Contents

Foreword 3

Preface 4

Priorities 4

Chapter 1—Introduction 19

A. Purpose of handbook 19

1-1 Handbook as a guide 19

B. History and aims of Criminal Law Duty Lawyer Program 19

1-2 History 19

1-3 Aims 19

C. Duty lawyer guidelines 19

1-4 Duty lawyer guidelines 19

D. Practical requirements of Criminal Law Duty Lawyer Program 20

1-5 Criminal law duty lawyer form 20

1-6 Duty lawyer session report form 21

E. Responsibilities of duty lawyers 21

1-7 Duty as if to private client 21

1-8 No obligation to appear 21

1-9 Appearing as a ‘friend of the court’ 21

1-10 Primary duty to defendants 21

1-11 Consciousness of time 22

F. Practical hints for duty lawyers 22

1-12 Practical hints only 22

1-13 Be early 22

1-14 Speak to the police prosecutor or court staff 22

1-15 Try to plan time 22

1-16 Taking instructions—working out the issue 23

1-17 Do not rush 23

1-18 Obtain further information from prosecutor if necessary 23

1-19 Deal only with the prosecutor 23

1-20 Organise appearances 23

1-21 Follow-up advice 24

1-22 Remands for further advice 24

G. Referrals from duty lawyers 24

1-23 Referring defendants for further legal advice or assistance where necessary 24

1-24 Prisoners 24

1-25 Criminal charges against Aboriginal and Torres Strait Islander people in all jurisdictions 24

