Coercive control became a standalone criminal offence in Queensland on 26 May 2025. It carries a maximum penalty of 14 years imprisonment, and it is one of the most significant changes to Queensland's domestic and family violence laws in a generation.

This article is written for people who have been charged with coercive control, who have been told police want to speak with them about a charge of coercive contril, or who have had a partner, parent or family member contact police alleging controlling behaviour. If that is you, do not speak to police or agree to an interview before getting legal advice. What you say in the first 24 hours of a coercive control investigation often shapes the entire case.

Clarity Law is a specialist criminal defence firm. We act for people charged with domestic and family violence offences every week across South East Queensland. Call us on 1300 952 255 seven days a week, 7am to 7pm.

What is coercive control?

Coercive control is a pattern of behaviour used to dominate another person in a domestic or intimate relationship. Unlike common assault or breaching a domestic violence order, coercive control is not about a single incident. It is about a course of conduct — a series of acts, over time, that together amount to control.

The new offence sits in section 334A of the Queensland Criminal Code, inserted by the Criminal Law (Coercive Control) and Affirmative Consent Legislation Amendment Act 2024. It commenced on 26 May 2025 and as the Queensland Governement explained it was create to capture patterns of physical and/or non-physical abuse used to hurt, humiliate, isolate, frighten, or threaten a victim-survivor.

What the prosecution must prove

To secure a conviction, the prosecution must prove beyond reasonable doubt that:

1. The accused is an adult.
2. The accused was in a domestic relationship with the other person (current or former intimate partner, family member, or informal carer).
3. The accused engaged in a course of conduct against that person.
4. The course of conduct involved domestic violence as defined in the Domestic and Family Violence Protection Act 2012.
5. The accused intended the conduct to coerce or control the other person.
6. The conduct would, in all the circumstances, be reasonably likely to cause harm to the other person.

Every one of those elements is contestable. Our experience is that cases often turn on elements 3 (was there really a "course of conduct"?), 5 (was there actual intent, or just a bad relationship?) and 6 (was the conduct reasonably likely to cause harm, or is the complainant reframing arguments as abuse in hindsight?).

What counts as a "course of conduct"?

A course of conduct means more than one occasion. It can include acts that are days, weeks, months or years apart. It can include:

• Isolating the other person from family or friends
• Controlling what they wear, eat, read or watch
• Monitoring their movements, phone, email or social media
• Controlling their finances — including dictating spending, withholding money, or building up debt in their name
• Threats, humiliation, degradation, or repeated verbal abuse
• Regulating their daily activities, work, or contact with children
• Using children, pets or immigration status as leverage

Importantly, the individual acts do not have to be criminal offences on their own. A pattern of lawful but controlling behaviour can be enough — if the other elements are also proved.

What is a "domestic relationship"?

The definition is broad. It includes:

• Married, de facto, or engaged couples (current or former)
• People in an intimate personal relationship, whether or not sexual
• Family relationships, including parents, children, siblings and extended family
• Informal care relationships (where one person is dependent on another for care)

Housemates and flatmates are generally not in a domestic relationship for the purposes of this offence, unless another relationship applies.

Maximum penalty and how serious this charge is

The maximum penalty is 14 years imprisonment. That places coercive control among the most serious offences in the Queensland Criminal Code — the same maximum as some sexual assault offences and higher than the maximum for grievous bodily harm.

This is a strictly indictable offence. That means it must be dealt with in the District Court, with a judge and jury. It cannot be finalised in the Magistrates Court.

The courts have signalled they will treat this offence seriously. The whole reason Parliament created it was the research showing coercive control is a predictor of serious physical violence and homicide in domestic relationships. Do not assume the absence of physical violence means the charge is minor. It is not.

Are there defences?

Yes. Several defences and arguments are commonly raised in coercive control cases:

• The course of conduct is not made out — the prosecution can point to isolated incidents, but not a connected pattern.
• Intent to coerce or control cannot be proved — the conduct may be explicable as normal relationship friction, mental health issues, poor communication, or conduct by both parties rather than a deliberate campaign of control.
• The conduct was not reasonably likely to cause harm — the complainant's account of harm is subjective; the objective test may not be met.
• No domestic relationship existed at the relevant time.
• Fabrication or exaggeration, particularly in the context of family law proceedings where allegations of controlling behaviour can strategically influence parenting orders and property settlement.
• Duress, mental impairment, or other substantive defences under the Criminal Code.

Every case turns on its own evidence. Text messages, emails, bank records, social media history, phone records, witness accounts, and the complainant's own prior statements are often critical.

What to do if police want to speak to you

The single most important thing is this: say nothing until you have legal advice.

Police will usually approach a coercive control investigation in one of three ways:

1. A "let's hear your side" phone call or doorstep conversation.
2. A formal invitation to attend a police station for a recorded interview.
3. An arrest, typically after a DVO application has already been made or a complaint has been escalated.

In all three situations you have a right to silence. You cannot be punished for using it. You can — and should — politely decline to answer questions until you have spoken to a criminal defence lawyer.

What you say in an interview can be some of the strongest evidence police have. Coercive control cases are built from context, and context can be constructed out of ordinary-sounding admissions ("yes I checked her phone sometimes", "yes I managed the finances", "yes we had rules about her going out"). Do not hand police that evidence. Read our article on why you should not give a police interview.

How coercive control interacts with DVOs, breach DVO charges, and other offences

A coercive control charge almost never appears alone. Common combinations include:

• Breach of a domestic violence order (s 177 DFVPA) — where an existing DVO is in place
• Common assault in a domestic setting
• Choking, suffocation or strangulation (s 315A Criminal Code) — a 7-year offence
• Unlawful stalking, intimidation, harassment or abuse (s 359B, recently expanded)
• Threats (s 359 Criminal Code)
• Wilful damage in a domestic context

Each additional charge affects bail, sentence exposure and negotiating position. An experienced criminal lawyer will look at the whole picture, not just the lead charge.  It is possible that the charge of coercive control will be changed over time.

Bail considerations

Bail in coercive control matters is contested and difficult. Depending on the surrounding charges and the accused's history, the matter may fall into a show cause position — meaning the onus is on the accused to show why their detention is not justified. A proper bail application, supported by evidence about residence, employment, and protective conditions, is essential.

Getting bail wrong at the first court date can have consequences that last months. If you have been arrested for coercive control, get a lawyer involved immediately — not on the morning of your first mention.

Why Clarity Law

We are Queensland criminal defence specialists. Our team has acted in thousands of domestic and family violence matters across every level of the court system. We understand how coercive control cases are built, where the prosecution evidence tends to be weak, and how to push back on allegations that do not meet the legal test.

