Clarity Law

Queensland has instituted various laws to protect individuals' rights and privacy. Section 227A of the Criminal Code addresses the serious offence of making observations or recordings in breach of privacy. This provision aims to safeguard individuals from invasive and unwarranted surveillance, reinforcing the importance of privacy in the digital age.

 https://youtu.be/FQuJzno4Tlk

Understanding Section 227A

Section 227A - Observations or Recordings in Breach of Privacy specifically targets the act of making observations or recordings without consent, infringing upon an individual's right to privacy. The provision encompasses a range of activities, including but not limited to, photographing, filming, or recording someone without their knowledge or consent in situations where they have a reasonable expectation of privacy.

What does the Law say?

Section 227A(1) sest out that:

A person who observes or visually records another person, in circumstances where a reasonable adult would expect to be afforded privacy—

(a) without the other person’s consent; and

(b) when the other person—

(i) is in a private place; or

(ii) is engaging in a private act and the observation or visual recording is made for the purpose of observing or visually recording a private act;

commits a misdemeanour.

In addition a separate offence is set out in section 227A(2)

A person who observes or visually records another person’s genital or anal region, in circumstances where a reasonable adult would expect to be afforded privacy in relation to that region—

(a) without the other person’s consent; and

(b) when the observation or visual recording is made for the purpose of observing or visually recording the other person’s genital or anal region;

commits a misdemeanour.

Elements of the Offence

For a charge under Section 227A to be established, several key elements must be satisfied:

1. Observations or Recordings:

   • The accused must have engaged in the act of making observations or recordings. This can involve visual surveillance, such as taking photographs, as well as audio recordings without the subject's consent.

   • “Observe” is defined as observe by any means.

   • “Visually record a person” means record by any means, moving or still images of the person or part of the subject.

2. Lack of Consent:

   • The observations or recordings must have occurred without the explicit consent of the individual being observed or recorded. Consent is a critical factor in determining the legality of such actions.

   • Consent” must be freely and voluntarily given by a person with the cognitive capacity to give the consent.

3. Reasonable Expectation of Privacy:

   • The person being observed or recorded must have had a reasonable expectation of privacy in the given circumstances. For instance, activities within private spaces like homes, backyards or washrooms typically carry a higher expectation of privacy than public spaces.

   • It comes down to the test of whether a “reasonable adult” could expect to be afforded privacy in all the circumstances.

   • Where the charge is not related to filming the genital or anal region but just that they filmed the other person then that other person must be in either a private place or engaging in a private act and the observation or visual recording is made for the purpose of observing or visually recording a private act.

Examples

Example 1: Beach

Generally, a person at the beach does not expect a high degree of privacy. So a person who films the beach scene as a whole wouldn’t breach the law. However if someone were to specifically film a persons genital or anal region this could be considered a breach of section 227A(2) as this offence does not require the subject to be in a private place.

Example 2: Backyard

Generally, a person in their backyard expects a high degree of privacy. The degree of privacy might be influenced by how many neighbours they have and where the neighbours houses are located. There is however likely not many examples where a person could be filmed in their backyard and this not considered a breach of the law against observations or recordings in breach of privacy.

Example 3: Home

Generally a person in their house expects the very highest degree of privacy. Any filming of someone in their house would breach the law against observations or recordings in breach of privacy.

Which Court will hear the Charge?

The charge of observations or recordings in breach of privacy will be heard in the Magistrates court closet to where the offence occurred.

Penalties

A breach of Section 227A is considered a misdemeanour criminal offence in Queensland. It carries a maximum penalty of up to 3 years in prison.

The severity of the penalties may depend on factors such as

• the nature of the breach

• the extent of the invasion of privacy

• the intention of the accused in doing the filming

• any potential harm caused to the victim

• the age of the victim

• the length of time or the number of times the recording occurred

• the defendants criminal history

• how sophisticated the filming setup was

In most cases a prison sentence will be imposed however the defendant may not have to serve time in prison if the sentence is wholly suspended or if an immediate parole release date is set.

Legal Defences

Defendants charged under Section 227A may explore various legal defences, including but not limited to:

1. Lack of Intent:

   • Demonstrating that the observations or recordings were unintentional or accidental may serve as a defence. Proving a lack of malicious intent can be crucial in such cases.

2. Consent:

   • If the accused can establish that they had obtained valid consent from the individual being observed or recorded, it could serve as a defence against the charges.

3. Public Domain:

   • Arguing that the observations or recordings occurred in a public space where individuals generally have a diminished expectation of privacy may be a viable defence strategy. The law requires that the recordings where done in the situation that that person would expect to be afforded privacy.

   • If the charge was under section 227(1) then proving the filmed person was not a private place or engaging in a private act and the recording was not made for the purpose of observing a private act could be a defence.

Can the charge be withdrawn?

Depending on the circumstances it may be possible to negotiate the charge with the prosecutor. This is called case conferencing. For example it might be possible to try and convince the prosecutor that the filing was excused by law or that there was a valid reason for the filming.

Will I get a criminal conviction if I plead guilty to the charge?

The answer is most likely. It depends on a number of factors. Only an experienced criminal lawyer can give you advice on the best way to try and avoid a conviction being recorded if you plead guilty to this charge. Note however if imprisonment is part of the penalty then a conviction must be recorded.

 Learn more about the difference between a conviction and non-conviction

The police want to talk to me about a observations or recordings in breach of privacy charge

Never ever give an interview to police without first getting legal advice. Even if you are innocent, even if you have a defence you could say the wrong thing and virtually guarantee you will be found guilty of the charge.

The police are not on your side, get immediate legal advice.

Learn more about your right to silence.

I’m not guilty of observations or recordings in breach of privacy

Still don’t talk to the police. A lawyer would require the prosecutor to give them all their evidence and statements. This is known as the full brief of evidence. Once the brief was received then negotiations with the prosecutor to drop the charge can occur.

Learn more about what to do if accused of a crime you didn’t commit.

• I didn’t do it! What to do if Accused of a Crime you didn’t Commit

• Visit our main criminal law website

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.

