Evading Police is a criminal offence in Queensland. If you fail to stop your motor vehicle within a reasonable time, after a police officer, in a police vehicle has requested you to do so, you can be charged with evading police.
Evading Police is an extremely seriously charge. The Queensland Government has enacted some of the toughest legislation in the country in order to deter people from evading police including jail sentences. The charge of Evade Police typically results in some kind of police pursuit. Usually, it involves a person driving a car or riding a motorcycle in a fast or dangerous manner. If the police activate their lights and sirens, and the person fails to stop their vehicle as soon as possible then they will commit an offence.
This article on the charge of evading police in Australia is for general information only and should not be relied on for specific legal advice. The author will not be held responsible for any action that a person takes as a result of interpretation of the contents of this article. It is important to seek specific advice from a qualified and experienced lawyer for any legal problem.
Section 754 of the Police Powers and Responsibilities Act (Qld) states;
(1) This section applies if, in the exercise of a power under an Act, a police officer using a police service motor vehicle gives the driver of another motor vehicle a direction to stop the motor vehicle the driver is driving.
(2) The driver of the motor vehicle must stop the motor vehicle as soon as reasonably practicable if a reasonable person would stop the motor vehicle in the circumstances.
(3) If a court convicts a person of an offence against subsection (2), the court, whether or not any other sentence is imposed, must disqualify the person from holding or obtaining a Queensland driver licence for 2 years.
It is the duty of the prosecutor to prove beyond a reasonable doubt that the Defendant has committed the offence of evading police. Every charge has a number of elements that the Prosecutor must prove beyond a reasonable doubt. For the charge of Evading Police the Prosecution must prove;
There is some confusion surrounding the exact minimum and maximum penalties for evading police that a court may make.
Under the legislation:
The minimum penalty is 50 penalty units ($5500) or 50 days imprisonment served wholly in a corrective services facility.
The maximum penalty is 200 penalty units ($22000) or 3 years imprisonment.
If you are a member or associate of a criminal organisation:
Minimum penalty is 100 penalty units ($11000) or 100 days actual imprisonment.
According to case law:
The court may impose a period of probation or community service rather than actual jail or a fine of $5,500.
The is a further mandatory minimum disqualification period of 2 years that a Magistrate must order pursuant to the legislation.
Mandatory disqualification period of your driver’s licence:
It is not possible to apply for a work licence or special hardship licence or any other type of authorisation to drive if you are found guilty of Evading Police.
In Queensland, if a person is convicted of Evading Police, then the court could impose one of the following penalties:
The actual penalty will depend on the specific circumstances including the seriousness of the offence and the individual circumstances and background of the Defendant.
There are a number of defences available to those charged with evading police. Not every defence is available to every charge. You will need to seek specific legal advice to see if you have a defence available to you for this charge. Some of the common defences available in criminal charges are;
The charge Evade Police will be heard in the Magistrates Court in Queensland. The charge will be heard and determined by a Magistrate alone whether you plead guilty or not guilty. There is no jury in the Magistrates Court.
You have the right to remain silent. You DO have to provide police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
If you are charged with a police evasion offence, it is vital that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Contact us today or call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
In Australia, it is an offence to assault another person, and doing so can result in assault charges. There are different types of assaults and the type of assault charge usually depends on the injuries that the victim receives. The types of assault include:
You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or assault lawyer.
If you are charged with any of the above assault offences, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
(Police Powers and Responsibilities Act Queensland)
The offence for assaulting or obstructing a police officer is found in section 790 of the Police Powers and Responsibilities Act 2000.
(1) A person must not assault or obstruct a police officer in the performance of the officer’s duties. Maximum penalty:
(a) if the assault or obstruction happens within licensed premises, or in the vicinity of licensed premises—60 penalty units or 12 months imprisonment; or
(b) otherwise — 40 penalty units or 6 months imprisonment.
(2) For subsection (1), a person who obstructs a police dog or police horse under the control of a police officer in the performance of the police officer’s duties is taken to obstruct the police officer.