We offer:

• Fixed fees — no hourly billing, no surprises
• Experienced defence counsel — Steven Brough and the team have over 60 years combined experience
• Statewide coverage — offices in Brisbane, Gold Coast, Sunshine Coast, Ipswich, Logan, North Brisbane and Hervey Bay
• Early, practical advice — often by phone on the same day

Get advice now

If you have been charged with coercive control, or if police have indicated they want to speak with you, do not wait for the first court date to get legal advice. The early steps matter more than most people realise.

• Call 1300 952 255 — seven days a week, 7am to 7pm
• Use our contact form and we will call you back
• Book a free 15-minute phone consultation

We are a no-pressure firm. Initial advice is free and confidential.

This article is general legal information only and does not constitute legal advice. Coercive control law is new and evolving, and every case turns on its own facts. If you have been charged or police want to speak with you, obtain advice from a criminal defence lawyer before acting.

Possession of Cannabis in Queensland

Charged with possession of Cannabis in Queensland is the most common offences of dangerous drug in Queensland by a wide margin. It is a Schedule 2 drug — less serious than Schedule 1 drugs like cocaine and MDMA — and for first-time offenders caught with small personal-use amounts, the usual outcome is drug diversion and no recorded conviction.

But "usual" is not "automatic". Commerciality indicators, prior history, or the wrong approach at court can turn a diversion matter into a conviction matter. This article explains how cannabis or weed possession is prosecuted in Queensland and what you need to get right.  If you are charged with cannabis posession or need a drug lawyer for cannabis possession this artcile will explain everything.  Please note weed, cannabis and marijuna are used to describe the same thing in this article.

The law

Possession of a dangerous drug is an offence under section 9 of the Drugs Misuse Act 1986 (Qld). Cannabis is listed in Schedule 2 of the Drugs Misuse Regulation 1987.

Maximum penalties for Schedule 2 drugs:

• 20 years imprisonment if drug-dependent, or if the quantity exceeds the Schedule 4 amount
• 15 years imprisonment otherwise
• 3 years imprisonment if finalised in the Magistrates Court

Virtually all personal-use cannabis matters are finalised in the Magistrates Court.

What the prosecution must prove

1. You had possession of a substance.
2. The substance was cannabis (or a cannabinoid product containing THC).
3. The possession was unlawful.

Edibles, oils, vapes and wax — all still cannabis

A common misconception is that only dried cannabis flower ("leaf") is covered. In Queensland:

• Cannabis oil — a cannabis product, possession offence
• Edibles (gummies, chocolates, cookies containing THC) — possession offence; weight includes the whole edible
• Wax, shatter, rosin, resin — possession offence; very high THC content; penalties can be significant
• THC vape cartridges — possession offence; the whole cartridge is usually weighed
• CBD without THC — lawful only under prescription or TGA scheme; unlawful otherwise

The total weight of the product, not the cannabis content, is usually what determines the charge. A 20-gram chocolate bar laced with THC will often be charged as 20 grams of cannabis — which has significant consequences for what court hears the matter.

Drug diversion — often available

Queensland's Police Drug Diversion Assessment Program (PDDAP) has applied to cannabis since 2001. If you are caught with a small amount for personal use and you admit the offence, police may offer you diversion on the spot instead of charging you.

You are eligible if:

• The quantity is consistent with personal use (generally up to 50g of dried cannabis or less)
• You admit the offence
• You have not been offered diversion more than twice before (for cannabis)
• No related serious charges (e.g., supply, production, driving offences)

If offered, diversion is always the preferred outcome. You attend one mandatory education session. No conviction is recorded and no criminal history entry is made.

If diversion was not offered at the roadside — or if you were charged instead — court drug diversion is often still available at your first mention, provided you have the right legal advice and have not already pleaded guilty.

When cannabis possession becomes more serious

Cannabis matters escalate when:

• Quantity exceeds 500g — this is the Schedule 3 threshold for cannabis, above which the prosecution may allege commercial possession
• Plants are found — possession of cannabis plants is charged as producing a dangerous drug, a separate and more serious offence
• Commerciality indicators are present — scales, cash, deal bags, phone messages
• The cannabis is in a form associated with supply — multiple pre-packaged bags of identical weight
• A weapon or cash is also present

Multiple plants or large indoor growing setups lead to production charges under section 8 of the Drugs Misuse Act — maximum 20 years imprisonment.

Defences

• No possession — the cannabis was not yours, was in a shared space, you had no knowledge
• Substance not cannabis — testing has not confirmed it was a dangerous drug (rare for cannabis but can apply to CBD or hemp products)
• Unlawful search — police exceeded their powers; the evidence should be excluded
• Medical cannabis defence — you hold a valid Queensland or TGA authority. The prescription must match the product and the conditions of the authority

Medical cannabis is now prescribed by many GPs in Queensland. If you hold a valid script and are driving, the situation is complex: possession may be lawful but driving with THC in your system remains an offence under the Transport Operations (Road Use Management) Act. This is addressed on our drug driving site.

Penalties for cannabis possession

Typical Magistrates Court outcomes:

• Police drug diversion — no conviction, no criminal history (first and second offences, small quantities)
• Court drug diversion — same outcome, applied at court where police declined
• Fine, no conviction recorded — often where diversion is not available
• Fine with conviction recorded — for repeat offending or larger quantities
• Good behaviour bond or probation — for repeat matters
• Suspended or actual imprisonment — rare for simple possession; reserved for large quantities, commerciality, or in combination with other offences

Utensils, bongs, pipes and scales — separate charge

If you are caught with cannabis and also a bong, pipe, or grinder, expect a separate charge under section 10 of the Drugs Misuse Act for possessing an item used in connection with a dangerous drug. This is a minor offence but is routinely charged.

Read our article on utensil / bong / pipe / scales charges.

Consequences of a conviction

Even for cannabis, a conviction can affect:

• International travel (US, UAE, some Asian countries)
• Employment in mining, transport, defence, healthcare
• Firearms and professional licensing
• Insurance and visa applications for non-citizens

A no-conviction outcome — or, better still, diversion — materially reduces these consequences. Read more.

Why Clarity Law

We have acted in thousands of cannabis matters across Queensland. We know exactly how to present first-offender cannabis cases to secure diversion or no-conviction outcomes.

• Fixed fees — no surprises
• Free 15-minute initial consultations
• Statewide offices
• Over 60 years combined defence experience

Speak to us before court

Do not plead guilty without advice. Do not admit to matters police cannot prove. Do not assume diversion will be offered automatically — it must often be applied for, correctly.