1-26 Legal advice and assistance 24

Chapter 2—Bail 26

A. Basic principles 26

2-1 Principles contained in the Bail Act 1980 (Qld) 26

2-2 When the court will refuse bail 26

2-3 Where a magistrates court cannot grant bail 26

2-4 Supreme Court bail 26

B. Grants of bail—general 27

2-5 Power of a police officer to grant bail 27

2-6 Power of magistrates court to grant bail 27

2-7 Consideration of options by court or police officer 27

2-8 Special conditions 27

2-9 Restriction on publication 28

2-10 Cash bail 28

2-11 Effect of Penalties and Sentences Act 1992 (Qld) 28

2-12 Release of a person with an impairment of the mind 28

C. Procedures on bail applications 29

2-13 Procedures 29

2-14 Facts in dispute 29

2-15 Remand in custody 29

2-16 Assessing unacceptable risk 29

2-17 Onus on defendant to ‘show cause’ 30

2-18 Further applications for bail 31

2-19 Undertakings as to bail 31

2-20 Sureties 31

D. Breaches of the Bail Act, including failure to appear 31

2-21 Failure to appear 31

2-22 Surrender by the defendant into custody after failing to appear 32

2-23 Breaches of the Bail Act 32

2-24 Arrest on warrant for failure to appear or breach of bail condition 32

2-25 Failure to appear in the Supreme or district court 33

2-26 Penalty for breach 33

2-27 Bail granted for the substantive offence 33

E. Conduct of bail applications 33

2-28 Defendant in custody 33

2-29 Instructions 33

2-30 Confirm information with prosecutor 34

2-31 Ascertaining whether onus of proof is on defendant 34

2-32 Where bail is opposed and defendant is not in a show cause situation 34

2-33 Duties of the court 34

2-34 Order of address 35

2-35 Special conditions 35

2-36 Being as concise as possible 35

2-37 Relevant submissions 35

2-38 Caution when making admissions 36

2-39 Previous convictions 36

2-40 Where the defendant is legally represented 37

2-41 Applying to the Supreme Court if bail is refused 37

F. Appeal of bail 37

2-42 Appeal of bail 37

Chapter 3—Magistrates courts and the Justices Act 1886 (Qld) 39

A. Overview 39

3-1 Justices Act 39

3-2 Justices Regulation 39

3-3 Relevant parts for duty lawyers 39

B. General procedures 40

3-4 General procedures 40

C. Proceedings in case of indictable offences 41

3-5 Proceedings in case of indictable offences 41

D. Proceedings in case of simple offences and breaches
of duty 41

3-6 Proceedings in case of simple offences and breaches of duty 41

3-7 Defendant to be asked to plead 42

3-8 Court can re-open proceedings 42

E. Appeals 42

3-9 Offences dealt with summarily 42

3-10 Bail 43

3-11 Duty lawyer obligations 43

Chapter 4—Indictable offences that can be dealt with summarily 45

A. Introduction 45

4-1 What is an indictable offence? 45

4-2 Who can elect summary jurisdiction? 45

4-3 Summary jurisdiction—time 45

B. The defendant’s election 45

4-4 Defendant’s election under the Criminal Code 45

4-5 Magistrate to advise as to right of election 45

4-6 Determining value where there are multiple charges 46

C. The prosecutor’s election 46

4-7 Prosecutor’s election under the Criminal Code 46

D. Matters for which there are no elections 46

4-8 Matters for which there are no elections 46

E. When Magistrates Court must abstain from jurisdiction 46

4-9 Adequate punishment 46

4-10 Defence application in exceptional circumstances 46

F. Appellate jurisdiction 47

4-11 Appellate jurisdiction 47

Chapter 5—Specific offences under the Criminal Code more commonly dealt with and defences 49