Conclusion

Section 227A of the Queensland Criminal Code - Observations or Recordings in Breach of Privacy serves as a crucial safeguard for privacy rights in the digital age. Understanding the elements of this offence and potential legal defences is essential for those navigating the complexities of criminal law in Queensland. As technology continues to advance, the legal system must adapt to ensure that individuals' right to privacy is upheld and protected.

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Arson is a serious criminal offence in Queensland, carrying significant penalties. If someone is charged or accused of arson in Queensland it’s crucial to comprehend the law around arson charges, the elements of the offence, and the potential consequences for offenders. In this article, we delve into the specifics of arson law in Queensland, providing essential information for those facing this charge.

What constitutes arson?

Arson involves the wilful and unlawful act of setting fire to various types of property. These include:

• A building or structure

• A motor vehicle, train, aircraft, or vessel

• Stacks of cultivated vegetable produce or mineral/vegetable fuel

Examples of arson scenarios:

• Setting fire to a house

• Setting fire to a car

• Setting fire to a door to a unit

• Setting fire to a chair in a house

• Setting fire to a business to collect on the insurance

• Setting fire to a boat

What does the law say?

Section 461 of the Criminal Code sets out the charge of arson as:

(1) Any person who wilfully and unlawfully sets fire to any of the things following, that is to say—

(a) a building or structure;

(b) a motor vehicle, train, aircraft or vessel;

(c) any stack of cultivated vegetable produce, or of mineral or vegetable fuel;

(d) a mine, or the workings, fittings, or appliances of a mine;

is guilty of a crime, and is liable to imprisonment for life.

(2) It is immaterial whether or not a thing mentioned in subsection (1) (a) or (b) is complete.

Elements of the offence

To secure a conviction for arson, the prosecution must prove:

1. The accused set fire to the property; and

2. The act was wilful; and

3. The defendant did so unlawfully.

Looks look at those elements in more detail.

The accused set fire to the property

There must be some actual damage caused by the fire. It is not enough that the accused was going to set fire to the property, a fire must have started.

It is however not required that the whole property is destroyed, merely that some component of the property is damaged by fire. It is also not a requirement that the property was complete, it is still an offence if say the property was a house and it was only half completed.

The act was wilful

The act of setting fire to the property must be intentional or acting with indifference to the likelihood of a foreseen result occurring. In R v Lockwood; ex parte Attorney-General the court specifically found that that the word “wilfully” applies to an accused person who deliberately did an act (that is, that it was a willed act) aware at the time he did it, that the result, i.e. a fire was, the likely consequence of his act and that he recklessly did the act regardless of the risk.

If at the time of the arson the accused was intoxicated this may, depending on the level of the intoxication, mean the accused could not have formed the necessary intent to damage the property.

The defendant did so unlawfully

It is immaterial whether the person had lawful possession of the property at the time of the arson or indeed owned or part owned the property.

If an accused has a valid defence then the offence cannot be unlawfully.

Defences to arson

Defences against arson charges may include:

• Lack of intent

• Lawful reasons for setting fire

• No actual property damage

• Accident

• Intoxication

• Mistake

• Identification

• Necessity

Which court hears the matter?

The matter will start in the Magistrates Court closet to where the alleged arson occurred. The charge is however too serious for the Magistrates Court to determine and will therefore ultimately be finalised in the District Court.

Penalties and sentencing for arson

Arson carries a maximum penalty of imprisonment for life. The most likely penalty will be a term of imprisonment between 19 and 48 months.

However the penalty depends on a number of factors including;

• The sentencing principles in the Penalties and Sentences Act;

• Relevant case law (previously decided cases);

• the maximum penalty of the offence;

• the penalty submissions made by the prosecution;

• the penalties submissions made by the defence;

• the personal circumstances of the defendant;

• the circumstances of the offence;

• any victim impact statement;

• the impact the offence had on an individual or the public generally;

• how much planning went in the arson offence

• the value of the property destroyed by the fire

• If any person was injured by the fire

• any time in custody the defendant has already served before the sentence and;

• the criminal history of the defendant.

Don’t try and guess what a penalty may be or rely on google searches, contact an expert criminal lawyer who can properly advise you on a potential sentence and if any defences exist.

See out article on How Does the Court Set a Prison Sentence?

See also the Queensland Sentencing Advisory Council for details of the sentences for arson that have been imposed in the past.

Can the charge be withdrawn?

Depending on the circumstances it may be possible to negotiate the charge with the prosecutor. This is called case conferencing. For example it might be possible to try and convince the prosecutor that the element of the charge aren’t made out or the defendant has a defence and therefore the charge should be withdrawn.

We once acted for a client charged with arson. He was found near a burning car with clothes the police described as smelling strongly of smoke. We were able to have the charge withdrawn as we argued they did not have enough evidence to convince a jury that it was our client who committed the arson.

Will I get a criminal conviction if I plead guilty to the charge?

The answer in almost all cases will be yes.

Only an experienced criminal lawyer can give you advice on the best way to try and avoid a conviction being recorded if you plead guilty to this charge. Note however if imprisonment is part of the penalty, as it almost always is for arson charges, then a conviction must be recorded.

The police want to talk to me about an arson charge

Never ever give an interview to police without first getting legal advice. Even if you are innocent, even if you have a defence you could say the wrong thing and virtually guarantee you will be found guilty of the charge.

The police are not on your side, get immediate legal advice before talking to police and if you can’t get that legal advice don’t talk to the police.

Learn more about your right to silence.

FAQ

Q: Can an accidental fire be considered arson?

A: No, arson requires wilful and unlawful intent. Accidental fires do not fall under this category.

Q: What if the accused was mentally impaired?

A: If the accused lacked the capacity to understand their actions due to mental impairment, it may be a valid defence.

Q: Is arson treated differently for juveniles?

A: Yes, age-related factors play a role. Juveniles (under 18) will have different legal considerations and a different sentences law.

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 952 255 seven 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.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

In the complex realm of criminal law, the charge of unlawful wounding in Queensland carries serious implications. Understanding the nuances of this offence is crucial for individuals facing such allegations. This article provides a comprehensive guide to Queensland's unlawful wounding charge, covering key elements, defences and the role of criminal defence lawyers.