• Call 1300 952 255
• Use our contact form
• Book a free 15-minute consultation

Being charged with a new criminal offence while you are already on bail for something else triggers a whole second layer of consequences in Queensland. You are not just facing the new charge — you are also facing:

• A separate criminal offence under section 29 of the Bail Act 1980
• A show cause bail position — meaning the court presumes you should be refused bail unless you can show otherwise
• A cumulative sentence on any new imprisonment imposed
• The likely revocation of your existing bail on the original matter

Section 29 is one of the most commonly charged — and most commonly misunderstood — offences in Queensland's criminal justice system. This article explains what it is, when it applies, and why people charged with it need specialist advice immediately.

Clarity Law — 1300 952 255, seven days a week.

The law

Section 29 of the Bail Act 1980 (Qld) provides:

A defendant, released on bail, who commits an indictable offence while so released, commits an offence.

The maximum penalty is 40 penalty units (approximately $6,450) or 2 years imprisonment.

Critically, the Act provides that any imprisonment imposed for the section 29 offence must be served cumulatively with any imprisonment imposed for the underlying indictable offence. That is unusual in Queensland sentencing and is a specific deterrent to committing offences while on bail.

What counts as "on bail"?

You are on bail if:

• You have been granted bail by police (watch-house bail)
• You have been granted bail by a court (court bail)
• You are subject to a bail undertaking — even one for a minor matter
• The bail includes any conditions at all, including the basic condition to appear in court

If a court has released you pending your next court date and you are required to return — you are on bail.

What is an "indictable offence"?

An indictable offence is an offence that can be prosecuted on indictment — essentially, the serious end of Queensland criminal law. It includes:

• All Criminal Code offences that carry a maximum of more than 3 years (and most that carry exactly 3 years)
• Drug offences under sections 5, 6, 8, 9 of the Drugs Misuse Act (trafficking, supply, production, possession)
• Most serious property offences (burglary, stealing, fraud over threshold amounts)
• Serious assault offences (AOBH, GBH, choking)

Summary-only offences are not indictable offences. Examples:

• Public nuisance
• Contravene direction or requirement
• Most Liquor Act offences
• Most Traffic Regulation offences
• Simple possession of drugs where dealt with summarily (subject to argument)

This distinction matters. A public nuisance charge committed while on bail does not trigger section 29. A common assault does (since common assault is an indictable offence, even though it's usually dealt with summarily).

How the charge works in practice

The typical sequence:

1. You are on bail for, say, a common assault charge
2. Three weeks later, you are arrested for stealing from a shop
3. Police charge you with the stealing and with committing an indictable offence while on bail
4. You are taken before the court the next working day
5. You are in a show cause position on bail for the new charges — meaning you must justify your release

The same pattern applies whether the new offence is drug possession (where charged indictably), burglary, assault, fraud, or any other indictable matter.

Show cause bail — why this is so serious

Under section 16 of the Bail Act, a person who is charged with an indictable offence committed while on bail for another indictable offence is automatically in a show cause position. That means:

• The default is refusal of bail
• You must present evidence and argument as to why your detention is not justified
• Even if bail is granted, conditions are likely to be strict (curfew, reporting, non-association, residence)

Show cause bail applications are fact-sensitive. They typically succeed where:

• Strong stable accommodation is available (ideally away from co-accused)
• Employment or study can continue
• There are strong ties to the community
• Previous bail compliance has been good
• The new offence is materially different in nature and scale from the original

They typically fail where:

• The new offence is similar in type to the original (e.g., new drug offence while on bail for drugs)
• There is a history of bail breaches
• The Crown case is strong
• There is a pattern of offending

Read our article on show cause bail for more detail.

Cumulative sentencing

This is the sleeper consequence of a section 29 conviction. If you are sentenced to imprisonment for both:

• The original offence, and
• The new offence you committed while on bail

...then any imprisonment for the section 29 charge itself must be cumulative — served after the sentence for the underlying offence, not concurrent with it.

Even a relatively modest 3–6 month uplift on section 29 can extend a prison term meaningfully. For a client already facing several years, it can push parole dates out by months.

Defences

• You were not on bail at the relevant time — the bail had ended, or had not yet commenced
• The new offence is not indictable — it is a summary-only offence
• The underlying indictable offence is not made out — if you beat the underlying charge, the section 29 charge often falls with it
• You were not the person who committed the new offence — identification defence

DV context — additional considerations

Many section 29 charges arise in domestic violence situations. A person on bail for a DVO breach who is then charged with a new DVO breach, or a new common assault, faces:

• Section 29 charge
• Show cause bail
• Likely variation of the DVO to add more restrictive conditions
• Significant sentencing uplift at the final hearing

In our experience, DV-related section 29 matters are among the hardest to obtain bail on. Early legal intervention matters.

Strategic implications

The presence of a section 29 charge often changes the overall strategy on the case:

• Defending both matters together, to avoid cascading consequences
• Negotiating a plea package that resolves both matters efficiently
• Pursuing bail variation or withdrawal of the original bail to remove the "on bail" element
• Considering the total sentencing effect rather than each charge in isolation

A lawyer who deals with the new charge without reference to the original matter is not giving you full advice.

What to do if you have been charged

1. Do not speak to police about the new offence without legal advice
2. Arrange bail representation urgently — the first court appearance in a show cause matter is critical
3. Identify whether the existing bail conditions have been breached — that may be a separate charge
4. Gather material for the bail application — residence, employment, references, rehabilitation evidence
5. Get a lawyer who will take a strategic view across both matters

Why Clarity Law

We have represented hundreds of clients in show cause bail applications and section 29 matters. We know the Magistrates' approaches, the bail conditions that tend to be accepted, and the submissions that work.

• Fixed fees where possible; clear staged quoting otherwise
• Statewide bail representation
• Over 60 years combined criminal defence experience
• Offices across South East Queensland

Get advice urgently

If you have been charged with a new offence while on bail, the first 24 hours matter. Show cause bail applications cannot be properly prepared in the corridor of the Magistrates Court on the day.

• Call 1300 952 255 — seven days a week, 7am to 7pm
• Use our contact form
• Book a free 15-minute consultation

Possess Utensil Charge in Queensland

Most people charged with a drug offence in Queensland are surprised to learn that the drug itself is not the only thing they have been charged with. If the police find a utensil bong, a pipe, a set of scales, a grinder, clip-seal bags, a dealer phone, or similar items, there will almost always be a second, separate charge alongside the drug possession charge.

That second charge is under section 10 of the Drugs Misuse Act 1986 (Qld). It is called "possessing things". It is a conviction in its own right — and if you are not careful, it is the one that ends up on your record even after the drug charge has been dealt with by diversion.

This guide explains what the charge is, what the prosecution has to prove, and what it means for your outcome.

If you have already been charged, you can contact us here or call 1300 952 255 seven days a week.

What is section 10 actually about?