A. Assaults 49

5-1 Definition of assault 49

5-2 Assault is an offence 49

5-3 Common assault 49

5-4 Aggravated assault 50

5-5 Assault occasioning bodily harm 50

5-6 Serious assaults 50

5-7 Defences to assault 51

5-8 Provocation defined 51

5-9 Defence of provocation 51

5-10 Provocation is a defence only if assault is element of offence 51

5-11 Questions of fact for court 51

5-12 Self-defence against unprovoked assault 51

5-13 Self-defence against provoked assault 52

5-14 Aiding in self-defence 52

B. Sexual offences 52

5-15 Sexual offences that may be dealt with summarily 52

5-16 Offences where absence of consent is not an element 52

5-17 Offences where absence of consent is an element 52

5-18 Sexual offences that must proceed on indictment 52

5-19 Mistaken belief about age of complainant 52

C. Offences of dishonesty 53

5-20 Offences more commonly encountered 53

5-21 Stealing defined 53

5-22 Things capable of being stolen 53

5-23 Intention 53

5-24 Bona fide claim of right 54

5-25 Mistake of fact 54

5-26 Abandoned property 54

5-27 Receiving stolen property 54

5-28 Mental element—receiving 54

5-29 Breaking and entering offences 54

5-30 Mental element 55

5-31 Breaking and entering defined 55

5-32 Premises defined 55

5-33 Fraud 55

5-34 Passing valueless cheques 56

5-35 Computer hacking and misuse 56

D. Property damage 56

5-36 Wilful and unlawful damage 56

5-37 ‘Wilfully’ defined 56

5-38 Unauthorised damage to property under Regulatory Offences Act 57

E. Defences generally 57

5-39 Defences available under Chapter 5 of the Criminal Code 57

Chapter 6—Commonwealth offences 59

A. Introduction 59

6-1 Overview 59

B. Jurisdiction 60

6-2 Dealing with offences—summarily or on indictment 60

6-3 Time for commencing prosecutions 60

6-4 Party offences 60

6-5 Defences 60

C. Common offences index 61

6-6 Common offences a duty lawyer may encounter 61

6-7 Defences 63

D. Sentencing 63

6-8 Introduction 63

6-9 Taking other offences into account 64

6-10 Sentencing options 64

6-11 Fine option orders 66

6-12 Reparation (restitution) 67

E. Appeals 67

6-13 State law applying to appeals 67

Chapter 7—Extradition, migration detention and deportation 69

A. Extradition interstate 69

7-1 Service and Execution of Process Act 1992 (Cth) 69

7-2 Apprehension under warrant 70

7-3 Procedure after apprehension 70

7-4 Additional provisions if person is under restraint 70

7-5 Review 71

B. Extradition overseas 71

7-6 Summary 71

7-7 Legislation 71

7-8 Remand 72

7-9 Bail 72

7-10 Special provisions for extradition to New Zealand 73

C. Non-payment of interstate fines 73

7-11 Effect of amendment to Service and Execution of Process Act 73

7-12 Effect of registration (s 114) 73

D. Migration detention 74

7-13 Legislation 74

7-14 Bail 74

7-15 Legal representation 74

Chapter 8—Drug offences 76

A. Introduction 76

8-1 Drugs Misuse Act 1986 (Qld) 76

8-2 Dangerous drugs 76

8-3 Summary jurisdiction for drug offences 77

8-4 Bail for drug offences 78

B. Possession of dangerous drugs 78

8-5 Unlawfully in possession of dangerous drugs 78

8-6 Possession defined 78

8-7 Actual possession 78

8-8 Deemed possession 79

8-9 Possession of minute quantities 80

8-10 Possession—momentary control 80

8-11 Possession—applicability of s 24 of the Criminal Code 80

8-12 Possessing relevant substances or things 81

C. Possession of things for use in connection with
drug offences 81

8-13 Possession of things for use in connection with drug offences 81

8-14 General comments 81

8-15 Possession of a prohibited combination of items 82

D. Possession of things for use in connection with administration/consumption/smoking dangerous drugs 82

8-16 Possession of things for use in connection with administration/consumption/smoking dangerous drugs 82

8-17 Elements of offence 82

8-18 Offences involving possession of hypodermic syringes 82

8-19 Possessing suspected property 83

8-20 Reasonable suspicion 83

E. Producing dangerous drugs 83

8-21 Producing dangerous drugs 83

8-22 Publishing or possessing instructions for producing dangerous drugs 83

8-23 General comment 83

8-24 Definitions 84

8-25 Possession of instructions for producing dangerous drugs 85

8-26 Supplying or producing relevant substances or things for use in connection with producing dangerous drugs 85