What does the law say?

Section 323 of the Criminal Code sets out the law in regarding to unlawful wounding.

Its states that;

             A person who unlawfully wounds anyone else commits a misdemeanour

What does the Prosecution need to prove?

In order to make out a charge of unlawful wounding the prosecutor must prove;

1. That the defendant wounded the complainant

2. That the wounding was unlawful. A wounding is unlawful unless it is authorised or justified or excused by law

In order to constitute a wound the “true skin” must be broken and penetrated, not merely the cuticle or outer skin.

Does a weapon need to be used?

No, also long as the skin (not the outer skin) is broken and penetrated then it does not matter if a weapon was used or not.

We often see this offences occur where someone is ”glassed” i.e. hit with a bottle or glass and that causes the wound. Glassing is often the action that lead most first time offenders to be charged with unlawful wounding.

What is the penalty for wounding?

The maximum penalty is 7 years imprisonment. In addition if the defendant was in a public place and intoxicated then community service must also be imposed.

How does the court decide a penalty?

The court has a wide discretion to decide on a penalty and how much importance to give to mitigating factor in each case. The court will likely consider factors, such as:

• the maximum penalty prescribed for that offence

• the nature and seriousness of the harm done

• the previous convictions of the offender

• the offender's age, character and intellectual capacity

• the prevalence of the offence

• any other relevant circumstances

Once the court looks at the main factors in determining a sentence they will look at the mitigating factors of the defendant. Mitigating factors are any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence

• Early guilty plea: This is one of the most significant mitigating factors, as it can result in a discount of up to 33% on the sentence . It also demonstrates remorse and cooperation with the justice system as well as an acceptance of responsibility for the offence

• No criminal history: This can show that the offender is of good character and that their offending was out of character or an isolated incident. It can also indicate a low risk of reoffending

• Significant physical or mental health issues or low intellectual capacity: These factors can affect the offender's culpability, meaning their level of blame or responsibility for their actions.

• Rehabilitation efforts after the offence: These can include things like attending counselling, completing courses, seeking treatment, paying compensation or apologising to the victim. They can show that the offender is genuinely remorseful and willing to address their underlying issues or problems that led to their offending

• Providing the court with character references

Important information on our blog that explains more on how a court decides a penalty.

How Does the Court Set a Prison Sentence?

Mitigation: How the court sets a sentence in Queensland

Will I go to jail for a unlawful wounding charge?

That’s impossible to answer without all the information circumstances known.

What we can say is that the Court of Appeal (our highest court) has made it clear that wounding charges, even from a first time offenders, would ordinarily require the court to sentence them to actual time in prison.

It all depends on the facts of a particular charge. The court might in the right circumstances wholly suspended a sentence or impose probation or immediate parole release all of which means no time is served in prison for the wounding charge.

Which court hears the wounding charge?

While the charge will start in the Magistrates court it must be ultimately determined in the District Court.

Are there defences to unlawful wounding?

The most likely defence someone would use to a wounding charge is self defence. In its most straight-forward formulation, self defence means protecting ourselves (or someone else) from violence, or anticipated violence. Self-defence is only available as a legal defence if the force used is “reasonable to repel the attack”

Once a defence is raised then the prosecutor has the burden to disprove the defence. Learn more about Self-Defence and the use of force: Your rights in Queensland

As unlawful wounding is a not an assault charge therefore the defence of provocation is not available.

Another defence might be what is known as an identification defence. While not a true defence in essence it means the prosecutor can’t provide beyond a reasonable doubt that it was definitely the defendant that caused the wound. For example there might have been a brawl involving lots of people and anyone could have caused the wound. Another example might be a glassing in a dark nightclub where it if difficult to positively identify the offender.

Can the charge be withdrawn?

Depending on the circumstances it may be possible to negotiate the charge with the prosecutor. This is called case conferencing. For example it might be possible to try and convince the prosecutor that the wounding was excused by law or the medical evidence does not meet the standard for a wounding charge and therefore the charge should be withdrawn.

Will I get a criminal conviction if I plead guilty to the charge?

The answer is possibly. It depends on a number of factors. Only an experienced criminal lawyer can give you advice on the best way to try and avoid a conviction being recorded if you plead guilty to this charge. Note however if imprisonment is part of the penalty then a conviction must be recorded.

The police want to talk to me about a wounding charge

Never ever give an interview to police without first getting legal advice. Even if you are innocent, even if you have a defence you could say the wrong thing and virtually guarantee you will be found guilty of the charge.

The police are not on your side, get immediate legal advice.

Learn more about your right to silence.

I’m not guilty of the wounding

Still don’t talk to the police. A lawyer would require the prosecutor to give them all their evidence and statements. This is known as the full brief of evidence. Once the brief was received then negotiations with the prosecutor to drop the charge can occur.

Learn more about what to do if accused of a crime you didn’t commit.

• I didn’t do it! What to do if Accused of a Crime you didn’t Commit

• Visit our main criminal law website

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 952 255 seven 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.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Queensland law provides that it is illegal to strike, harm or otherwise cause pain to another person. A person doing this would be guilty of an assault.

This would seem to make it illegal for a parent or guardian in Queensland to smack a child.

However the situation is not that simple as the law provides a defence or exemption for certain people but only if the physical discipline used was reasonable in all the circumstances.

The Law

It is important to remember that there is no separate charge of unreasonably disciplining your child, if you are charged it will be for an assault and the type of assault charge will be determined by the injuries suffered by the child.

The definition of an assault is where a person strikes, touches, moves, or otherwise applies force of any kind to another person, directly or indirectly, without the other person’s consent or threatens to apply force of any kind to another provided that the person making the attempt or threat has the ability to carry it out. As you can see the definition of assault is wide enough that you can be charged with assault merely by threatening an assault. The law is contained in the Criminal Code (Qld).

Are there different types of assaults?