Section 10 of the Drugs Misuse Act creates several different "possessing things" offences. The two that matter for most people are:

Section 10(1) — the serious one

Possessing anything that is used, or intended to be used, in connection with a Part 2 drug crime — for example, producing or supplying drugs.

Maximum penalty: 15 years imprisonment.

This is the charge that goes with scales, dealer phones, snap-lock bags in bulk, cash tins, tick lists, and the kind of equipment police say was being used to supply or produce drugs.

Section 10(2) — the common one

Possessing anything (other than a syringe or needle) for use — or that has been used — in the administration, consumption or smoking of a dangerous drug.

Maximum penalty: 2 years imprisonment. It is a summary offence and is dealt with in the Magistrates Court.

This is the charge that comes with a bong, a glass pipe, a meth pipe, an ice pipe, an aluminium foil "chaser", a grinder with resin, or an empty snap-lock bag that still had drug residue in it.

The rest of this article focuses on s 10(2), because that is the one most people are charged with.

What does the prosecution have to prove?

To convict you under s 10(2), the police have to prove, beyond reasonable doubt, each of the following:

1. You were in possession of the thing.
2. The thing was either used, or intended to be used, for the administration, consumption or smoking of a dangerous drug.
3. Your possession of it was unlawful (without lawful excuse).

That second element is the one that actually matters. A clean, unused bong in a drawer with no residue and no evidence of past use is not automatically caught. What makes it caught is either:

• the physical evidence that it has been used (residue, smell, burn marks), or
• your own admissions in a police interview (for example, "yeah, I smoke bongs with that").

That is one of the many reasons we tell clients never to do a record of interview before getting advice. See our article on declining a police interview.

What counts as a "thing"?

The section is worded very broadly. The police and the courts have applied it to items such as:

• glass pipes, ice pipes, meth pipes
• bongs and water pipes (including homemade ones)
• aluminium foil "chasers" used for smoking heroin or methamphetamine
• grinders (if containing cannabis residue)
• spoons used for preparing drug solutions
• straws and rolled notes used for snorting
• snap-lock bags containing drug residue
• scales with residue on them
• pill presses, capsule fillers, and similar equipment

Whether an item falls within s 10(2) will always depend on the evidence. An ordinary kitchen grinder, a normal spoon, a clean bag, or a set of postal scales is not automatically criminal. There has to be a link between the item and drug use.

"I only had a bong — is that really a criminal charge?"

Yes. And it is the part that catches most people out.

If you are stopped or searched and police find, say, 0.5 grams of cannabis and a bong, you are likely to be charged with:

• possession of a dangerous drug under s 9 of the Drugs Misuse Act; and
• possessing a thing used in connection with smoking cannabis under s 10(2).

Those are two separate charges. Two convictions, potentially. Two entries on your criminal history.

This matters because of how drug diversion works.

How this affects drug diversion

Queensland has two main diversion pathways for low-level drug offending:

• Police Drug Diversion — the police make the referral before you are charged.
• Court Drug Diversion — the Magistrate makes the referral once you are before the court.

Both are excellent outcomes. When someone completes diversion, they avoid a conviction for the drug itself.

The problem is that drug diversion was originally designed for the possession of the drug, not for the utensil. In practice, if a s 10(2) charge is laid alongside a possession charge:

• Many courts will include it within the diversion where the circumstances are minor (for example, a single bong found with a small amount of cannabis).
• But this is discretionary, not automatic.
• If the utensil charge is not diverted, you can still end up with a conviction for s 10(2) even though the drug charge has been dealt with without one.

That is why it is worth having a lawyer advocate for how the utensil charge is resolved — not just the drug charge itself.

For more on this, see our articles on commercial possession of drugs and the difference between a conviction and a non-conviction.

What about syringes?

Syringes and needles are carved out of s 10(2). They are dealt with under separate subsections (s 10(3) and s 10(4)), which create offences for:

• supplying a syringe or needle for use with a dangerous drug (s 10(3));
• possessing a syringe or needle without taking reasonable care with it to avoid danger to others (s 10(4)); and
• failing to safely dispose of a used syringe or needle (s 10(4A)).

These carry a maximum of 2 years imprisonment each. They exist because Queensland also operates a needle and syringe exchange program, and Parliament did not want to criminalise every person who carries a clean syringe in a harm-reduction context.

Common defences

Most s 10(2) charges are defendable on one of the following lines:

The item wasn't in your possession

If the bong was in a shared house and anyone could have used it, and there is nothing linking it specifically to you, the prosecution may not be able to prove possession. Possession requires knowledge and control.

The item hadn't been used and wasn't going to be

A brand-new, sealed, clean pipe with no residue and no evidence of intended use is not caught. The section requires a past or future connection with actual drug use.

Honest and reasonable mistake of fact

If you genuinely and reasonably believed the item was something else — for example, a glass ornament or a tobacco pipe — you may have a defence under section 24 of the Criminal Code.

No knowledge of the item's presence

Similar to the defence available for drug possession itself — if the item was in a shared area and you did not know it was there, that can be a defence.

A well-drafted letter to police prosecutions, setting out the evidentiary problems with a s 10(2) charge, will often result in the charge being withdrawn altogether — particularly where the drug charge itself is being dealt with by diversion. For background on how these negotiations work, see our brief of evidence article and going to trial in the Magistrates Court.

What are the usual sentences?

For a first offence involving a small amount of paraphernalia, outcomes are typically on the lighter end:

• drug diversion (no conviction recorded);
• a small fine, often in the $200–$600 range, with no conviction recorded; or
• a good behaviour bond.

For more serious matters — multiple items, scales and cash, repeat offending, or where s 10(1) is charged rather than s 10(2) — the outcomes can be much more serious, including community service, probation, or imprisonment.

Whether a conviction is recorded is one of the most important questions in the matter. For many people — tradies with licences, nurses, teachers, anyone with a Blue Card, people who travel for work — a recorded conviction for a drug-related offence can have real consequences well beyond the court.

Frequently Asked Questions

I was charged with drug possession and "possessing things". Why two charges? Because the law treats them as two separate offences. The drug is dealt with under s 9, the item under s 10. Police will almost always lay both where they apply.

The bong wasn't even mine. I was just at a mate's place. That may well be a defence. The prosecution has to prove you were in possession — which means knowledge and some degree of control. Simply being in a room with a bong is not automatically possession.

Will I get a criminal record? Not necessarily. If you are eligible for drug diversion and the court agrees, no conviction is recorded. If diversion is not available and the court imposes a fine, the Magistrate still has a discretion not to record a conviction.

Police didn't charge me on the day — they just took the bong. Can they still charge me later? Yes. Police can lay charges at any time within the relevant limitation period. They often forensically test items first (for example, residue analysis) and charge later by notice to appear. See our article on the notice to appear process.

