An unexpected visit from the police, asking questions or saying they have a search warrant to go through your house, is a very confronting event. If you find yourself in this position, it is important you are aware of the extent of police powers, and your rights in responding to them.
When a defendant is sentenced to a term of imprisonment, they will typically be released at some time during their jail sentence on parole. This article looks at the process of applying for parole and how the Parole Board determines that application.
With the “youth crime” crisis being a hot topic of public debate at the moment, the offence of car stealing is never far from the media spotlight. Stories of victim’s cars being stolen - often accompanied by home security footage showing the offenders in the act - feature regularly on the nightly news bulletins.
A restraint of trade clause, in various forms, may be included in an employment contract, usually at the commencement of employment. A post-employment restraint will be considered at the completion of the employment relationship. The purpose of post-employment restraints is to protect legitimate business interests of the employer.
In Queensland, the criminal justice system treats children differently to adults. The purpose of dealing with children differently is to acknowledge that children have different maturity levels to an adult, and may not have the same life experience, mental capacity and legal understanding to make adult-like decisions.
Under the Work Health and Safety Act in Queensland, penalties for offences relating to breaches of health and safety duties have not increased since the WHS regime was introduced in 2012. For several years there has been ongoing debate regarding two key considerations with respect to the sentencing process for breaches of duties owed under the WHS Act.
In the August 2023, the High Court unanimously overturned the earlier decision of the Queensland Court of Appeal that had originally found an employer was vicariously liable for the wrongful act of an intoxicated employee who had urinated on a colleague sleeping in staff accommodation.
When it is appropriate to do so, a child who has criminally offended should be diverted away from the criminal justice system, unless the nature of the offence and the child’s criminal history indicate that a proceeding for the offence should be started.
A defendant who successfully defends charges in the Magistrates Court is not automatically entitled to costs but they can usually apply for the reimbursement of some of their legal costs. Two recent District Court appeal cases in Queensland have provided useful guidance on the recovery of costs in such matters.
As of 3 October 2023, persons accused of, and charged with sexual offences including rape, attempted rape, assault with intent to commit rape, and sexual assault, can have their identity published by the media.