There are a number of different types of assault charges in Queensland but the most common are;

Common Assault

Common assault is the most frequent assault charge that the Queensland Court hear. Generally a person will be charged with common assault where the person assaulted has only minor injuries or no injuries at all. The maximum penalty is a term of imprisonment for 3 years and is dealt with in the Magistrates Court.

We have a dedicated common assault page

Assault occasioning bodily harm

An assault occasioning bodily harm occurs where the person assaulted has suffered injuries that fall within the definition of bodily harm. In Queensland “Bodily harm” means any injury which interferes with health or comfort. The maximum sentence for assault occasioning bodily harm is 7 years.

The matter is dealt with in either the Magistrates Court or the District Court. We have a dedicated assault occasioning bodily harm page.

Under the assault laws it would be illegal to smack your child no matter the circumstances. However Section 280 of the Criminal Code provides the following exemption to allow parents to physically discipline their children. The law provides that;

It is lawful for a parent or a person in the place of a parent, or for a schoolteacher or master, to use, by way of correction, discipline, management or control, towards a child or pupil, under the person’s care such force as is reasonable under the circumstances.

What are the key points of the defence or exemption on smacking children?

The key points for the exemption are as follows;

• It applies to parents or a person in the place of a parent (as well as schoolteacher)

• The force must be used for the correction, discipline, management or control, of a child

• The child must be under the persons care at the time

• The force must be reasonable in the circumstances

Let’s look in more detail at those keys elements.

A child – Means someone under 18 years of age.

Correction, discipline, management or control – These are the only allowed reasons to use physical force on a child. Smacking a child out of frustration or anger unless it is for correction, discipline, management or control is not allowed. Force can only be used when disciplining the child.

Reasonable force – The amount of force used must be reasonable in all the circumstances. There is no definition of reasonable in the legislation. It is also important to note that it is not up to the parent to show the force was reasonable it is up to the prosecutor to show the force was unreasonable in all the circumstances. How is reasonable force judged? That would be up to the jury or magistrate to decide based on the common definition of “reasonable” but some factors might include;

• What level of force was used?

• What non physical discipline was used first before physical force was needed?

• Did the force result in injuries?

• What was child was doing that needed physical force to be used to discipline them?

• How old is the child?

What defences might I have if charged with assault because I smacked my child?

The defences would be the same as any assault charge plus that the force used was reasonable in all the circumstances.

What if my “child” is over 18 years old?

If you use physical force on your “child” when they are over 18 then the exemption does not apply and you could be charged with assault.

Which Court would hear the charge?

It all depends on the type of assault charge you are charged with. If it is common assault then the Magistrates court will hear the charge. If it is ror assault occasioning bodily harm then you can choose the Magistrates or District Court to hear the charge. If it is a charge of grievous bodily harm then the District Court will hear the charge.

Can the charge be withdrawn?

Depending on the circumstances it may be possible to negotiate the charge with the prosecutor. This is called case conferencing. For example it might be possible to try and convince the prosecutor that the force was reasonable and therefore the charge should be withdrawn.

Will I get a criminal conviction if I plead guilty to the charge?

The answer is possibly. It depends on a number of factors. Only an experienced criminal lawyer can give you advice on the best way to try and avoid a conviction being recorded if you plead guilty to this charge.

Never give an interview to police without first getting legal advice.

Learn more about your right to silence.

What should I do if the police want to talk to me or charge me with smacking my child?

You need immediate legal advice from an experienced criminal defence lawyer. Saying the wrong thing to the police can assure you will be convicted of the offence or receive a more serious penalty. There are things you can do to protect your interests and rights or minimise the penalty if you plead guilty, a lawyer will be able explain what exactly you need to do or shouldn’t do.

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 952 255 seven 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.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

The law in Queensland provides that it is an offence to leave a child under the age of 12 unattended for an “unreasonable time” without making provision for their supervision and care.

Legislation

The relevant legislation is the Criminal Code 1899 - Section 364A.

The law states that;

A person who, having the lawful care or charge of a child under 12 years, leaves the child for an unreasonable time without making reasonable provision for the supervision and care of the child during that time commits a misdemeanour.

Penalty—

Maximum penalty—3 years imprisonment.

Whether the time is unreasonable depends on all the relevant circumstances.

What does the prosecutor need to prove?

The prosecutor would need to prove all of the following;

1. The person had lawful care or charge of a child

2. The child was under 12

3. The person left the child

4. The time the person left the child alone was unreasonable

5. The person did not make reasonable provision for the supervision or care of the child

Determination of unreasonable time

Whether the time is unreasonable depends on all the relevant circumstances. The court would likely look at the following factors

• The age of the child. Obviously the older the child the more reasonable it is to leave the child alone

• The maturity of the child. The more mature the child the more likely then could care for themselves

• The length of time the child was left alone

• Whether the child had access to neighbours or a phone to seek help if something occurred

• The reason the child was left alone

Penalty for the charge of leaving a child unattended

The maximum penalty for committing an offence against this section is three years imprisonment. The court can impose a lesser sentence and has the option whether to record a conviction or not.

Examples of the charge of leaving a child unattended

AJM v Commissioner of Police

The defendant drove his vehicle into an underground carpark attached to a Shopping Centre at New Farm. The recorded temperature on this day was 38 degrees Celsius. The defendant parked his vehicle in the undercover carpark. At this time, his 4 year old son was restrained in a car seat in the front, passenger seat of the vehicle. He had been asleep, but stirred. The defendant asked his young son if he wanted to come into the shops and the child indicated that he did not.

The defendant turned the vehicle off. He left the front, passenger seat window down and he left the vehicle unlocked. He took the car keys with him. A short time later, a witness observed the defendant’s son in the vehicle. The witness remained with the young child while his wife went up the stairs to the shops to look for the defendant. She could not find him. The witness then opened the door to the vehicle so that he could fan the defendant’s son. He attempted to wake the young child but he was unable to do so.

Approximately 15 minutes after first observing the defendant’s son in the vehicle, the witness contacted the police and they arrived about five minutes later. The police also attempted to wake the young child but were unable to do so. It was thought by the police that he was unconscious. The child was removed from the vehicle to an air-conditioned police vehicle and subsequently transported by ambulance to hospital as a precautionary measure. He was released a short time later.

