QUEENSLAND IMPOUNDMENT PROCESS

An experienced Gold Coast Criminal Lawyer will ensure your best outcome.

An experienced Gold Coast Criminal Lawyer will ensure your best outcome.

Hooning Laws

Hooning and other reckless driving offences can result in the impoundment or immobilisation of a motor vehicle for a period of seven to 90 days under Queensland Hooning Laws. For repeat offending the vehicle can be forfeit to the state. While there is a capacity to appeal these decisions, the intention of the legislation is clear. Go too far and lose your car.

The offending is broken into two categories: Type 1 and Type 2.

Type 1 Hooning Laws

  1. Evading police
  2. Any of the following offences committed during a speed trial, race or a burnout
    1. Dangerous Operation of a Motor Vehicle;
    2. Careless Driving;
    3. Organising, promoting or taking part in reacting or speed trials;
    4. Wilfully starting or driving a motor vehicle in a way that makes unnecessary noise or smoke.

Type 2 Hooning Laws

  1. Driving a vehicle while out is uninsured and unregistered
  2. Unlicensed driving;
  3. High range drink driving 0.015% and over;
  4. Exceeding the speed limit by more than 40 km/h;
  5. Driving an illegally modified vehicle;
  6. Failure to supply a specimen of breath or blood; or
  7. Driving while under a 24-hour suspension.

hooningCan I apply for the early release of my vehicle?

The owner or usual driver of the impounded vehicle can apply in writing to the Commissioner of Police for early release of their vehicle if they can establish:

  1. Severe personal or financial hardship.
  2. The offence was committed without the owner’s consent.
  3. The unlicensed or uninsured offence has been rectified.
  4. The grounds for impoundment were unreasonable.

If you require assistance drafting an Application to the Commissioner of Police or wish to appeal the Commissioner’s decision then you should contact Gatenby Criminal Lawyers for advice and expert assistance.

Disclaimer

This website contains general information about legal matters. The information is not advice, and should not be treated as such. You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

For specific legal advice, you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.

Liability limited by a scheme approved under professional standards legislation.

Proposed toughening for Juvenile Justice.

juvenile justice

Juvenile Justice Laws

The Queensland Government is proposing a raft of changes to the Juvenile Justice Act when Parliament resumes on 11 February this year.

Proposed Juvenile Justice Changes

These changes include:

  1. Removing detention as a sentence of last resort.
  2. Making breach of bail an offence if a young person commits a crime while on bail.
  3. Naming and shaming of repeat offenders.
  4. Making all juvenile criminal histories available in adult courts to give a magistrate or judge a complete understanding of a defendant’s history.
  5. Transferring juvenile offenders to adult correctional centres when they reach 17 years of age if they have six or more months of their sentence remaining.

Education and rehabilitation

We maintain that the  preferable approach to the majority of those appearing in the Juvenile Justice system is to provide stability and education.  The effect of many of these changes will, in our view, further alienate the young person from mainstream society.

The current regime is said to acknowledge that young people make mistakes and should be afforded opportunity in their future efforts to obtain employment etc.  This proposed approach will make rehabilitation for the young person even more difficult.

Disclaimer

This website contains general information about legal matters.  The information is not advice, and should not be treated as such.  You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider.  You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.

Liability limited by a scheme approved under professional standards legislation.

Bikie Laws $82,500.00 FOR WEARING COLOURS.

Bikie Laws amendments to the Liquor Act.

Criminal law The State Government has introduced changes to the Liquor Act 1992.  The Government has declared 26 motor cycle gangs as Declared Criminal Organisations.  The bikie laws amends the Liquor Act by imposing  restrictions on the ability of patrons of liquor licensed premises to wear clothing and other paraphernalia highlighting their affiliation with a criminal motor cycle gang.