In Queensland it is an offence to assault a police officer when they are performing their official duties. A person who strikes, touches, moves or applies force to a police officer (either directly or indirectly) can be charged with Assaulting Police.
It is also an offence in Queensland to obstruct a police officer when they are performing their official duties. A person obstructs a police officer if they hinder, resist or attempt to obstruct the officer. You may also be charged with obstructing police if you obstruct a police dog or horse under the control of a police officer while they are performing their duties. The definition of an ‘obstruct’ can be as simple as making the officers’ job more difficult than it otherwise would have been.
The maximum penalty for these offences is a $5,040.00 fine, 6 months’ imprisonment, or both. This penalty increases to a $7,560.00 fine and 12 months’ imprisonment if the offence is committed within or in the vicinity of licensed premises.
Assault or Obstruct Police offences are usually dealt with in the Magistrates Court. Depending on the seriousness of the circumstances and the existence of additional connected offences, Assault or Obstruct Police charges may also be heard in the District Court.
In Queensland, if a person is convicted of an Assault or Obstruct Police offence, then the court could impose one of the following penalties:
The actual penalty will depend on the circumstances of the matter including the seriousness of the offence and the individual circumstances and background of the Defendant.
Yes. The facts of your case will determine which defences will be available for you. The following defences may be available to you:
You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
If you are charged with a criminal offence, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
(1) Any person who unlawfully assaults another is guilty of a misdemeanour, and is liable, if no greater punishment is provided, to imprisonment for 3 years.
In Australia, it is an offence to assault another person. There are different types of assaults and the type of assault charge usually depends on the injuries that the victim receives. The lowest category of assault is a ‘Common Assault’. Any person who is convicted of a common assault charge (Section 335 Criminal Code Qld) could expose themselves to 3 years jail in Queensland. The more serious forms of assault include assault occasioning actual bodily harm, assault causing grievous bodily harm and assaulting or obstructing a police officer.
Any person who strikes, touches, moves or applies force to another (either directly or indirectly) OR threatens to apply force could be charged by the police with an assault. An assault is unlawful unless the actions of the accused are deemed to be authorised, justified or otherwise excused by law.
There does not necessarily need to be an injury to the victim for the police to charge a person with Common Assault. A physical assault could be as simple as a push and shove or more seriously a slapping, punching, kicking or any other type of unlawful touching.
If the injuries are relatively minor (or even if there are no actual injuries) then the police could lay a charge of Common Assault. If the injuries are more severe, then the police could consider a more serious charge.
Common Assault offences are usually dealt with in the Magistrates Court, however, if you have more serious charges connected with a Common Assault offence, it may be dealt with in a higher court such as the District Court.
In Queensland, if a person is convicted of common assault then the court could impose one of the following penalties:
The exact penalty will depend on the seriousness of the circumstances.
Yes. The defences of Provocation, Self Defence, Intoxication, Duress and Accident may apply to your common assault charge but will depend entirely on the circumstances. There is also an option to refer the matter to Justice Mediation as an alternative dispute resolution.
You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
If you are charged with an assault offence, it is very important that you seek immediate legal advice. Our team of common assault lawyers at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
(1) Any person who unlawfully does grievous bodily harm to another is guilty of a crime and is liable to imprisonment for 14 years.
In Queensland, it is an offence to assault another person and cause grievous bodily harm. Grievous Bodily Harm includes maiming, disfiguring or permanently disabling the victim. If a person is ‘maimed’, they must have suffered a permanent injury which has caused them to become mutilated or crippled. The injury must have the potential to endanger life if it is left untreated, regardless of whether medical treatment was available at the time the injury was sustained.
If a person suffers a disfigurement, an aspect of their personal appearance must have been permanently altered as a result of the injury. Disfigurements include permanent scarring and burns. Lastly, a person becomes disabled if they become permanently handicapped as a result of an injury. Conduct which causes a person to become a quadriplegic may constitute Grievous Bodily Harm.