The defendant pleaded guilty.

Kim v Commissioner of Police

The victim child was five years old. Approximately 11am police attended a house at Windsor, in relation to reports a young child could be heard calling out at the address and sounding to be in distress.

Upon arrival, police observed the victim child at the address. However, the child could not open the door for police. Police forced entry to the address, located the victim child within the residence alone. The child was located wearing winter clothing. The unit was hot, and observed to be locked up with no fans or windows or doors open. There was food and drink left out for the child. The victim child was changed into cooler clothing by police, and QAS attended. They said the child was in good health, however, was very thirsty.

At 12.25pm that day, the defendant returned to the address. The defendant stated that she was the child’s auntie. The defendant admitted that she had been at work since 9am that morning, that she had returned home on her break at work to check on the victim child, and intended to return to work after she had checked on the child.

There was no supervision or provision for care for the victim child arranged.

The defendant pleaded guilty.

Defences

The following might be a defence to the charge;

1. The person did not have lawful care or charge of the child

2. The child was over 12

3. The person did not leave the child unattended

4. The time the person left the child alone was reasonable in all the circumstances

5. The person made reasonable provision for the supervision or care of the child

What court hears the charge?

The charge is a misdemeanour and so the matter will be heard in the Magistrates Court.

Can the charge be withdrawn?

Depending on the circumstances it may be possible to negotiate the charge with the prosecutor. This is called case conferencing. For example it might be possible to try and convince the prosecutor that the time the child was left was reasonable in all the circumstances and so the charge should be withdrawn.

Will I get a criminal conviction if I plead guilty to the charge?

The answer is possibly. It depends on a number of factors. Only an experienced criminal lawyer can give you advice on the best way to try and avoid a conviction being recorded if you plead guilty to a charge of leaving a child unattended.

What should I do if the police want to talk to me or charge me with leaving a child unattended?

You need immediate legal advice from an experienced criminal defence lawyer. Saying the wrong thing to the police can assure you will be convicted of the offence or receive a more serious penalty. There are things you can do to protect your interests and rights or minimise the penalty if you plead guilty, a lawyer will be able explain what exactly you need to do or shouldn’t do.

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 952 255 seven 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.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Charged with shoplifting when innocent? If you have been wrongly accused or charged with shoplifting what should you do to protect your rights?

What actually is shoplifting?

There are two different charges under Queensland law for shoplifting, that is “shoplifting’ if the alleged theft involved good less than $150 or ‘stealing’ where the goods are alleged to have cost more than $150.

What does the law say?

The Regulatory Offences Act defines shoplifting as follows;

5 UNAUTHORISED DEALING WITH SHOP GOODS

(1) Any person who, with respect to goods in a shop of a value of $150 or less—

(a) consumes them without the consent, express or implied, of the person in lawful possession of them; or

(b) deliberately alters, removes, defaces or otherwise renders indistinguishable a price shown on them, without the consent, express or implied, of the person in lawful possession of them; or

(c) whether or not the property in the goods has passed to the person, takes them away without discharging, or attempting honestly, or making proper arrangements, to discharge his or her lawful indebtedness therefor;

is guilty of a regulatory offence and, subject to section 9, is liable to a fine of 6 penalty units.

(1A) Without limiting subsection (1) (b) , a price may be shown on goods by a bar code or a similar device.

(2) It is a defence to a charge of an offence defined in subsection (1) (c) to prove the taking away of the goods was not dishonest.

What are the defences to shoplifting?

The main defence would be that you did not take the goods dishonestly. That is, you had an intention and ability to pay for the goods but something has occurred and you have left the premises without paying for the goods but importantly did not do so dishonestly.

For example you may have intended to purchase the store goods but left the store without paying for them because;

1. You thought you scanned the goods at the self checkout but actually didn’t
2. The goods were caught up with other goods and you did not notice
3. You genuinely forgot to pay for some goods

The key thing is that the non payment of the taken goods must not be dishonest.

If I had a defence why did the police charge me?

The problem is that dishonestly taking goods and honestly forgetting to pay for goods look basically the same. You have entered a store and then left without paying for some or all of the goods. This is the fundamental difficulty with shoplifting its hard to distinguish between genuine mistake and actual theft.

Generally we have found that the police would do the following when determining if someone should be charged with shoplifting;

• Talk to any store staff or detectives to see what they say occurred
• Look to any store footage
• Look at what goods were allegedly stolen
• Look at how the goods taken without paying were removed from the store
• Check the criminal history of the accused

I didn’t shoplift, what should I do?

Understanding your rights is fundamental when facing false accusations. You have the right to:

• Remain silent: You are not obligated to answer questions without legal representation present.
• Request to speak to a lawyer: Invoke your right to a lawyer immediately, and don't proceed with any questioning until one is present.

It is generally ok to return the goods you didn’t pay for but without legal advice do not give a statement to the police or store employees.

If you are arrested then the first step is to talk to a experienced lawyer who can give you advice and outline how the approach the matter before the courts.

You should also make a written summary of everything people said to you including store members and police. Have a look can you see cameras in the store? Or any witnesses that saw what occurred.

What would a lawyer do if I’m not guilty of shoplifting?

First the lawyer would talk you through your different options and best strategies so you understand the process.

Then they would probably;

1. Request from the prosecutor a copy of their court brief (called the QP9)
2. Request any footage from the prosecutor
3. Look at the allegations in the QP9
4. Take your statement
5. Determine the strength of the police case
6. Look to do case conferencing.

Case conferencing is the process of trying to get the prosecutor to drop the charges without the charge needing to go to a trial. This would be the absolute best outcome as the charge would go away and no trial would need to occur.

Learn more about case conferencing.

If the case conferencing did not result in the charge being withdrawn then you would have to make one of two choices, either plead guilty to the charge or plead not guilty and have a Magistrate decide if you are guilty nor not.

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 952 255 seven 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.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Also check out our main shoplifting page for more information.