Will this affect my Blue Card? It can. A recorded conviction for a drug-related offence — even the utensil charge — can trigger a review of your Blue Card. This is another reason to fight for no conviction where possible.

What if police threatened to charge me with supply because of the scales? That is a s 10(1) charge, not s 10(2) — and it is much more serious. Get advice immediately. Do not participate in an interview, and do not try to "explain" the scales to police. See our article on the right to silence in Queensland.

Why use Clarity Law

We are a specialist criminal and traffic law firm. Drug offences — including s 10 charges — are part of our day-to-day work in Magistrates Courts across South East Queensland.

If you engage us we will:

• review the full brief of evidence and identify any weaknesses in the s 10 charge;
• where appropriate, write to police prosecutions seeking withdrawal of the utensil charge on evidentiary or discretion grounds;
• run any diversion application carefully so the charge is not left outside it;
• appear for you at court and advocate for no conviction to be recorded.

How to get more information or engage Clarity Law

If you want to engage us or just need free initial information or advice you can:

1. Use our contact form and we will contact you at a time that suits you.
2. Call us on 1300 952 255 seven days a week, 7am to 7pm.
3. Book a free 15-minute telephone consultation.

We are a no-pressure firm. If you engage us we will give you a fixed price so you know with certainty what we will cost. All client money is held in a trust account monitored by the Queensland Law Society.

Disclaimer: This article provides general information about Queensland law as at April 2026. It is not legal advice and should not be relied on as such. If you are affected by a charge under section 10 of the Drugs Misuse Act 1986, please obtain advice tailored to your circumstances.

Criminal cases in Queensland can be incredibly complex, and charges involving threats carry significant weight and potential repercussions. Threat charges, as outlined in Section 359 of Queensland's Criminal Code are very serious. This comprehensive guide is designed to provide detailed insights into the gravity of these charges, the penalties that can be imposed, and how individuals can protect their rights and understand the intricacies of the law.

Understanding the Charge

Section 359 of Queensland's Criminal Code addresses the act of threatening a person to cause detriment with the intent to prevent or hinder them, compel them to act, or cause public alarm or anxiety. Such a charge, when proven in court, can result in severe penalties and is treated with the utmost seriousness by the legal system.

The Prosecution's Burden of Proof

When a threat charge is brought before the court, the prosecution must meet several conditions to secure a conviction. These include proving beyond a reasonable doubt the elements of the threat, as well as demonstrating the intent behind the threat and the resulting circumstance of harm or public concern.

In general the prosecution must prove;

1. The defendant threatened to cause a detriment to another.
2. With intent to:

• prevent or hinder any person from doing any act which the other person is lawfully entitled to do; or
• compel any person to do any act which the other person islawfully entitled to abstain from doing; or
• cause public alarm or anxiety.

The Meaning of Threatened

The definition of 'threatens' is given its ordinary meaning, and a threat must be of such a nature and extent that it might intimidate or cause apprehension in an ordinary person. Furthermore, Section 359 requires that the threat be made with specific intentions and against specific individuals or members of the community.

The Meaning of Detriment

"detriment" includes the following—

(a) apprehension or fear of violence to, or against property of, the stalked person or another person;

(b) serious mental, psychological or emotional harm;

(c) prevention or hindrance from doing an act a person is lawfully entitled to do;

(d) compulsion to do an act a person is lawfully entitled to abstain from doing.

Examples—

A person no longer walks outside the person’s place of residence or employment.
A person significantly changes the route or form of transport the person would ordinarily use to travel to work or other places.

A person sells a property the person would not otherwise sell.

Circumstances of Aggravation

Certain factors, known as circumstances of aggravation, can intensify a threat charge. These involve making a threat to a law enforcement officer or an individual assisting with law enforcement duties, particularly when related to the investigation of a criminal organization.

Circumstances of aggravation have a sobering effect on the severity of a threat charge, and they can lead to heightened penalties upon conviction. Defendants must approach these aspects of the law with the utmost seriousness and strategic legal guidance tailored to their specific case.

Penalty for Threats

The maximum penalty for making a threat is 5 years imprisonment.  If however the threat is to a police officer investigating a criminal organisation the maximum penalty increases to 10 years imprisonment.

Which Court Hears the Charge?

While the charge will first start in the Magistrates court it must be finalised in the District Court.

Defending Against Threat Charges

Facing a threat charge is a daunting prospect, but it is not without avenues of defence. Each case is unique, and the defence strategy must be built on the individual facts and circumstances surrounding the charge.

Some possible defences might include;

• It was not the defendant who made the threat or the police cannot prove it was the defendant;
• The words or actions were not in fact a threat
• No threat to cause detriment was made
• There was no intention by the defendant to prevent, hinder, cause alarm or anxiety to the other person

Engage an Experienced Lawyer

The most vital initial step for anyone confronted with a threat charge is to seek legal advice from a seasoned professional adept at navigating Queensland's criminal justice system. An experienced lawyer can provide invaluable insights, helping to formulate a comprehensive defence strategy and ensuring that the individual's rights and interests are protected.

Conclusion

The charge of threats under Section 359 of Queensland's Criminal Code is a profoundly serious matter, with the potential to impact individuals on multiple levels. It is a complex charge, drawing a fine line between protected speech and the law's protection of individuals and public order.

For those navigating the intricate details and potential ramifications of a threat charge, the guidance of an experienced legal partner can make a significant difference in the process and the ultimate outcome.

In the complex landscape of criminal law, the charges of forgery and uttering stand out for their nuanced legal definitions and significant implications for the accused. Under section 488 of the Criminal Code in Queensland, these charges are treated with utmost seriousness, reflecting the potential harm to individuals and the broader societal trust in the integrity of documents and records. This blog aims to demystify the legal intricacies of forgery and uttering.

What Constitutes Forgery?

At its core, forgery involves the creation, alteration, or manipulation of a document with the intent to deceive or defraud. The legal definition encapsulates a range of actions that result in a document falsely purporting to be something it is not, whether by presenting itself as authorised by a non-consenting individual or as originating from a non-existent entity. The term "document" is broadly defined to include any written, coded, or symbolically marked medium capable of conveying meaning, thereby encompassing both tangible and digital records.

Legal Elements of Forgery

To secure a conviction for forgery, the prosecution must demonstrate two critical elements beyond a reasonable doubt:

1. The Act of Forgery: The accused must have engaged in making, altering, or dealing with a document in a manner that misrepresents its authenticity, origin, or authority. This encompasses actions that suggest a document was authorised by someone who did not give such authority, or that alter a document’s appearance or content to misrepresent its true nature.

2. Intent to Defraud: The essence of forgery lies in the intent to practise fraud upon another, which is established if the forgery could potentially prejudice any individual's rights or compel them to act against their duty or interest. Crucially, the intent to defraud does not necessitate an aim to cause financial loss, broadening the scope of actions considered fraudulent.