Grievous Bodily Harm charges must be heard in the District Court. The maximum penalty for a GBH offence is 14 years imprisonment.
In Queensland, if a person is convicted of a Grievous Bodily Harm offence, then the court could impose one of the following penalties:
The actual penalty will depend on the circumstances of the matter including the seriousness of the Grievous Bodily Harm offence and the individual circumstances and background of the Defendant.
Yes. The facts of your GBH case will determine which defences will be available for you. The following defences may be available to you:
You have the right to remain silent. You DO have to provide police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
If you are charged with a criminal assault offence, it is very important that you seek immediate legal advice. Our team of assault lawyers at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
The offence for Assaults Occasioning Bodily Harm is found in section 339 of the Criminal Code Queensland.
(1) Any person who unlawfully assaults another and thereby does the other person bodily harm is guilty of a crime and is liable to imprisonment for 7 years.
(2) If the offender does bodily harm, and is or pretends to be armed with any dangerous or offensive weapon or instrument or is in company with 1 or more other person or persons, the offender is liable to imprisonment for 10 years.
In Queensland, it is an offence to assault another person. One category of assault is an Assault Occasioning Bodily Harm, which occurs when a person strikes, touches, moves or otherwise applies force (either directly or indirectly) to another person without their consent, which causes them to suffer some kind of bodily harm or injury. An application of force to another person, whether it is a light push or a punch to the face, might constitute Assault Occasioning Bodily Harm.
For example, police can charge you with Assault Occasioning Bodily Harm if you headbutt, slap or punch another person which causes them injury. Injuries constituting bodily harm can include bruising, swelling, cuts, scratches or broken bones.
The maximum penalty for an AOBH offence is 7 years imprisonment, however, if the offender pretends to be or is actually armed with any dangerous weapon or is in the company of at least one other person, the maximum penalty increases to 10 years imprisonment.
Assault Occasioning Bodily Harm offences are ordinarily heard in the Magistrates Court. Depending on the seriousness of the offence, and the existence of other offences connected to the Assault Occasioning Bodily Harm offence, the matter may also be heard in the District Court.
In Queensland, if a person is convicted of an Assault Occasioning Bodily Harm offence, then the court could impose one of the following penalties:
The actual penalty will depend on the circumstances of the matter including the seriousness of the Assault Occasioning Bodily Harm offence and the individual circumstances and background of the Defendant.
Yes. The following offences may be available to you:
You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
If you are charged with an assault offence, it is very important that you seek immediate legal advice. Our team of common assault lawyers at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
The Drugs Misuse Act is a complex area of law and people often don’t realise the serious nature of being charged under this legislation. Penalties vary from good behaviour and community service through to lengthy periods of imprisonment.
The following are examples of the most common drug offences that fall within the Drugs Misuse Act 1987 (QLD).
Yes. The facts of your drug case will determine which defences will be available for you. Depending on your drug charges, the following defences may be available to you:
You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
If you are charged with a drug related offence, it is very important that you seek immediate legal advice. Our team of drug offence lawyers at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can effectively defend your drug charges in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
(1) A person who unlawfully produces a dangerous drug is guilty of a crime.
In Queensland, it is an offence to manufacture or produce drugs. A person may be charged with this offence if they prepare, manufacture, cultivate, harvest, package or produce a dangerous drug. The maximum penalty for producing a Schedule 1 Drug is 25 years imprisonment, while the maximum penalty for Schedule 2 Drugs is 20 years imprisonment. Drugs commonly produced include cannabis, ecstasy, ice and methylamphetamine. Production includes cultivating, harvesting and weeding a crop of cannabis, as well as mixing chemicals in order to create an illicit drug.
Producing Dangerous Drugs charges are usually heard in the Magistrates or District Court. The seriousness of the drug offence and the existence of other connected offences will determine the court in which the matter must be heard.