Declared Criminal Organisation

Under the amendments a member of a declared criminal organisation commits and offence if they are wearing a prohibited item on licensed premises.  A prohibited item includes an item of clothing or jewellery or another accessory associated with a criminal organisation or other form of symbol, abbreviation or writing that indicates membership of, or an association with the criminal organisation (e.g. 1% or 1%er).

Bikie Laws penalties

The penalties are as follows:

  1. Bar owners who allow banned motorcycle club logos on licensed premises   –    $11,000.00;
  2. Failing to leave licensed premises when directed by hotel staff (1st Offence)   –    up to $42,500.00;
  3. Failing to leave licensed premises when directed by hotel staff (2nd Offence)  –   up to $57,750.00 or six months imprisonment;
  4. Failing to leave licensed premises when directed by hotel staff (3rd Offence)  –    up to $82,500.00 or eighteen months imprisonment;

Disclaimer

This website contains general information about legal matters.  The information is not advice, and should not be treated as such.  You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider.  You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.

Liability limited by a scheme approved under professional standards legislation.

Increased penalties for QLD Stock Offences

stock penaltiesThe minimum fines for stock offences have increased from $200 to $1100 per animal or the value of the animal, whichever is the higher amount.

Other amendments to the legislation will benefit investigating authorities and primary producers by:

  1. Empowering police to effectively investigate stock crime by extending stock-related search warrant durations from 7 to 21 days
  2. Modernising evidentiary requirements in stock offence prosecutions
  3. Maintaining the ability of police to immediately return cattle to victims of crime where there is no dispute as to ownership
  4. Streamlining the disposal process where there is a dispute as to ownership, allowing the stock to be sold pending an order from the Court to distribute the funds at the conclusion of proceedings
  5. Under the new laws, the Court can order the return of cattle when stock has strayed onto a person’s property and the land owner refuses to move the cattle,” he said.

If you are being charged with a stock offence and require legal representation, call Gatenby Criminal Law on (07) 5580 0120 or contact us immediately.

New Law Grants Qld’s Attorney General Power of Indefinite Detention.

New powers enable Qld's Attorney General to indefinitely detain prisoners

New powers enable Qld’s Attorney General to indefinitely detain prisoners

The Public Interest Declarations Act amending the Dangerous Prisoners (Sexual Offenders) Act represents a significant change to the way the law is applied in Queensland and throughout Australia.

We have, until now had a clear delineation between the role of the executive and the implementation of the law by the judiciary.  The parliament has been elected to make law and our courts have interpreted and applied those laws.  This new piece of legislation departs from that process, by enabling the Attorney General to overrule the decision of the court and detain a person.

Previously, applications to have prisoners detained indefinitely were brought by the Attorney General. The cases were determined by reference to the principles set out in the Dangerous Prisoners (Sexual Offenders) Act and in accordance with the evidence.

The new Act allows the Attorney General to:

  1. Imprison an offender without scrutiny and,
  2. Imprison an offender without evidence for the first 12 months and,
  3. If he thinks the case is “urgent” he need not give the offender an opportunity to argue against his imprisonment.

There are no limitation or established set of principles established in the legislation to guide the Attorney General in his decision making process or to determine which of the many offenders presently supervised under the Dangerous Prisoners (Sexual Offenders) Act may be imprisoned on the Attorney General’s declaration.

The Attorney is not required to give reasons to justify his action, or to ex­plain why he thought an offender should be removed from the jurisdiction of the court and the law.

Effectively the parliament has granted the Attorney General the power of arbitrary detention to a minister of the Crown.  The only feasible rationale for the new legislation is that the Attorney General has lost confidence in the Judiciary to appropriately exercise discretion.

26 OMCG declared a Criminal Organisation

New Qld Bikie Laws

New Qld Bikie laws have been introduced targeting the illegal activities of criminal gangs in Queensland. The reforms introduce new offences, increased penalties, enhanced powers for Police and the Crime and Misconduct Commission, and stricter bail laws.

