Magistrates Court Archives - Page 2 of 2

08 Apr

Police Set to Outsource Service of Notices To Appear

Notices to Appear Under current legislation the Queensland Police Service is required to personally serve Notices to Appear on alleged offenders. This process ensures that the alleged offender is aware that they have been charged and the date upon which they are required to appear in Court. The changes proposed by the Police Minister are said to affect service of Notices to Appear in relation to: Failing to stop a motor vehicle on direction; Provisional drivers, driving a restricted vehicle; Exceed speed limit by more than 40kmh; Failing to stop at a red light; Public nuisance; Disorderly behaviour; and Threatening …

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26 Mar

Juvenile Offenders To Be Named and Shamed Under New Laws

New criminal laws have been passed for juvenile offenders in Queensland with a substantial overhaul of the Qld Childrens Court process. These changes are substantial in that they remove the requirement for a sentence of imprisonment to be a sentence of last resort and open up the children’s court for repeat offenders. They go further in that the prohibition against reporting children’s names before, during and after proceedings has been removed for alleged repeat offenders. Changes to Qld Childrens Court The changes to Qld Childrens Court include: Permit repeat offenders’ identifying information to be published; Open the Childrens Court for …

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31 Oct

NSW to Target Repeat and High Range Drink Driving with Interlock

High Range Drink Driving Repeat and those caught high range drink driving will have to install an alcohol interlock device under legislation to be introduced into NSW parliament early next year. While there is a voluntary scheme currently in place, it is believed this mandatory system will prevent at least 140 alcohol related crashes. Alcohol Interlock An alcohol interlock will be installed in a person’s car if they have been caught drink driving twice in five years, or once with a blood-alcohol level above 0.15 (high range drink driving). Magistrates will also have the power to make motorists keep the …

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22 Oct

Increased penalties for QLD Stock Offences

The 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: Empowering police to effectively investigate stock crime by extending stock-related search warrant durations from 7 to 21 days Modernising evidentiary requirements in stock offence prosecutions Maintaining the ability of police to immediately return cattle to victims of crime where there is no dispute as to ownership Streamlining the disposal process where there is a dispute as to ownership, allowing the stock to be …

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10 Sep

Fail to Appear – What happens

It 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 …

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05 Sep

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

A banning order is a order that prohibits an offender, until a stated date, from doing or attempting to do any of the following: Entering or remaining in a stated licensed premises ; or a stated class of licensed premises; Entering or remaining in, during stated hours, a stated area that is a particular distance from the licensed premises; 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 …

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05 Sep

COMMONWEALTH PENALTY UNIT

On 28 November 2012, the Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Bill 2012 received royal assent. This act increases the value of a penalty unit from $110 to $170.00 and requires the value of a penalty unit to be reviewed every three (3) years. The value of a penalty unit has not increased since 1997. The change affects the value of a penalty unit in most Commonwealth laws, including the Taxation Administration Act 1953. The new value of a penalty unit applies where the matter at giving rise to the penalty occurs on or after 28 December 2012.

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23 Oct

SENTENCING CONSIDERATIONS

It is an important sentencing principle that parity exist in sentences imposed for like offences. In a diverse state such a Queensland, with three levels of Courts; Magistrates, District and Supreme, there needs to be an overriding set of guidelines to ensure that sentences imposed upon offenders are consistent. The Penalties and Sentences Act sets out the parameters within which the courts must operate. The legislation does this by setting out the purpose of imposing sentences and then establishes the principles that the Court is to apply in achieving those purposes. The purpose of imposing a sentence can be classified …

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21 Aug

OFFENDER LEVY

Defendants found guilty of offences in the Supreme, District and Magistrates Courts will pay an offender levy with recent amendments to the Penalties and Sentences Act 1992 (“the Act”). The levy will apply as follows: Supreme Court $300.00 District Court $300.00 Magistrates Court $100.00 This levy will apply to all adult offenders; there are no exceptions regardless of the nature of the offence or the offender’s personal circumstances. The offender levy is automatically imposed at the conclusion of sentencing as an administrative levy and is in addition to any other sentence imposed. The levy must …

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