Category: Information

drug driving
09 Jul

Expanding Roadside Drug Driving Cocaine-Related Offenses

Cocaine to be included in Drug Driving Testing In response to the rising number of serious crashes, the Queensland Government has expanded its highly successful roadside drug testing program to include testing for cocaine. The inclusion of cocaine in the program aims to detect dangerous drivers and keep them off the state’s roads. Drivers on Queensland roads can be charged with an offence of driving while a relevant drug is present even if their driving is not impaired by the drug.  With a zero-tolerance approach to drug driving, Queensland has implemented tough penalties for offenders, including license disqualification, fines, and …

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03 Jul

Deterrence and Accountability: 7.7% increase to penalty unit

On 1 July 2023, the monetary value of a penalty unit increased from $143.75 to $154.80, with the implementation of the Penalties and Sentences (Penalty Unit Value) Amendment Regulation 2023. This amendment seeks to increase the prescribed monetary value of the penalty unit under the Penalties and Sentences Regulation 2015. The stated objective is to ensure that fines and infringement notices remain effective as deterrents and punishments for various offences. The Purpose of the Penalty Unit Value Regulation The primary purpose of the Penalties and Sentences (Penalty Unit Value) Amendment Regulation 2023 is to raise the monetary value of the …

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12 May

What Is The QP9 Court Brief?

    Facing a criminal charge can be a daunting and bewildering ordeal. We know how crucial it is to understand every facet of the legal process, including the often-misunderstood QP9 ‘Court Brief’. What is the QP9 Court Brief? The QP9 is a document prepared by the prosecution and served on you or your legal representative in Queensland criminal proceedings. It identifies the evidence the prosecution intends to rely on to prove the charges. The evidence may include witness statements, police reports, photographs, CCTV or Body Worn Camera Footage, and other relevant materials. Named after the Queensland Police Service (QPS) …

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01 Mar

Police Drug Diversion set to be expanded

Queensland’s Police Drug Diversion program is set to be expanded to include minor possession of all types of drugs, with a new tiered approach to smaller quantities of drugs. Tiered Approach to Drug Diversion First minor drug possession offence Police officer issues a warning; and Drug warning notice and police referral to a support service. Second and third minor drug possession offence. Person offered the opportunity to participate in a mandatory Drug Diversion Assessment Program Fourth minor drug possession offence Notice to appear in court. Consistent approach to Drug Diversion with other states and Territories. The expanded drug diversion program …

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28 Feb

Domestic Violence – What is it? and Where to get help.

Domestic violence is a pervasive issue both in Queensland, and throughout Australia. It affects many individuals and families. The Queensland Government has implemented a range of measures to combat domestic violence, including the introduction of specific laws and policies designed to protect victims and hold offenders accountable. Here is an overview of what domestic violence is in Queensland: Definition of Domestic Violence In Queensland, domestic violence is defined as behavior by one person towards another person with whom they have, or have had, an intimate relationship. This behavior can include: physical abuse, emotional abuse, sexual abuse, psychological abuse, as well …

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25 Feb

Pill Testing Gets the Green Light: What It Means for Queenslanders

The Queensland Government has made a historic decision to allow pill testing services in the state, marking a significant step towards reducing the risks and harms associated with illicit drug use. The new service, which is currently being finalised by the government, will operate at fixed and mobile sites and will chemically test illicit drugs to check for the presence of potentially dangerous substances and chemical compounds. The introduction of pill testing services in Queensland supports a key priority of the state government’s Achieving Balance Plan, which aims to reduce alcohol and drug-related harm and consider additional intervention strategies. The …

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22 Feb

What happens in a Magistrates Court Sentence?

A sentence is the final stage of a criminal proceeding where a court determines the penalty or punishment to be imposed on a person who has been found guilty of a criminal offence. In Queensland, most criminal cases are heard in the Magistrates Court. It is important to understand what happens at a Magistrates Court sentence. When a person is found guilty of a criminal offence in the Magistrates Court, the matter is often adjourned to a later date for sentencing. At other times the matter may be listed for a sentence or lengthy plea. At the sentencing hearing, the …

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30 Apr

Police Interviews

The police have asked me to interview. Do I have to go? You do not have to attend an interview if it has been requested by a police officer. Both Gatenby Criminal Lawyers and the Court itself recognise police interviews as being unfair. If the police still want you to come in for an interview, you should seek immediate legal advice. Gatenby Criminal Lawyers can be reached on 55800120. What’s unfair about it? I know how to deal with police. You are in unfamiliar surroundings; The officers interviewing you are trained experts and know how to get admissions out of you. These admissions may seem like innocent statements to yourself; Police interviews are very 1-sided: police give questions, you give …

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