Declared Criminal Organisations

Liquor Act Changes

Changes have been made to the Liquor Act 1992 to prohibit people from entering or remaining on premises, subject to a licence or permit under the Liquor Act, if they are wearing or carrying certain prohibited items (outlined below) which are associated with a declared criminal organisation. It also places obligations on licensees/permittees, approved managers, employees and agents of licensees/permittees that they not knowingly allow anyone wearing or carrying the prohibited items to enter or remain on the premises.

The Liquor Act provides for authorised persons, which include the licensee/permittee, employees or agents of the licensee/permittee, and police officers, to tell a person wearing or carrying prohibited items to immediately leave the premises.

Penalties apply and the maximum penalty for the licensee/permittee, approved manager or employee/agent of the licensee/permittee for knowingly allowing a person wearing or carrying prohibited items to enter or remain on the premises is $11,000.

Significant penalties also apply if the person refuses to leave when required, or resists an authorised person who is removing them from the premises (maximum penalty for first offence $41,250, second offence $57,750 or 6 months imprisonment and third or later offences $82,500 or 18 months imprisonment).

Prohibited Item

Prohibited item is defined in the Liquor Act as meaning:
an item of clothing or jewellery or an accessory that displays—

(a)       the name of a declared criminal organisation; or

(b)       the club patch, insignia or logo of a declared criminal

organisation; or

Note
The things mentioned in paragraph (b) are also known as the ‘colours’ of the organisation.

(c)        any image, symbol, abbreviation, acronym or other form

of writing that indicates membership of, or an association with, a declared criminal organisation,

including—

(i)         the symbol ‘1%’; and

(ii)        the symbol ‘1%er’; and

(iii)       any other image, symbol, abbreviation, acronym or other form of writing prescribed under a regulation for this paragraph.

Declared Criminal Organisation

declared criminal organisation is an entity declared to be a criminal organisation under the Criminal Code, section 1, definition criminal organisation, paragraph (c). A list of these organisations as at 17 October 2013 is provided below.

  • the motorcycle club know as the Bandidos
  • the motorcycle club kn
  • ow as the Black Uhlans
  • the motorcycle club know as the Coffin Cheaters
  • the motorcycle club know as the Comancheros
  • the motorcycle club know as the Finks
  • the motorcycle club know as the Fourth Reich
  • the motorcycle club know as the Gladiators
  • the motorcycle club know as the Gypsy Jokers
  • the motorcycle club know as the Hells Angels
  • the motorcycle club know as the Highway 61
  • the motorcycle club know as the Iron Horsemen
  • the motorcycle club know as the Life and Death
  • the motorcycle club know as the Lone Wolf
  • the motorcycle club know as the Mobshitters
  • the motorcycle club know as the Mongols
  • the motorcycle club know as the Muslin Brotherhood Movement
  • the motorcycle club know as the Nomads
  • the motorcycle club know as the Notorious
  • the motorcycle club know as the Odins Warriors
  • the motorcycle club know as the Outcasts
  • the motorcycle club know as the Outlaws
  • the motorcycle club know as the Pheonix
  • the motorcycle club know as the Rebels
  • the motorcycle club know as the Red Devils
  • the motorcycle club know as the Renegades
  • the motorcycle club know as the Scorpions

Disclaimer

This website contains general information about legal matters.  The information is not advice, and should not be treated as such.  You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider.  You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.

Liability limited by a scheme approved under professional standards legislation.

Vicious Lawless Association Disestablishment Bill

Criminal motorcycle gang members will face mandatory jail terms of up to 25 years as part of a range of new and increased penalties to be introduced in Parliament by the Newman Government today.

Under our Vicious Lawless Association Disestablishment Bill, criminal gang members convicted of certain offences will be declared ‘vicious lawless associates’ and hit with an extra 15 years mandatory jail time on top of their sentence.

A further mandatory term of 10 years will apply if the offender is an office bearer of the criminal organisation.