The Charge of Uttering

Uttering, closely related to forgery, involves knowingly passing off a forged document as genuine, with the intention of deceiving someone into accepting it as legitimate. Like forgery, the offence of uttering hinges on the intent to defraud, underscoring the perpetrator’s aim to leverage the forged document to deceive and potentially harm others.

In essence Forgery is the creation of a false document while uttering is the act of using that forged documents to defraud another person.

Defences

The main defences for forgery or uttering would likely be;

1. The defendant did not, or at least the prosecutor cannot prove that the defendant forged a document
2. That the document was not in fact forged
3. That if the document was forged the document was not uttered
4. If the document was forged and was uttered that the defendant did not do it with an intention to defraud.

Penalty

The maximum penalty for forgery and uttering is 3 years in prison.  If however the document was a power of attorney or document issued by a lawful authority the maximum penalty increases to 7 years.

If the forgery involved a security, insurance policy, will or birth certificate the maximum penalty increases to 14 years.

Which Court hears the Forgery Charge?

The Magistrates courts hears the charge.

Relevant Cases

In the case of R v Perrin [2017] QCA 194, the appellant, Mr. Perrin, appealed against his conviction on the grounds that the trial judge failed to leave an exculpatory provision for the jury’s consideration. The provision stated that a person is not criminally responsible if they act in the exercise of an honest claim of right.

The appeal was dismissed as proof of the offences precluded the application of the provision. The charges stemmed from transactions with the Commonwealth Bank of Australia involving forged signatures. The appellant argued that he had authority to sign the documents on behalf of his wife. However, the court held that proof of dishonesty in the offences negated the possibility of an honest claim of right defence. Additionally, the jury directions were deemed adequate. Both grounds of appeal were dismissed.

Conclusion

In Queensland, forgery and uttering are serious charges with significant legal implications. Forgery involves creating or altering a document with the intent to deceive, while uttering is knowingly passing off a forged document as genuine. To secure a conviction, the prosecution must prove the act of forgery and the intent to defraud beyond a reasonable doubt.

Defences may include disputing the act of forgery or uttering, or challenging the intent to defraud. Penalties for forgery and uttering vary based on the type of document involved, with maximum sentences ranging from 3 to 14 years. These charges are heard in the Magistrates Court.

For those facing allegations of forgery or uttering, it is crucial to consult with legal professionals who can provide expert advice and representation, ensuring that the accused's rights are fully protected and upheld within the legal system.

In an era where public safety is paramount, the law takes a severe stance against actions that threaten communal well-being. Among these, the offence of making a bomb hoax is treated with particular severity. Under section 321A of the Queensland Criminal Code, the act of misleading others into believing that a dangerous or destructive substance is present, constitutes a serious crime.

This blog post aims to dissect the legal framework surrounding bomb hoaxes in Queensland, offering insights into its consequences and highlighting a pivotal case to underscore the judiciary's approach to such offences.

The Law

Section 321A of the Criminal Code articulates the offence of bomb hoaxes, outlining the necessary elements that constitute this crime. The law is clear: anyone who falsely claims or suggests that an explosive or harmful substance has been placed in a location within Queensland commits a criminal offence. The legislative intent is to deter individuals from inducing panic or fear through misinformation, a goal that aligns with broader societal aims of ensuring public safety and order.

The statute mandates a maximum penalty of five years imprisonment for those found guilty of stating that a bomb exists while someone who sends or places an article or substance designed to make people think it is a bomb faces a maximum 7 years in prison.

Legal Requirements for Conviction

There are two separate charges under the act;

• People who send or place a substance designed to look or act like a bomb (section 321A(1))
• People who just say that a bomb is in a particular location (section 321A(2))

Lets look at each charge.

Sending or placing a fake bomb

The law states it is an offence nny person who—

(a) places an article or substance in any place; or

(b) sends an article or substance in any way;

with the intention of inducing in another person a belief that the article or substance is likely to explode, ignite, or discharge a dangerous or noxious substance, commits a crime.

The maximum penalty is 7 years in prison.

To be found guilty of the offence the prosecution would need to prove that:

• The defendant placed or sent the article (or substance) in the place; and

• The defendant intended to induce in another person a belief that the article (or substance) was likely to explode (or ignite or discharge a dangerous or noxious substance)

It is not necessary that the prosecution prove that some particular person was intended to be induced to the belief. It is sufficient that the defendant intended any other person or persons to be induced to that belief.

It is immaterial that the article (or substance) was not in fact likely to explode (or ignite or discharge a dangerous or noxious substance).

Saying there is a bomb

For a conviction under section 321A(2), the prosecution must satisfy three critical criteria beyond reasonable doubt:

1. The Act of Making a False Statement: It must be proven that the defendant intentionally conveyed false information or made a statement to another individual.

2. Knowledge of Falsity: The individual accused of the hoax must have known, or believed, the information or statement to be false at the time of communication.

3. Intent to Induce Belief in the Threat: There must be a clear intention behind the defendant's actions to make another person believe that an explosive, noxious substance, or other dangerous items are present in a place within Queensland.

It is noteworthy that the perpetrator's location during the commission of the offence is irrelevant under the statute, placing emphasis on the conveyed threat's impact rather than the defendant's physical presence.

The maximum penalty for this offence is 5 years imprisonment.

A Notable Case:

The case of R v Tobin [2008] QCA 54 involved an appeal against a sentence in the Supreme Court of Queensland - Court of Appeal. The appellant, Martin Francis Anthony Tobin, was convicted on his pleas of guilty to two counts of bomb threats. Initially, he was sentenced to six months imprisonment, wholly suspended for two years. However, the sentence was appealed on the grounds that it was manifestly excessive considering the circumstances, including significant mitigating factors and the fact that the bomb threat was not taken seriously.

The appeal was allowed, and the Court ordered that no conviction be recorded. Instead, Tobin was sentenced to probation for six months with conditions, including compliance with anger management and alcohol management as directed by an authorized Corrective Services Officer. 

Which Courts hears the charge?

While the matter starts in the Magistrates court it must be finalised in the District Court.

Are there any defences to a bomb hoax charge?

Possible defences include;

• It was not the defendant who made the false statement about the bomb or planted the article pretending to be a bomb or the police cant prove it was

• The defendant did not intend anyone to believe there was a bomb

• Mistake of fact

Childrens Court

Children (those under 18 years old) are often charged with this offence especially when it involves a bomb hoax at a school.

Children are treated differently than adults and go through the children’s court and not the adult courts.

The charge is however treated very seriously by the children’s court.

Conclusion

If you are charged with making bomb hoax it is critical that you get legal advice BEFORE talking to the police.  Never ever talk to police without first getting legal advice.

