Our experienced criminal law solicitors have prepared a brief overview of the law relating to Contravening Restricted Premises Order. If you or someone you care about is facing a Contravening Restricted Premises 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 Restricted Premises Order – The Law
Section 54 of the Peace and Good Behaviour Act 1982 creates the offence of Contravening Restricted Premises Order
An owner or occupier of restricted premises commits a misdemeanour if—
(a) an owner or occupier has been served with a restricted premises order for the restricted premises; andSection 54 Peace and Good Behaviour Act 1982
(b) a disorderly activity takes place at the restricted premises after the order has been served and while the order remains in force; and
(c) the owner or occupier knows, or ought reasonably to know, that the disorderly activity has taken place.
Elements of the offence
To be found guilty of the offence of Contravening Restricted Premises Order the prosecution is required to prove, beyond a reasonable doubt, the following elements:
- That a Restricted Premises Order was served;
- Disorderly activity takes place at the premies
- The owner knew or ought to have known that disorderly activity has taken place.
- The maximum penalty for the first offence of Contravening Restricted Premises Order is 18 months imprisonment.
- The maximum penalty for each subsequent offence of Contravening Restricted Premises Order is 3 years imprisonment
Jurisdiction – Where will the matter be heard?
The offence of Contravening Restricted Premises Order 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 Restricted Premises 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.
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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.
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