When facing criminal charges, it's crucial to have the right legal representation by your side. If you find yourself in such a situation in Ipswich, Queensland, Clarity Law is the law firm you can trust. With a proven track record of success and a team of experienced criminal lawyers, we are dedicated to providing top-notch legal support tailored to your specific needs.

Criminal charges we cover

Assaults

There has been and remains a hardening attitude to assaults by the Queensland courts. Where once the court would have merely imposed a fine they are more likely now to impose a harsher sentence. The courts have continued to state that they will be increasing penalties for violence to act as a deterrence. You need a lawyer and a law firm with extensive experience with assault charges.

Learn more about assault charges

Bail Applications

Bail is where a person enters a written bond committing to appear before the court to answer criminal charges made against them, promising to pay the sum of money to the court if the accused does not appear.

Learn more about bail in Queensland

Centrelink Fraud

Centrelink fraud is one of the most common commonwealth charges that a person can be charged with. Centrelink fraud which involves false claiming of Centrelink benefits. Centrelink fraud is a serious charge and is viewed as such by courts and prosecutors and can often result in a prison sentence being imposed.

Learn more about Centrelink fraud charges

DVO Breaches

The charge of breaching a domestic violence order is on the rise in Queensland. Clarity Law can provide information and guidance to someone charged or accused of breaching a domestic violence order in Queensland. The courts are imposing harsher and harsher penalties due to public pressure so act now and get legal advice to protect yourself.

Learn more about DVO Breaches

Drugs

A drug charge in Queensland is dealt with very seriously in the courts.  There are a wide variety of drug offences ranging from simple possession to more serious charges such as producing dangerous drugs and trafficking.  The seriousness of a drug charge depends on the drug involved, the amount of the drug and whether a person was merely possessing drugs or had an intention of selling those drugs.  

Learn more about drug charges in Caboolture

Fraud

The term “fraud” covers a broad range of behaviours that fall outside the narrower offence of stealing but are nevertheless designed to deprive someone else of their property, or some interest therein. The common thread that ties these behaviours together is that they are done “dishonestly.” Fraud can also related to dishonest actions in regards to tax debts

Learn more about fraud charges

Making a false declaration in Queensland

According to the Statutory Declarations Act 1959, making a false declaration is a criminal offence. Section 11 of the Act states that a person must not intentionally make a false statement in a statutory declaration. The maximum penalty for this offence is 4 years imprisonment.

Learn more about Making a false declaration in Queensland

Obstruct or Assault Police

The charge of assault or obstruct police is a very common charge in Queensland and one that people who otherwise have never been in trouble with police are often charged with. If the offence was committed in or near a public place then community service may need to be imposed.

Learn more about obstruct or assault police charges

Public Order Offences

Public order offences are intended to penalise the use of violence and intimidation by individuals or groups in criminal law. Rioting, affray, drunk and disorderly behaviour, inciting racial or religious hatred or assaulting emergency workers are examples.

Stalking

A charge of stalking is a very complex and serious charge under Queensland law, stalking charges are being laid by police at increasing levels.  Queensland was the first state in Australia to have stalking legislation and it has one of the strictest laws about stalking in Australia. It is an extremely complex area of the law.

Learn more about stalking charges

Stealing

Stealing is the term used to describe a broad range of offences in Queensland and includes the term “theft” which is widely used in other legal systems. The definition of stealing is broad enough to include many different situations from shoplifting to stealing from an employer. This is a charge where the recording of a conviction can result in serious ongoing punishment.

Learn more about stealing charges

Sexual offences

Sexual offences are obviously some of the most sensitive charges under the law. They can range from indecent treatment charges to sexual assault and rape. It is critical to get fast and detailed advice from a lawyer if you have been accused of a sexual offence as it is incredibly easy to say the wrong thing and that mis-statement could lead to charges being bought, bail being denied and a person found guilty even when they are not.

Traffic Offences

We undertake all traffic offences that would lead to an appearance or court or applications for a work licence or hardship licence.

Learn more about traffic offences on our dedicated traffic lawyer website

Trespass

A trespass charge will arise when a person either unlawfully enters or remains in either a dwelling or place.

Learn more about trespass charges

Using Carriage Service to Menace or Harass

The Commonwealth Criminal Code Act 1995, section 474, creates a number of offences connected with the illegal use of phones and computers. This can range from attempting to defraud someone using a phone or computer, to intercepting phones (wiretaps), to threating or menacing another person.

Learn more about Using Carriage Service to Menace or Harass

Weapon Charges

Weapon offences are quite common. Then often deal with either possessing a class of weapon the person is not licenced for or involves the incorrect storage of weapons or ammunition.

Wilful Damage

Wilful damage is a charge under section 469 of the Queensland criminal code. Wilful damage is an offence where a person intentionally and unlawfully destroys or damages any property. The maximum penalty for wilful damage is 5 years imprisonment 

Learn more about wilful damage charges

Wilful Exposure

Wilful exposure is an offence which arises when a person wilfully exposes his, her or their genitals in a public place, unless that person has a reasonable excuse.

A person may also be guilty of Wilful exposure if, from a private place, that is so close to a public place that it could be seen from a public place, they wilfully expose their genitals so that they may be seen from the public place, without reasonable excuse.

Learn more about wilful exposure offences

The police want to talk to me what should I do?

Never talk to the police without first speaking to a lawyer. One misspoken sentence could ruin your life.

Its critically important to exercise one's right to silence when facing arrest in Queensland. There is a common tendency for individuals to willingly speak to the police, often resulting in unintended self-incrimination or harsher penalties in court. Unless your lawyer tells you differently (and they 99% of the time won’t) we strongly advise against voluntarily providing statements to the police.

Learn more here

Why Choose Clarity Law?

1. Expertise in Criminal Law: At Clarity Law, we specialize exclusively in criminal law. Our team of experienced lawyers has a deep understanding of Queensland's legal system, ensuring that you receive the best possible defence. We have successfully handled a wide range of cases, from traffic offenses to serious criminal charges, and our expertise covers both state and federal matters.

2. Proven Track Record: Our firm has a history of achieving favourable outcomes for our clients. We have successfully defended numerous cases, earning a reputation for excellence in criminal defence in Ipswich and beyond. Our lawyers are well-versed in building strong cases, negotiating with prosecutors, and, when necessary, aggressively representing clients in court.

