Criminal offences
Appearing in court or have been charged with an offence?
What kind of solicitor do you need?
If you’ve been charged with an offence or have received a notice from a police officer to appear in court, you will need a criminal defence solicitor.
A criminal solicitor can provide you with expert legal advice about your specific situation and explain any charges against you, your legal rights, and potential outcomes.
Your solicitor can also represent you throughout the legal process, including police interviews, court appearances, and negotiations with prosecutors. They will advocate for your interests and defend your rights at every stage.
Top tip
If you have a complex matter, you may need a criminal law accredited specialist.
Find your solicitor nowTypes of criminal offences
In Queensland, criminal offences are split into two categories:
- Simple offences - also known as summary offences. These include less serious offences such as traffic offences, disorderly behaviour etc.
- Crimes and misdemeanours - also known as indictable offences. These include more serious crimes such as assault, robbery, rape and murder etc.
Criminal law in Queensland covers a variety of offenses including:
- Crimes against the person
- This encompasses offenses such as assault, battery, homicide (murder and manslaughter), sexual assault, and kidnapping.
- Property
- Property offenses involve crimes against property, such as theft, robbery, burglary, arson, and vandalism.
- Drug
- Laws related to the possession, distribution, manufacturing, or trafficking of controlled substances, including narcotics or illicit drugs.
- Traffic
- This includes offences related to driving under the influence (DUI), reckless driving, speeding, and other traffic violations.
- Public order
- Public order offences include crimes such as disorderly conduct, public intoxication, disturbing the peace, and rioting.
- White-collar
- Non-violent crimes typically committed for financial gain, such as fraud, embezzlement, insider trading, and money laundering.
- Cybercrimes
- Offences involving the use of technology, such as hacking, identity theft, phishing, and online fraud.
- Juvenile
- Laws specific to offences committed by minors, including procedures and penalties applicable to juvenile offenders.
- Environmental
- Offences related to environmental protection laws, such as pollution, illegal dumping, and wildlife trafficking.
- Domestic Violence
- Specific laws addressing domestic violence incidents, including physical abuse, emotional abuse, and stalking within domestic relationships.
Where can I get help as a victim of a crime?
In an emergency
If a crime is happening right now or a life is being threatened phone Triple Zero (000)
Non-urgent cases
To report a non-urgent crime you should can call Policelink on 131 444.
Victim Assist and other support services
The Victim Assist website has information and advice for victims of crime; including information about support services, victims’ rights and financial assistance.
Criminal law frequently asked questions
You have the right to represent yourself in court – however like any legal matter it is always a good idea to have an expert to represent your interests. In the case of criminal charges, the consequences (imprisonment, fines, a criminal record) can be severe so you will need to consider whether it is worth taking the risk of representing yourself.
You do have the right to remain silent, however the police are allowed to ask you some basic questions which you must answer.
These questions include:
- your name and current address
- to see your drivers licence (if you are in a vehicle)
- questions regarding traffic laws and whether you saw an accident occur
- if you are being questioned in relation to drug charges, you will also need to tell police your date of birth
You have the right to be informed about the charges against you.
Once you’ve been arrested, you have the right to be informed about the nature and details of the charges against you. This information should be given to you as soon as possible after the arrest.
You have the right to legal advice.
We highly recommend that you speak to a solicitor as soon as possible.
You have the right to contact a family member.
The police are required to help you organise this.
You are presumed innocent until proven guilty.
This is one of the most important principles underlying the justice system. It means that you do not have to prove that you are innocent of the charges against you.
Instead, it is the job of the police and prosecution (the solicitors that represent the state) to gather enough evidence and prove beyond reasonable doubt that you are guilty of the charges against you.
If you are being charged with an offence the police will often ask you to participate in a police interview. We strongly suggest you seek legal advice before participating in a police interview.
Some things to consider when you are deciding to speak to the police:
- Anything you say to a police officer may later be used in evidence against you. This is not just in the interview – there is no such thing as “off the record” so even informal comments you make can be used.
- The police cannot use the fact that you used your right to silence as evidence that you are guilty of the offences.
For these reasons it is generally recommended that you speak to a solicitor before speaking to the police.
You may be able to get Legal Aid if you are eligible.
If you are not eligible, you may be able to access free or low-cost legal assistance from a community legal centre.
You do not have to go to the police station unless you are under arrest.
Police officers may ask you to go to the station with them when they are questioning you.
If you are unsure about whether you have to go with a police officer to the station, you should ask them if you are being arrested. If the answer is no, then you do not have to go.
- The police could take you to court – if the police arrest you, they can take you to the watch-house and keep you in their custody until you have to appear in court.
- You could receive bail and be ordered to go to court – instead of being taken into custody by the police, you might be given bail and allowed to go home. To get bail you will need to sign a document promising you will go to court on a certain date to face the charges against you.
- You could receive a Notice to appear – instead of being placed in custody by the police, you might be given a Notice to appear and be allowed to go home.
- You could receive a Summons to appear – you can be charged and given a Summons to appear before the court.
If you do not go to court on the date specified in your bail undertaking, Notice to appear or Summons, then the court may issue a warrant for your arrest. You may also be charged with the additional offence of failing to appear.
If for some reason you think you may not be able to attend court on the specified date, you should speak to your solicitor as soon as possible so that they can make appropriate arrangements.
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