Criminal Law

Criminal Law

If you are to be or have been questioned by police or another agency then it is important that you obtain legal advice as soon as possible.

We cover all Magistrates courts on the northside of Brisbane including Pine Rivers, Sandgate, Redcliffe and Caboolture. We also cover all CBD Magistrates courts including the Roma and George Street complexes and have access to the Brisbane City Watch house, the Federal Circuit Court, Federal Court, Queensland Supreme and District Courts.

 

IT IS VERY IMPORTANT THAT YOU OBTAIN LEGAL ADVICE QUICKLY if you are to be or have been questioned by police or another agency.

 

With over 20 years of practice in criminal law you can be confident that your rights will be protected.

Your Rights

You should note that in Queensland, police don’t have to caution you about your right to silence unless they want to question you as a suspect in a serious offence. Police must tell you that you are under arrest and the reasons for this.

 

You have the right to remain silent however you are required to answer the following questions:

  • Your name, address and date of birth;
  • Questions about any traffic related incident;
  • Other instances involving an indictable offence – where unsure, you should call a lawyer immediately.

 

In any other instance, you have the right to remain silent.

 

Where you are invited to the police station make sure that it is clear that:

(a)     you have been arrested for an offence or

(b)     formally detained for questioning about an indictable offence.

 

Further you must also go with police for a blood or breath test in relation to a drink or drug driving offence.

 

If none of these circumstances exist and you are asked to accompany police to a station then you have the right to refuse.

 

Sometimes the police might tell you that you need to come with them and state on tape that you don’t want to be interviewed. They cannot do this unless you are under arrest or formally detained for questioning about an indictable offence.

 

Police can detain you for up to 8 hours unless a court order extends the period. If this happens to you, ask to call a lawyer immediately. Never give an interview until you have obtained proper legal advice.

 

If police want to interview you – there are Safeguards. These include:

  • warning you about certain things before questioning you
  • warning you (or ‘caution’) in a language that you can understand and use interpreters when necessary
  • telling you that you have a right to remain silent and do not have to answer their questions
  • telling you that you can contact a support person and a lawyer, and allow you to contact them
  • recording the caution electronically or writing it down if necessary
  • recording the interview itself electronically or write it down if necessary. You are entitled to a free copy of the interview tape within 7 days for a tape recording or 14 days for a video recording.

 

You have rights to be support during the interview

 

Police must allow you to contact a support person (a friend or relative) and a lawyer, and arrange for them to be with you during your formal interview. Police can’t listen to your conversations with your lawyer.

 

If you don’t understand anything that the police officer is telling you then ask them to explain the process to you.

Corporate Offences

Corporate offences may include offences against the Corporations Act 2001; Crimes Act 1914 (Commonwealth) or the Criminal Code Act 1899 (Qld). An example of a breach might involve a Director of a company not behaving appropriately whilst appointed in that role. The form of behaviour may constitute a breach of the civil and or criminal law.

 

Examples of corporate offences leading to breaches of the criminal law include predicate offences – offences which generate the proceeds of crime such as investment fraud. Others involve money laundering – which involves the movement of money arising from the proceeds of crime which enable a person to spend or continue to finance an enterprise.

 

Financial crime may include acts of involving the movement of funds through:

  • fraud;
  • misconduct of misuse of information relating to a financial market;
  • the handling of proceeds of crime;
  • corruption; and
  • terrorism financing.

 

This area of the law is very involved and demands experienced legal representation.  If you have any questions, please contact us for a confidential appointment as no legal advice will be provided over the telephone.

CONTACT US FOR A FREE APPRAISAL

With over 20 years of practice in criminal law you can be confident that we will provide you with a professional service