3. Personalized Approach: We understand that every case is unique, and we treat each client with the individual attention and care they deserve. Our lawyers take the time to thoroughly review the details of your case, ensuring that no stone is left unturned in building a robust defence strategy.

4. Transparent Communication: Clear and open communication is essential during legal proceedings. At Clarity Law, we make sure our clients are kept informed at every step of the process. We explain complex legal concepts in a straightforward manner, allowing you to make informed decisions about your case.

5. Local Knowledge: Being based in Queensland, we have a deep understanding of the local legal landscape, including the Ipswich jurisdiction. This local knowledge can be a significant advantage in building a strong defence tailored to the specific circumstances of your case.

6. Commitment to Client Success: Our ultimate goal is to achieve the best possible outcome for our clients. We work tirelessly to protect your rights and interests, whether that means negotiating a favourable plea deal or mounting a vigorous defence in court.

How We Can Help:

1. Defending Against Various Charges: Whether you're facing charges related to traffic offenses, drug offenses, assault, or more serious criminal allegations, our team has the expertise to handle a wide range of cases.

2. Providing Legal Guidance: We understand that the legal process can be overwhelming. Our lawyers are here to guide you through every step, ensuring you have a clear understanding of your options and the potential outcomes of your case.

3. Aggressive Representation: When necessary, we are prepared to fight vigorously for your rights in court. Our lawyers have a reputation for being tough advocates for our clients, working tirelessly to secure the best possible outcome.

Conclusion:

When it comes to choosing a criminal lawyer in Ipswich, Queensland, Clarity Law stands out for its expertise, track record of success, and commitment to client satisfaction. With a personalized approach and a deep understanding of the local legal landscape, we are dedicated to providing the highest level of legal representation. Contact us today for a confidential consultation and take the first step towards securing your future.

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 952 255 seven 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.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

A court "mention" is a term that is used every single day in the courts in Queensland but what does it actually mean?

What does a “mention” mean?

A the meaning of a mention is actually quite simple, it is where the magistrate or judge will “mention” a matter in the court.  Its purpose is really an opportunity for the judge to find out what’s happening so they can keep the matter progressing through the court system and for any of the parties to raise any issues.

A mention is different to a hearing or a sentence date as it is not always expected that anything of substance would happen at a mention.

First mention

There will always be a first mention of a matter after someone has been arrested. They may be given bail to a first mention date or given a notice to appear in court for a first mention date.

At the first mention date generally the court would be looking for a person to either adjourn the matter to another mention date or plea guilty to a matter or plead not guilty and have the matter set down for a trial.

As it is just a mention if something more complex like a bail application is to occur the court may decide to adjourn that to another date as generally mention won’t do applications or sentences that will take longer than 10-15 minutes.

The courts will almost always grant an adjournment on the first mention court date especially if it is to get legal advice.

At a first mention the police prosecutor should provide the defendant with a copy of their QP9 if they haven’t already. The QP9 is a summary of the facts the police say establish that the defendant is guilty of the offence

You can learn more about QP9’s by reading our article on what is a QP9?

Further court mentions

Complex matters often have a number of mentions throughout the course of the matter. Negotiations with a prosecutor can take time and so a few mentions in court may be required while the negotiations continue.

In our experience if a person has not obtained legal representation then each further adjournment request at a mention will be harder and after 2-3 mentions the court might require someone to enter a plea of guilty or not guilty.

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

If you want to engage us or just need further 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 952 255 seven 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 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.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Other articles that may be of interest

• Your right to silence

• Negotiating with a Prosecutor in Queensland

• Court character references

• The difference between a conviction and non-conviction

• Declining a police interview

• Why You Should Never Represent Yourself in Court

• Mitigation: How the court sets a sentence in Queensland

• What is an arrest warrant?

• What do I do when I have missed my court date!

• Do you have to give the police access to your phone?

• Contravene direction or requirement

• Should I hire a Criminal Defence Lawyer?

• Police questioning and your right to silence in Queensland

It can be quite the shock when a family member or partner is suddenly arrested. There will be stress, confusion and a desire to try and help.

This article is for family members or partners of some one who has been arrested.

The arrest process

The police are not required to give someone notice that they intend to come and arrest them. The police might very well turn up later in the day or on the weekend.

In general the police will make a formal arrest, detain the accused and take them for questioning.

At this stage you should:

• If present then get details of the officers and where they are being taken

• Note down any relevant things the police may have said

• Don’t contact any witnesses

• Don’t try and explain anything about the alleged offence to the police

It is absolutely critical for ever Queenslander who is taken in for question to remember that apart from the questions below no one should give an statement or information to a police officer without legal advice. Helping the police at this point will at the best not affect the case against someone but at worse will see them convicted based on what they say.

It’s worth repeating DO NOT TALK TO POLICE without legal advice.

We have a couple of articles that goes more in depth on this issue.

• Police questioning and your right to silence in Queensland
• Declining a Police Interview

The only questions you need to answer are:

• your name and address
• date and place of your birth 

Where have they been taken?

The accused will be taken to a local watchhouse. The locations of local watch houses overlap and some close on the weekends so the accused may be taken to a larger watch house further away.

This is why it’s a good idea to ask police which watch house they are taking the family member to.

Can I attend the police interview?

The accused has the right to request a support person and have that support person attend a police interview.

The accused also has the right to speak to a lawyer.

You would have seen earlier however we strongly advice no one to talk to police at all and certainly not until they have legal advice. If a family member asks you to attend a formal interview you should;

• Attend the interview

• Ask the police to explain the right to silence to the family member

• Tell the family member they should not answer any police questions until they speak to a lawyer

• Not answer questions for the family member in the police interview or give information or your opinion on any allegations the police pout to the family member during a police interview.

Again It’s worth repeating DO NOT TALK TO POLICE without legal advice.

Can I talk to them in custody?

The police don’t need to allow the family member to call you however most the watch house staff are generally pretty good at allowing at least one call to family.

