known: prosecuting a young person over a small quantity of drugs can do more damage than the drugs did. Drug diversion programs exist to catch exactly those cases, offering eligible people an educational or treatment-focused alternative that ends without a criminal conviction. Not everyone qualifies, and the offer comes with strings12. What diversion actually is Diversion redirects minor drug offending away from the ordinary court process towards health-based responses. The philosophy is harm reduction: an afternoon with an educator beats a recorded conviction that follows someone through job applications, visa processes and professional registrations.
Read full article

Drugs

Being charged with Drug Possession in Queensland under s9
Drug Possession under s9 of the Drugs Misuse Act is one of the most common criminal charges in QLD. It covers possession of any ‘dangerous drug’ like cannabi…
Read full article

General

Am I eligible for drug diversion in QLD?
First-time offenders found with minor quantities of cannabis or other personal use drugs may be eligible for a police or court drug diversion program instead…
Read full article

What are the new laws on sexual consent in QLD?
Queensland has adopted an ‘affirmative consent’ model. Silence or not resisting does not equal consent, and a person cannot consent if heavily intoxicated.
Read full article

What is 'Stealing as a Clerk' in QLD?
Stealing as a clerk or servant refers to employee theft. It is treated much more harshly than normal theft because it involves a profound breach of trust.
Read full article

What is the penalty for possessing an unregistered firearm?
Unlawful possession of a firearm in Queensland carries heavy maximum penalties up to 7 years imprisonment (13 years for multiple weapons), and immediate lice…
Read full article

General Questions

Can I Use Force to Defend Another Person in Queensland?
Queensland law can protect a person who acts in good faith to defend someone else from an unlawful assault. It does not give a bystander an unrestricted right to fight on the victim’s behalf. The statutory protection Section 273 of the Criminal Code 1899 (Qld) applies where the person under attack could lawfully use force in self-defence. A helper acting in good faith may use a like degree of force for that defensive purpose.
Read full article

Can I Use Force to Protect Property or Remove a Trespasser in Queensland?
Queensland law allows only limited force to protect property or remove a trespasser. Ownership does not give a person permission to punish an intruder, shoplifter or vandal. Property and premises Section 274 of the Criminal Code 1899 (Qld) concerns moveable property. It permits force reasonably necessary to resist a trespasser’s taking of property or to retake it, but expressly excludes grievous bodily harm. Section 277 concerns premises. It may permit reasonably necessary force to prevent wrongful entry, remove someone who wrongfully remains or remove a disorderly person, again without grievous bodily harm under that provision.
Read full article

Can Verbal Threats Justify Self-Defence in Queensland?
Verbal abuse alone will not ordinarily justify hitting someone in Queensland. Threatening words combined with gestures, proximity and an apparent ability to carry out the threat may present a different question. Threats can form part of assault Under s 245 of the Criminal Code 1899 (Qld), assault can include an attempt or threat by bodily act or gesture where the person apparently has a present ability to carry it out. The words, movement, distance and immediacy all matter.
Read full article

When Does a Criminal Conviction Become Spent in Queensland?
An eligible Queensland conviction may become spent after the statutory rehabilitation period, but it is not deleted from police records. The scheme limits disclosure in many situations while preserving exceptions for specified purposes. Eligibility and time The scheme can apply where the court imposed no imprisonment or imposed a term of not more than 30 months. Whether any part was actually served is not the deciding factor. For an adult conviction on indictment, the rehabilitation period is generally ten years from conviction. In other Queensland cases it is generally five years. If an order made in relation to the conviction remains unsatisfied, the period can extend until that order is satisfied.
Read full article

Can a Security Guard Detain or Search a Suspected Shoplifter in Queensland?
A Queensland security guard does not become a police officer by wearing a uniform, carrying equipment or working for a large retailer. A guard can make requests, enforce lawful conditions of entry and protect property, but any non-consensual search or detention needs a separate legal basis. Bag checks and leaving A store may display bag inspection as a condition of entry and a guard may ask to inspect a bag. That does not ordinarily create a general power to physically search the customer or seize the bag. Refusal may lead the store to withdraw permission to remain or refuse future entry, but it does not automatically prove theft.
Read full article