A key component of the charge is the intention to make people believe a bomb exists and if you say the wrong thing to the police this may be easy to prove.

Engaging Clarity Law to act for you

Engaging us gives you the best chance at trying to avoid serving time in prison.   We are one of the leading criminal law firms in South East Queensland.  Just some of the benefits of us acting for you include:

1. we know the judges and what they want to hear to give you the best outcome

2. we have good relationships with the prosecutors meaning we can often have them not seek an actual prison sentence

3. we are there to help you through the process and make everything as stress free as possible

4. engaging us shows the court you are taking your charges seriously

5. you will be fully informed of what is to happen in court and what this means for you after court

6. unlike the police or the Judge, we are there to look after you, your privacy and your interests

How do I get more information or engage you to act for me? 

If you want to engage us or just need further free information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255seven days a week, 7am to 7pm

3. Click here to select a time for us to have a free 15 minute telephone conference with you

4. Email the firms founder on This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission or until we are legally allowed to.

In Queensland, 'Deprivation of Liberty' is a serious charge that encompasses unlawfully confining or detaining a person against their will. This offence is particularly sensitive because it infringes on the fundamental human right to freedom of movement. If you find yourself accused of this charge, it is crucial to understand what it entails legally and the consequences you may be facing.

The Origin of the Law

Deprivation of liberty offenses arise under various laws and statutes in Queensland, which are part of the larger framework of Australian criminal law that seeks to protect individuals from harm and protect their rights. This legal concept has evolved through case law, where past judgments have shaped the understanding and application of what amounts to deprivation of one's liberty.

The Law

Section 355 of the Criminal Code states that

355 Deprivation of liberty

Any person who unlawfully confines or detains another in any place against the other person’s will, or otherwise unlawfully deprives another of the other person’s personal liberty, is guilty of a misdemeanour, and is liable to imprisonment for 3 years

What does the Prosecution have to prove?

The prosecution must prove that:

1.      The defendant:

• confined or detained another in any place against the other person’s will; or
• otherwise deprived another of the other person’s personal liberty.

2.      The defendant did so unlawfully. That is, not authorised, justified or excused by law.

Definitions

Detain means keep in confinement or under restraint. Restraint can be exercised by threats. The defendant does not have to use force or physical restraints. If the defendant compels the person by threats to remain in a place against that person’s will, that is sufficient. Depriving of liberty simply means taking away the free choice of a person to move about as he or she wants.

Unlawfully Deprives includes the denial of enjoyment of something.

Personal Liberty is ‘the condition of being able to act in any desired way without restraint; power to do as one likes.’ Unlawfully deprives means taking away the free choice of a person to move about as he or she wants. A person may be deprived of their liberty not only against their will but also where the deprivation was achieved by fraud, done without knowledge or where the complainant lacks capacity.

Which Court hears the charge?

The matter is dealt with in the Magstrates court where the offence occurred.

Defences to the Charge

Every individual is entitled to a defence, and in the context of a deprivation of liberty charge, several defences may be applicable depending on the circumstances of the case. For example:

• Consent: If the person alleged to be deprived of their liberty consented to the restrictions, this could be a viable defence.

• Lawful Authority: Actions taken under lawful authority, such as those by police officers or under mental health laws, or parents lawfully dealing with their children may not constitute unlawful deprivation.

• Mistake: A genuine mistake about the legal status or entitlement to confine another person may at times be a defence.

However, it's important to note that every case is unique and the success of such defences depends greatly on the specific facts of your case.

Penalties

The maximum penalty is 3 years in prison.

The penalty for deprivation of liberty depends on a number of factors including

• The circumstances of why the offence occurred

• What exactly happened

• Was any violence threaten or used

• The defendants criminal history

• Whether the parties were in a domestic relationship

• How long the offending lasted

• Whether other charges like an assault charge or breach of a DVO is also bought.

While the maximum penalty would be rare In about 50% of cases before the courts a term of imprisonment is imposed but the court can in appropriate circumstances choose to suspended that or release a person on probation without them serving any actual time in prison.

If the offence involved people in a domestic relationship the police or the courts may issue a domestic violence order or vary an existing one.

Case Example of the charge of Deprivation of Liberty Charge Queensland

In R v East the defendant was found guilty of deprivation of liberty when he locked 2 federal police officers in his businesses reception when they were there trying to serve official documents.

In R v Adams the defendant pleaded guilty of deprivation of liberty after he entered a liquor store and locked the automatic door trapping two staff members inside until the police arrived.

What if a Police Officer wants to talk to me?

Never talk to the police without getting legal advice first. Its rare you can explain a situation away and even if you are innocent or have a defence you can make the situation worse by talking to the police.

Read more with our article: Police Questioning and your Right to Silence

Legal Representation Matters

If you are facing a charge for deprivation of liberty, the importance of seeking experienced legal representation cannot be overstated. Legal professionals specializing in criminal law, such as Clarity Law, possess the expertise necessary to provide valuable guidance and build a robust strategy, tailored to the specifics of your case.

For anyone charged with or accused of deprivation of liberty in Queensland, remember that this article serves merely to inform and should not be taken as legal advice. Every situation is unique and demands the personalized attention of a professional. If you require assistance or more information, it is recommended that you contact a legal practitioner who can provide specific guidance related to your case, what the law is, how the offence is dealt with in the Magistrates Court and whether you will have any defences to the offence or if negotiations with the prosecutor is possible.

For immediate assistance, you can reach out to Clarity Law at 1300 952 255 for support from a team of dedicated lawyers who pride themselves on ensuring that good people make it through tough times.

Engaging Clarity Law to act for you

Engaging us gives you the best chance at trying to avoid serving time in prison.   We are one of the leading criminal law firms in South East Queensland.  Just some of the benefits of us acting for you include:

1. we know the judges and what they want to hear to give you the best outcome

2. we have good relationships with the prosecutors meaning we can often have them not seek an actual prison sentence

3. we are there to help you through the process and make everything as stress free as possible

4. engaging us shows the court you are taking your charges seriously

5. you will be fully informed of what is to happen in court and what this means for you after court

6. unlike the police or the Judge, we are there to look after you, your privacy and your interests

How do I get more information or engage you to act for me? 

If you want to engage us or just need further free information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255seven days a week, 7am to 7pm

3. Click hereto select a time for us to have a free 15 minute telephone conference with you

4. Email the firms founder on This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission or until we are legally allowed to.

Facing a criminal charge in Queensland can be a daunting experience, but presenting yourself in court with appropriate attire can help convey respect for the legal process and possibly influence the perception of the judge and jury. While there's no strict dress code outlined in Queensland law, dressing conservatively and professionally is generally advisable. Here's a comprehensive guide on what to wear to court when you're facing a criminal charge in Queensland.