In Queensland, if a person is convicted of manufacturing or Producing Dangerous Drugs, then the court could impose one of the following penalties:
The severity of the penalty imposed, however, is dependent on the size of the production, complexity of the project and its potential for profit. Other factors which will have an impact include the level of planning, purpose (commercial or personal) of the operation and the period over which the project has taken place.
Yes. The facts of your manufacturing drugs case will determine which defences will be available for you. The following defences may be available to you:
You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
If you are charged with a drug offence, it is very important that you seek immediate legal advice. Our team of drug charge lawyers at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
(1) A person who carries on the business of unlawfully trafficking in a dangerous drug is guilty of a crime. Maximum penalty—25 years imprisonment.
In Queensland, it is an offence to carry on the business of trafficking dangerous drugs. A person may be charged with this offence if they advertise or promote the product by communicating with potential buyers, set up lines of supply, arrange for deliveries, solicit and receive orders and negotiate the process and terms of supply. The offender must receive a financial benefit from the exercise, and the Trafficking activity must continue for more than a brief period of time.
A person trading in or dealing with (including selling) dangerous drugs may be charged with this offence. It is not necessary that a commercial drug enterprise be of a particular size to constitute Trafficking, however people engaging in small-scale trade or simply buying and selling Dangerous Drugs may be charged with Supplying or Possessing Dangerous Drugs instead.
The maximum penalty for trafficking Schedule 1 Drugs is 25 years imprisonment, while the penalty for trafficking Schedule 2 Drugs is 20 years imprisonment. However, factors including the complexity and value of the trafficking operation will affect the severity of the sentence handed down. Trafficking offences must be dealt with in the Supreme Court.
In Queensland, if a person is convicted of Trafficking Dangerous Drugs, then the court could impose one of the following penalties:
The actual penalty imposed will depend on the seriousness of the offending and the circumstances of the drug trafficking case. The sentence imposed significantly depends on the defendant’s financial gain, the scale of the operation and the quantities of drugs trafficked as well as the circumstances of the individual.
Yes. The facts of your drug trafficking case will determine which defences will be available for you. The following defences may be available to you:
You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
If you are charged with a drug trafficking offence, it is very important that you seek immediate legal advice. Our team of drug offence lawyers at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
(1) A person who unlawfully supplies a dangerous drug to another, whether or not such other person is in Queensland, is guilty of a crime.
In Queensland, it is an offence to supply a dangerous drug to another person. A person may be charged with this offence if they give, distribute, sell, administer, transport or supply a dangerous drug. You may also be charged if you offer to do any of those things.
Dangerous drugs are broken into two categories: Schedule 1 Drugs and Schedule 2 Drugs.
The maximum penalty for Supplying a Schedule 1 Drug is 20 years imprisonment, permitting there are no aggravating circumstances. Further the maximum penalty for Supplying a Schedule 2 Drug is 15 years imprisonment. These penalties are increased in aggravating circumstances, including when a drug is supplied to a person under the age 16, or an intellectually impaired person. The penalties are also increased if the drugs are supplied within an educational institution or correctional facility.
You may also be charged with Supplying a Dangerous Drug if you are in the company of another person who commits the offence. In this situation, it is irrelevant whether you physically gave a Dangerous Drug to another person. Accompanying another person who actually supplies a Dangerous Drug to a third party may constitute Supply of a Dangerous Drug.
Supplying Dangerous Drugs offences are usually heard in the Magistrates Court or District Court. The circumstances of the offence, category of Dangerous Drug supplied and the existence of other connected offences will determine the Court in which the matter should be dealt with.
In Queensland, if a person is convicted of a Supply Dangerous Drug offence, then the court could impose one of the following penalties:
The actual penalty will depend on the circumstances of the matter including the seriousness of the drug supply offence and the individual circumstances and background of the Defendant.
Yes. The facts of your sexual assault case will determine which defences will be available for you. The following drug charge defences may be available to you:
You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
If you are charged with a drug supply offence, it is very important that you seek immediate legal advice. Our team of drug offence lawyers at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
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