Can You Make a Citizen's Arrest in Queensland?
A citizen’s arrest is lawful in Queensland only within the narrow circumstances set by the Criminal Code 1899 (Qld). It is not a general power to detain someone who looks suspicious, refuses to cooperate or is accused by another shopper. When the power applies Section 546 applies where the relevant offence is one for which the offender may be arrested without warrant generally. It permits a private person to arrest someone found committing that offence. It also provides a pathway where the offence has actually been committed and the arresting person reasonably believes another person committed it.1
Read full article

Can I Claim Self-Defence to an Assault Charge in Queensland?
A claim of self-defence in Queensland turns on whether the assault was provoked, whether the force used was reasonably necessary and who must prove what. The law also makes carrying a knife for protection an offence in itself. This page expands the existing guidance to explain s 271 and s 272, the burden of proof and why a weapon for protection will not help your case. Unprovoked and provoked assault Criminal Code (Qld) s 271 covers self-defence against an unprovoked assault. Force reasonably necessary to make effective defence is lawful, provided it is not intended and not likely to cause death or grievous bodily harm, with a wider rule where the person reasonably fears death or grievous bodily harm.
Read full article

Police

What should I do if arrested by police in Queensland?
You have the right to remain silent. You must provide your name and address, but strictly do not answer other questions or participate in a record of intervi…
Read full article

Police powers

Your rights in a police interview: no-comment basics
If police invite you into an interview room in Queensland, you usually do not have to answer their questions. Beyond providing your name and address in certain situations, whether you speak is largely your choice, and police are obliged to tell you so. What happens in that room, though, can shape the entire case against you, so it pays to understand the no-comment basics before the recorder switches on12. The caution comes first Questioning of suspects in Queensland is governed by the Police Powers and Responsibilities Act 2000. Where police investigate an indictable offence, they must formally caution a person before asking questions connected with it. The substance of the caution is simple and important:
Read full article

Property Damage

Being charged with Wilful Damage in Queensland under s469
Wilful Damage under s469 covers intentional destruction or damage to property, from graffiti to smashing windows. It also frequently appears in domestic viol…
Read full article

Public Order

Being charged with Public Nuisance in Queensland under s6
Public Nuisance under s6 of the Summary Offences Act is a common ‘street’ charge covering disorderly, offensive, or threatening behaviour in public. It often…
Read full article

Resources

Who to contact for Criminal Law matters in QLD?
A directory of the most important contacts for Criminal Law matters in Queensland, including Legal Aid and Queensland Courts.
Read full article

Sentencing

Will a criminal conviction appear on my record permanently?
Most criminal convictions remain on your history indefinitely. However, for first-time or minor offences, a Magistrate may order ‘No Conviction Recorded’, wh…
Read full article

Theft

Being charged with Stealing or Theft in Queensland under s391
Stealing under s391 of the Criminal Code covers everything from shoplifting to employee theft. It requires an ‘intent to permanently deprive’ the owner. You …
Read full article

Being charged with Fraud in Queensland under s408C
Fraud under s408C of the Criminal Code involves any dishonest gain or detriment using deception. This includes credit card fraud, insurance fraud, or white-c…
Read full article

Traffic

Being charged with Dangerous Operation of a Vehicle in Queensland under s328A
Dangerous Operation of a Vehicle under s328A is a serious criminal charge that carries mandatory license disqualification and potential prison time. It cover…
Read full article

Traffic Matters

I've been charged with drink driving. Can I get a work license?
In Queensland, you may be eligible for a Restricted (Work) License if you can prove that losing your license would cause ’extreme financial hardship’ to you …
Read full article

Weapons Offences

Can I carry something in my car for self-defence in Queensland?
No. Self-defence is not a reasonable excuse for carrying a knife in public in Queensland, and everyday objects kept as weapons can lead to charges.
Read full article

Witness

What Is a Protected Witness in a Queensland Criminal Trial?
A protected or special witness can give evidence with identifying details limited or withheld. Here is how it works and why it must be raised before you give evidence.
Read full article

Can't find what you're looking for?

Contact Us
Call Us Book Time