How long can the police hold them?

The police can detain someone for 8 hours and during that time question them for up to 4 hours. The police would then need to make a decision as to whether they will grant police bail. See below about bail.

What can I do to help?

The most important thing anyone can do to help a husband, wife, son, brother or another family member facing questioning by police or who has already been arrested is get them a lawyer and do it urgently.

Time matters in these situations. A lawyer can quickly contact the police officers and ask to speak to the family member and can give them legal advice.

Remember the family member can say things to police, even innocently, that will mean they will be found guilty of an offence. We see it every single week. Someone has been arrested, they think they can talk the police and prove they are innocent, they say something that leads to;

1. Admitting all or part of the legal requirements for an offence conviction

2. Preventing their lawyer from being able to negotiate with the prosecutor to withdraw or reduce a charge

3. Preventing a valid defence being used at trial

Everyday people in Queensland talk to police and as a result of talking to police are found guilty of an offence. Many, if they had just invoked their right to silence, would never have had charged bought against them or if they had they would have been found not guilty.

Again It’s worth repeating for the third time DO NOT TALK TO POLICE without legal advice.

Will they get bail?

Bail under Queensland law in its simplest form is a promise by the defendant to go to the court on another date. If bail is granted they are released from custody and don’t have to remain in custody while there matter goes through the court.
If the family member is arrested then the police must make a decision as to whether they will be granted bail or not. If they are granted bail they can leave the watch house. If they are not granted bail then they must be bought before Magistrate as soon as possible. This would generally be the next morning (or if it’s the weekend then by Monday morning).

If a Magistrate is to make a decision on whether to grant bail the presumption is they should get bail (except for certain serious offences). However the Magistrate will refuse bail if there is an unacceptable risk that the defendant, if released on bail—

• would fail to appear and surrender into custody; or
• would, while released on bail—

o   commit an offence; or

o   endanger the safety or welfare of a person who is claimed to be a victim of the offence with which the defendant is charged or anyone else’s safety or welfare; or

o   interfere with witnesses or otherwise obstruct the course of justice, whether for the defendant or anyone else; or

o   that the defendant should remain in custody for the defendant’s own protection.

In deciding whether there is an unacceptable risk as stated above, the Magistrate must have regard to matters including:

• the nature and seriousness of the offence;

• the character, antecedents, associations, home environment, employment and background of the defendant;

• the history of any previous grants of bail to the defendant;

• the strength of the evidence against the defendant;

• if the defendant is an Aboriginal or Torres Strait Islander person—any submissions made by a representative of the community justice group in the defendant’s community;

• if the defendant is charged with a domestic violence offenceor an offence against the Domestic and Family Violence Protection Act 2012, section 177 (2)— the risk of further domestic violence or associated domestic violence being committed by the defendant. Bail for Domestic Violence offences are what is known as show cause bail applications.

You can learn more about bail by clicking on our bail article.

If the family member doesn’t have a private lawyer then the duty lawyer will visit them in the watch house. However the duty lawyer is very busy so will only have a few minutes to talk.

If they don’t get bail what happens?

If bail is not granted then the family member will remain in custody until the charges are finalised or if bail is granted by a judge of the Supreme Court.

They will be moved as soon as possible to a prison or remand centre. This can take several days. You can find out when they arrive at the prison by:

• using the search for prisoners form
• emailing This email address is being protected from spambots. You need JavaScript enabled to view it..

Once they are in prison you can arrange to visit and the family member can also call you.

The first court appearance

After the Court refuses bail they will set a date for the next court appearance. This could be in several weeks time.

You will be able to attend the court on that date (unless the Magistrate closes the court ). The family member will likely appear by video link not in person.

I’m really stressed

Thats really understandable. We also suggest family members see their doctor to get help with coping with a family member in prison.

Don’t try and take all the problems on your own shoulders.

How can I help my family member cope with the charges?

What you need to understand for a prisoner life slows down. They have all day to think about their situation and this can cause them quite a lot of stress.

You will need to remember they will be stressed when they ring you and other family members. Try and keep their hopes up but don’t give them false hope.

Their lawyer will be able to answer any legal questions so try and just concentrate on other things.          

What difference will a lawyer make?

It will make all the difference. Having lawyer will best protect their rights, increase their chances of bail and either defend them at trial or reduce their sentence if they plead guilty.

A summary of what a lawyer can do for your family member is:

• Protect their rights

• Look for possible defences

• Get bail

• Explain the process to the family

• Update the family on what is occurring

• Get an enduring power of attorney signed so the family can take pay the family members bills like rent, phone bills and keep their “outside life going”

• Reduce the sentence

Why should I engage Clarity Law?

Quite frankly we care about getting the right outcome for our clients and helping them through one of the most difficult times in their lives.

In the face of a criminal law charge, selecting the right legal representation is paramount, and Clarity Law offers a unique blend of proficiency and empathy that sets us apart. Our firm is dedicated to providing clarity in the often complex world of criminal law. We believe that every client deserves a clear understanding of their rights and the legal process they're navigating.

Our experienced team of lawyers approaches each case with a commitment to open communication, ensuring you're informed every step of the way. With a proven track record of securing favourable outcomes, we have the expertise to navigate even the most intricate legal challenges.

At Clarity Law, we strive not only to be your staunch advocates but also to provide a supportive, understanding environment during this trying time. Choosing Clarity Law means choosing a team that will tirelessly work to protect your rights and pursue the best possible outcome for your case.

You can read more about our founder, Steven Brough’s, journey to starting Clarity Law by clicking here.

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

If you want to engage us or just need further 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 952 255 seven 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 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.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Other articles that may be of interest

• Your right to silence

• Negotiating with a Prosecutor in Queensland

• Court character references

• The difference between a conviction and non-conviction

• Declining a police interview

• Why You Should Never Represent Yourself in Court

• Mitigation: How the court sets a sentence in Queensland

• What is an arrest warrant?

• What do I do when I have missed my court date!

• Do you have to give the police access to your phone?

• Contravene direction or requirement

• Drink Driving Lawyer

• Should I hire a Criminal Defence Lawyer?