Have you been charged with the criminal law offence of trespass? It's important to seek legal advice from an experienced lawyer as soon as possible. Learn more about this offence below.
11 Trespass (Summary Offences Act Queensland)
(1) A person must not unlawfully enter, or remain in, a dwelling or the yard for a dwelling. Maximum penalty—20 penalty units or 1 year’s imprisonment.
(2) A person must not unlawfully enter, or remain in, a place used as a yard for, or a place used for, a business purpose. Maximum penalty—20 penalty units or 1 year’s imprisonment.
In Queensland, it is an offence to unlawfully enter or remain in a dwelling, or the yard of a dwelling of another. You may also be charged if you unlawfully enter a place used for a business purpose. ‘Entering unlawfully’ means to enter without authorisation, justification or an excuse accepted by the law.
The maximum penalty for trespass offences is a $2520.00 fine, 1 years imprisonment, or both. Trespass charges are usually dealt with in the Magistrates Court, or can be referred to Justice Mediation for an alternative dispute resolution.
In Queensland, if a person is convicted of a trespass offence, then the court could impose one of the following penalties:
- Jail (suspended, parole or actual time);
- Community Service;
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.
Are there any defences available to this charge?
Yes, the following defences may be available to you:
- Offender was not on the property in question;
- Offender had authorisation, justification or a lawful excuse to be on the property;
- There was a mistake of fact.
What should I do if the police want to speak to me about a trespass allegation or if I am charged with a trespass offence?
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.
Call an Expert
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.