Understanding the Importance of Dressing Appropriately

First impressions matter, especially in a courtroom setting where judgments can be swift and influenced by various factors. Knowing what to wear to court can potentially impact how you're perceived by the judge, jury, and other courtroom personnel. Dressing appropriately demonstrates respect for the legal proceedings and can reflect positively on your character and attitude towards the charges you're facing.

General Guidelines for Courtroom Attire

When selecting your attire for a court appearance, it's crucial to opt for clothing that is conservative, neat, professional but comfortable. Here are some general guidelines to follow:

1. Business Attire: Aim for clothing typically worn in professional settings, such, dress shirts, and trousers/skirts. Solid colours or subtle patterns are preferable over flashy or loud designs.       You don’t necessarily need to wea a suit but if you are comfortable in a suit that would be the most appropriate thing to wear. Aim to wear no less than what you would wear to a job interview.

2. Neat and Clean: Ensure your clothing is clean, ironed, and free of wrinkles or stains. Pay attention to small details like loose threads or missing buttons, as they can detract from your overall presentation.

3. Comfortable Yet Respectful: While comfort is important, avoid overly casual clothing like t-shirts, jeans, shorts, or sneakers. Opt for closed-toe shoes and avoid excessive jewellery or accessories.

4. Cover Tattoos and Piercings: If you have visible tattoos or piercings, consider covering them if possible, as they may distract or prejudice certain individuals in the courtroom.

5. Hair and Personal Grooming: Maintain a well-groomed appearance with neatly trimmed hair and facial hair. Avoid extreme hairstyles or colours that may be deemed inappropriate for a formal setting.

6. Minimal Fragrance: Refrain from wearing strong perfumes or colognes, as they can be distracting or trigger allergies for others in the courtroom.

Specific Considerations for Defendants

As a defendant facing criminal charges, your attire should convey sincerity, humility, and respect for the judicial process. The courts are conservative places.  Here are additional tips tailored specifically for defendants:

1. Avoid Clothing Associated with Crime: Steer clear of attire commonly associated with stereotypes or criminal imagery, such as hoodies, baggy pants, or clothing with offensive slogans or graphics.

2. Blend In, Don't Stand Out: Aim to blend in with the general demeanour of the courtroom rather than drawing undue attention to yourself through your clothing choices. The focus should be on your case, not your attire.

3. Shirts Should have Collars: But surf wear, even with collars is never acceptable.

4. Flip Flops are a Major NO NO: Anything that you would wear to the beach should never be worn in court.  This means no hats or sunglasses.

5. Consult with your Lawyer: If unsure about what to wear, consult with your lawyer for guidance. They can provide valuable insights based on their knowledge of courtroom etiquette and the specific circumstances of your case.

Remember lots of defendants will not dress appropriately. Aim to be one that does and show you are taking your charges seriously, the Judges and Magistrates appreciate the effort you would have put in to dress appropriately for court.  Avoid being this person.

Conclusion

In Queensland, as in other jurisdictions in Australia, dressing appropriately for court is an essential aspect of presenting yourself in the best possible light during legal proceedings. By adhering to the principles of professionalism, conservatism, and respect, defendants can enhance their credibility and demonstrate their commitment to the judicial process. While clothing alone won't determine the outcome of your case, it can contribute to a favourable impression and convey a sense of responsibility and seriousness regarding the charges you're facing.

Some of the Areas of Law we can Assist People in

• Drink Driving
• Drug Driving
• Unlicensed Driving
• Careless Driving
• Dangerous Driving
• Disqualified Driving
• Hooning
• Driving 40 kmh over speed limit
• Work Licences
• Hardship Licences
• Evading Police
• Drugs Charge
• Assault Charges
• Fraud Charges
• Obstruct or Assault Police
• Stealing
• Driving Offences
• Centrelink fraud
• Breach Domestic Violence Order
• Wilful Damage
• Unlawful Stalking
• Appeals
• Trespass
• Bail
• Work Health Offences

Facing criminal charges can be a stressful and overwhelming experience. One crucial aspect of navigating the legal process is keeping track of your court dates. In Queensland staying informed about when you are required to appear in court for a criminal or traffic matter is essential.

This article will guide you through the steps to check the date of your criminal court appearance in Queensland.

How do I find out my court date?

Bail Documents

If you have been granted bail in court or by the police then the bail document will contain the next court date.

Notice to appear

If the police issue you with a notice to appear in court then that document will have listed your first mention date in court.

QP9

The court brief or more commonly called the QP9 contains on the first page the date of the first mention date in court for the charges.

Online lookup

The easiest way to find your court date is to use the criminal case lookup portal run by the courts. This has information on all criminal and traffic offences listed in the Magistrate, District and Supreme courts in Queensland. It also covers special hardship and work licence applications.

To access the criminal case lookup you need your first and last name as well as your date of birth.

Click here to access the Criminal Case Lookup

Contact the court

You can contact the court registry for the court you are appearing in by clicking on the court contact list.

Speak to your lawyer

If you have engaged a Criminal Lawyer or Traffic Lawyer who has already been to court on the matter they will know your next court date. This is most common when your lawyer was permitted to attend on your behalf so you would not have been in court to hear the new court date.

What happens if I miss my court date?

If you miss a court date in Queensland, there's likely a warrant for your arrest. You can contact the court to check for a warrant and surrender yourself for a better outcome.

Surrendering promptly is advised to avoid arrest. The surrender process involves appearing at the court registry, explaining reasons for missing the date, and stating your intentions (guilty plea, legal advice, or challenging the offence).

You can surrender at any court, not necessarily the one issuing the warrant, as per the Police Powers and Responsibilities Act 2000.

Getting a lawyer for surrender is recommended, especially for serious offences or if you lack confidence. Hiring a lawyer for surrender doesn't obligate you to retain them for the entire case. Dealing with the charge causing the warrant immediately depends on the offence; legal advice is crucial. The key message is clear: take proactive steps and surrender before waiting to be arrested.

Learn More: We have a whole article on What do I do when you have missed your court date!

I’m sick and won’t be able to attend court, what should I do?

Contact the court and explain the situation. Depending on the circumstances the court may require you to provide a medical certificate or appear by phone. Different courts will have different approaches to people who are sick on their court date, so what occurs in one court may not occur in another.

I’m running late for court what can I do?

Ring the courthouse you are going to and explain the situation. Don’t just hope everything will be fine.

I have a court date coming up but my lawyer told me I don’t need to attend

If you have legal representation, your lawyer should keep you informed about upcoming court dates. In many cases where bail has been granted a lawyer can appear on your behalf without you needing to attend the court.

Useful links

Criminal Case Lookup

Queensland courts contact details