Our experienced criminal law solicitors have prepared a brief overview of the law relating to Contravening Public Safety Order.
If you or someone you care about is facing a Contravening Public Safety Order allegation, you need specific advice and should contact Gatenby Criminal Lawyers on 55800120 for advice.
For more information on other OMCG charges, visit our OMCG & SERIOUS OFFENCES HOMEPAGE.
Contravening Public Safety Order – The Law
Section 32 of the Peace and Good Behaviour Act 1982 creates the offence of Contravening Public Safety Order
A person who, without reasonable excuse, knowingly contravenes a public safety order made for the person, or a group of persons of which the person is a member, commits a misdemeanour.
Section 32 Peace and Good Behaviour Act 1982
Elements of the offence
To be found guilty of the offence of Contravening Public Safety Order the prosecution is required to prove, beyond a reasonable doubt, the following elements:
- That there was a public safety order issued;
- The order was knowingly contravened.
- The maximum penalty for the offence of Contravening Public Safety Order is 3 years imprisonment.
Jurisdiction – Where will the matter be heard?
The offence of contravening an order to access information is a misdomeaner. The matter will be heard in the Magistrates Court of Queensland.
Conviction – Does a conviction have to be recorded?
The sentencing Court has a discretion whether or not to record a conviction against you for the offence of Contravening Public Safety Order. Generally a conviction would not be recorded for this type of offence, if it was a first offence and the possession was not for a commercial purpose. The relevant factors are set out in section 12 of the Penalties and Sentences Act 1992. If you are concerned about a conviction being recorded you should seek legal advice.
For legal advice specific to your matter, you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.
OMCG & SERIOUS CRIME BLOGS
- Contravening an order to access information following Ross v Commissioner of Police  QCA 96.
- Overview of the Serious and Organised Crime Bill 2016