Tattoo parlours will also require licenses from next year. Current and prospective proprietors will need to be fit and proper persons and will undergo police checks before their application is approved.

Three new offences, specifically targeting criminal gangs, would also be created.

The new offences are:

  • Knowingly gathering in groups of three or more members in a public place (including riding)
  • Going to banned locations (e.g. clubhouses)
  • Promoting or recruiting for the organisation.

These new offences will carry mandatory six month jail terms, with a maximum of three years in prison.

Increased penalties include:

  • Mandatory one year in prison for serious assault of a police officer
  • Mandatory six months in prison for affray with the maximum penalty increased from one year to seven years
  • An $11,000 fine (double the current penalty) and disqualified license for two years for evading police.

The reforms would also strengthen Queensland’s crime fighting bodies and courts. The Crime and Misconduct Commission unprecedented powers to haul in CMG members and question them for intelligence gathering purposes. If members don’t co-operate, they face mandatory jail time, if they don’t answer questions during coercive hearings by the Crime and Misconduct Commission, they face mandatory jail time for contempt. If they refuse again, they get more jail time.

Mandatory jail terms for contempt are:

  • First offence – at the Supreme Court’s discretion
  • Second offence – two-and-half years
  • Third offence – five years.

Criminal motorcycle gang members also face losing their Motor Cycles which the Government proposes to crush. If a member uses his bike immediately before, during or after committing many of these offences, we will confiscate it and crush it. Without his bike. Other vehicles used by gangs will also be able to be confiscated and crushed under the reforms.

In our view this is an appalling piece of legislation that unfairly discriminates against a group or class of people based solely on the their membership of a particular organisation.

We are reminded of the words of Niemöller:

First they came for the communist,
and I didn’t speak out because I wasn’t a communist.

Then they came for the socialist,
and I didn’t speak out because I wasn’t a socialist.

Then they came for the trade unionist,
and I didn’t speak out because I wasn’t a trade unionist.

Then they came for me,
and there was no one left to speak for me.

If you or someone you care about is facing Criminal Motorcycle Gang charges or offences for being associated with a Criminal Motorcycle gang, contact Gatenby Criminal Lawyers immediately.

Super jail’ for criminal bikie gangs

Southport Watchhouse

OMCG Members are to be housed in a special purpose jail and face being in their cells for 23 out of 24 hours

A special ultra-secure facility at Woodford Correctional Centre will house the highest risk members of criminal motorcycle gangs.
In prison, criminal motorcycle gang members will face:

  1. Restricted hours out of their cell (potentially as little as one hour a day)
  2. Increased drug testing
  3. Frequent, proactive cell searches
  4. Only one hour non-contact visits with family members per week
  5. No TVs in their cells
  6. No access to gymnasium facilities
  7. All phone calls, other than to legal representatives, will be monitored by intelligence staff
  8. Mail to be opened, searched and censored.

Fail to Appear – What happens

Jail barsIt an offence to fail to appear in court in accordance with a bail undertaking. The court has the power to revoke the bail undertaking, forfeit any sureties and issue a warrant for your arrest.

What if I had a really good reason for failing to appear?

The Court requires a person to show cause why they have failed to appear and in some exceptional cases, the court will accept a lawful excuse and discharge the person. In showing cause the person needs to establish that they were unable to attend court.  An example might be that the accused person was in hospital with a reasonable medical condition that prevented them from appearing.

The court will not only require you to show that you had reasonable cause for failing to surrender into custody but that you surrendered into custody as soon after the time as is reasonably practicable.

What do I do if I have failed to appear?

The court will generally issue a warrant once a person fails to appear.  This warrant will be provided to the police in an effort to locate you and have you brought before the Court.

The preferable approach is for you to surrender yourself to police rather than have them come looking for you.  The Court will more readily accept that you made a mistake and were not trying to abscond if you hand yourself in.

You will be arrested by police for the offence of fail to appear and will be offered to opportunity to provide a reason.

What will happen to me after I surrender myself to the police?