F. Supplying dangerous drugs 85

8-27 Unlawful supply 85

8-28 Supplying dangerous drugs 85

8-29 Definitions 85

8-30 Supply 86

G. Other offences 87

8-31 Possession of property from drug offence 87

8-32 General comment 87

H. Occupier/manager permitting place to be used for commission of drug offences 87

8-33 Permitting use of place 87

8-34 Definition of place 87

8-35 Permit 87

8-36 Occupier—person concerned in management/control 88

I. Certificates and forfeiture 88

8-37 Certificates 88

8-38 Necessity for certificate 88

8-39 Forfeiture/restraining orders 89

Chapter 9—Motor vehicle offences 91

A. Overview 91

9-1 Introduction 91

B. Vehicle offences involving liquor or other drugs 91

9-2 Drink driving offences 91

9-3 Definitions 92

9-4 Defences 93

C. Unlicensed, disqualified and suspended driving 93

9-5 Unlicensed driving where the defendant is not under disqualification 93

9-6 Disqualified driving 93

9-7 Driving while suspended 93

9-8 Driving with accumulated demerit points 93

9-9 Mandatory disqualification periods 94

D. Dangerous operation of vehicle 94

9-10 Dangerous operation of vehicle 94

E. Driving without due care and attention 94

9-11 Driving without due care and attention 94

F. Restricted (provisional) licence 94

9-12 Who may apply for a provisional licence? 94

9-13 Who may not apply for a provisional licence? 94

9-14 What factors will satisfy the court? 95

9-15 How does a person apply for a restricted licence? 95

9-16 What evidence is required at the hearing? 95

G. Removing absolute disqualification under section 131 95

9-17 Who may apply? 95

9-18 When can a person apply? 95

9-19 Where should they file? 95

Chapter 10—Miscellaneous 97

A. Regulatory Offences Act 1985 (Qld) 97

10-1 Regulatory offence 97

10-2 New offences created 97

10-3 Unauthorised dealing with shop goods 97

10-4 Exclusion of general criminal law defences 98

10-5 Effect of exclusion of general criminal law defences 98

10-6 Leaving restaurant, hotel etc. without payment 98

10-7 When a person will be charged under s 6 99

10-8 Defences 99

10-9 Unauthorised damage to property 99

10-10 Effect of this section 99

10-11 Further power to fine 99

10-12 Regulatory offences to be heard summarily 99

10-13 Effect of conviction for regulatory offence 99

10-14 Penalties 100

B. Weapons Act 1990 (Qld) 100

10-15 Criminal Law Duty Lawyer Handbook not a complete guide 100

10-16 Weapons Act 100

10-17 Offences 101

10-18 Criminal Code to be read and construed with the Weapons Act 104

10-19 Summary proceedings 104

10-20 Time for commencement of proceedings 104

10-21 Disqualification by a court 104

10-22 Schedule of weapons 104

C. Invasion of Privacy Act 1971 (Qld) 107

10-23 Introduction 107

10-24 Entering a dwelling house without consent 108

10-25 Entering a dwelling house by force or other means 108

10-26 Defences 108

10-27 A person without lawful excuse in a dwelling house or yard 108

10-28 Definitions 108

10-29 Method of proceeding under this Act 108

10-30 Invasion of Privacy Act provisions in addition to the Criminal Code 109

D. Summary Offences Act 2005 (Qld) 109

10-31 Summary offences duty lawyers will likely face 109

10-32 Penalties 109

10-33 Possession of implement 110

E. Police Powers and Responsibilities Act 2000 (Qld) 112

10-34 Purposes of the Police Powers and Responsibilities Act 112

10-35 Summary of police powers under the PPRA 113

F. Breach of probation/community service 118

10-36 Specific offences 118

10-37 Institution of proceedings 118

10-38 Appropriate court to deal with breach 118

10-39 Procedure on issue of warrant 118

10-40 Penalty for breach of community-based orders 118

10-41 Consulting with prosecuting corrections officer 119

10-42 Taking full instructions on the breach and original offence 119

10-43 Legal assistance for breaches of probation/community service 119

G. Corrective Services Act 2006 (Qld) 119

10-44 Introduction 119

10-45 Unlawful assembly, riot and mutiny 119

10-46 Summary jurisdiction 120

H. Disclosure of criminal convictions—Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld) 123

10-47 Introduction 123

10-48 Application of the Act 123

10-49 Non-disclosure of convictions once rehabilitation period expires 123

10-50 Lawful to deny certain convictions 123

10-51 Exception to the non-disclosure provisions for certain professions or occupations 123