You will be held in custody and produced to the court that issued the warrant.

Upon production to the court they shall call upon you to prove why you should not be convicted of an offence against the section. If you are unable to show cause you will be sentenced and you will need to reapply for bail on the substantive offence.

What are the penalties for failing to appear?

In some circumstances, it is possible to be found guilty of the offence and not have a conviction recorded. However many courts treat the offence as serious and can impose periods of actual imprisonment.

Regardless of the penalty, a conviction for failing to appear can have an impact on assessing future applications for bail.  A conviction may persuade the court that an accused is an unacceptable risk of failing to appear and result in a refusal of bail.   It may even result in the revocation of bail and forfeiture of monies pledged by a surety.

It is imperative that you surrender yourself as expeditiously as possible and seek professional advice from an experienced criminal lawyer who specialises in bail matters.

BANNING ORDERS – WHAT ARE THEY AND CAN I DEFEND THEM?

BANNING ORDER
A banning order is a order that prohibits an offender, until a stated date, from doing or attempting to do any of the following:
  1. Entering or remaining in a stated licensed premises ; or a stated class of licensed premises;
  2. Entering or remaining in, during stated hours, a stated area that is a particular distance from the licensed premises;
  3. Attending or remaining at a stated event, to be held in a public place, at which liquor will be sold for consumption.
Banning orders can prohibit entry to stated places.

The Court has a wide discretion in relation to the terms of the Banning Order. It may for example prohibit a person from entering or remaining in, between hours of 10pm and 6am, in an area that is within 10 metres of a stated licensed premises. In practice such orders are generally made in relation to a stated “drink safe precinct” under the Liquor Act. The Court can impose an Order, with such conditions as it considers necessary, upon application by the Prosecution where :

  1. The offender has been convicted of an offence that involves that use, threatened use or attempted use of unlawful violence to a person or property.
  2. The offence was committed in licensed premises or in a public place in the vicinity of licensed premises.
The prosecution needs to satisfy the Court that unless the Order is made the Respondent would pose an unacceptable risk to :
  1. The good order of licensed premises and areas in the vicinity of licensed premises; or
  2. The safety and welfare of persons attending licensed premises and areas in the vicinity of licensed premises.
In considering the risk the Court must have regard to all the circumstances of the case, including for example the following :
  1. Whether the respondent has been the subject of another banning order under this legislation, section 11(3) of the Bail Act or a Civil Banning Order imposed under section 173X of theLiquor Act;
  2. The respondent’s Criminal History;
  3. The offenders person circumstances and the likely effect of the order on those circumstances;
  4. Anything else that the Court considers relevant

 

The Court has discretion to impose the banning order for not more than 12 months. Where the respondent is sentenced to a period of imprisonment the banning order commences at the conclusion of the sentence. Those facing a banning order need to consider whether the unacceptable risk exists for the whole of the 12 month period or whether it is probable that such risk will be reduced within a shortened time frame.
The banning order may not restrict a respondent from the entering or remaining within the respondents residence, place of employment or place of education. In addition the order must not cause undue hardship on the offender or the offenders family. It is incumbent upon the respondent to establish such hardship.
The legislation also envisages that the order will not be breached were the person is utilising a mode of transport required to be used by the offender. The order must describe the mode of transport in sufficient detail to identify the mode of the transport and state that the respondent is not stopped from entering or remaining in the mode of transport.
While the legislation is wide in its discretion, those who are respondents to an application need to carefully consider the implications of the order upon their ability to enter the particular location. If the unacceptable risk threshold test is reached they need to consider whether undue hardship will be caused and have evidence of such hardship, or in the case of transport requirements, particulars of the mode of transport.
A banning order is not trivial, a contravention carries a maximum penalty of $4,000.00 or 12 months imprisonment.  We recommend that anybody who is the subject of a Banning Order Application, seeks advice from an experienced Criminal Lawyer, before appearing in Court.