I. Restrictions on publication and attendance at court 124

10-52 Publication of names 124

10-53 Bail applications 124

10-54 General provisions 124

10-55 Sexual offences—Criminal Law (Sexual Offences) Act 1978 (Qld) 124

10-56 Childrens court proceedings 124

J. Domestic violence orders 125

10-57 What is domestic violence and when can a court make an order? 125

10-58 Relevant relationships 125

10-59 Court may include name of relative or associate 126

10-60 Protection orders to include standard conditions 126

10-61 Court may make a temporary protection order 126

10-62 Court may make domestic violence order 126

10-63 Weapons Act 126

10-64 Registration of interstate order 127

10-65 Police protection notice 127

10-66 Closed court 127

10-67 Prohibition on publication of certain information 127

10-68 Police investigatory function 128

10-69 When police officer may apply for temporary protection order 128

10-70 Power to take a person into custody 128

10-71 Breaching an order 128

10-72 Plea of not guilty 129

10-73 Plea of guilty 129

10-74 Summary prosecution 129

10-75 Arrest of certain offenders 129

K. Prostitution 130

10-76 Introduction 130

10-77 Summary proceedings 130

10-78 Definitions under the Criminal Code 130

10-79 Offences under the Criminal Code 130

10-80 Prostitution Act offences 132

10-81 Advertising prostitution 134

L. Casino offences—Casino Control Act 1982 (Qld) 134

10-82 Excluded people 134

10-83 Cheating 135

10-84 Proceedings for offences 135

Chapter 11—Youth justice 137

A. Introduction to youth justice in Queensland 137

11-1 The principles of the Childrens Court Act 1992 (Qld) and the Youth Justice Act 137

11-2 Principles of youth justice 138

11-3 The childrens court 139

11-4 Youth Justice Act to apply to children in all courts 140

11-5 Who may be present at court? 140

11-6 Who is a child? 141

11-7 Publication of identifying material 142

11-8 Dealing with children 143

11-9 Dealing with Aboriginal children 144

11-10 Criminal responsibility—doli incapax 144

B. Prior to commencing proceedings 145

11-11 Police questioning 145

11-12 Identifying particulars when child is not arrested 145

11-13 Admissibility of statements or identifying particulars 146

11-14 The support person 146

11-15 Diversions—pre-court proceedings and as a sentence option 147

11-16 Taking no action 147

11-17 Cautioning 147

11-18 Administering cautions 148

11-19 Applications to dismiss a charge where a caution should have been administered 148

11-20 Youth justice conferences 148

11-21 Drug diversion 149

C. Starting a proceeding 149

11-22 Starting a proceeding 149

11-23 Notice to appear 149

11-24 Complaint and summons 150

11-25 Simple offences 150

11-26 Arrest 150

D. Bail 151

11-27 Arrested child 151

11-28 Court bail 152

11-29 ‘Show cause’ 152

11-30 Breach of bail 152

11-31 Bail programs 152

11-32 Bail applications to the Childrens Court of Queensland and Supreme Court 153

11-33 Remand in custody 153

E. After proceedings have commenced 153

11-34 Right of election—which court? 153

11-35 Mental Health Act 2000 (Qld) 156

11-36 Pre-sentence reports 157

F. Sentencing 158

11-37 Sentencing scheme 158

11-38 Sentence orders 159

11-39 Reprimand (s 175(1)(a)) 159

11-40 Good behaviour order (ss 175(1)(b), 188, 189) 159

11-41 Fines (ss 175(1)(c), 190–192) 159

11-42 Probation (ss 175(1)(d), 193–194) 160

11-43 Graffiti removal orders (ss 176A and 194A–194L) 161

11-44 Community service orders (ss 175(1)(e), 195–202) 161

11-45 Intensive supervision orders (s 175(1)(f) and division 9, ss 203–206) 162

11-46 Conditional release orders (s 175(3), s 221) 163

11-47 Boot camp orders (ss 175(3)(b) and 226A–226D) 163

11-48 Mandatory Boot camp orders (ss 175(3)(b), 206A and 206B) 164

11-49 Detention (s 175(1)(g), s 176) 164

11-50 Remand time to be treated as detention on sentence 164

11-51 Combination of orders 165

11-52 Restitution and compensation 165

11-53 Recording convictions 165

11-54 Criminal history 166

11-55 Variation and contraventions of orders 166

11-56 Breach of a good behaviour order 166

11-57 Commencing proceedings for breach of community-based orders 167

11-58 General options available to magistrate on the breach application 167

11-59 Breach by re-offending 167

11-60 A court’s power to act on breaches of probation, community service and intensive supervision order 167

11-61 A court’s power to act on breach of conditional release order and supervised release orders 168

G. Variation of community-based orders 169

11-62 Variation in the interests of justice 169

11-63 Variation by consent 169

H. Miscellaneous court powers 169

11-64 Delegation of sentencing power 169

11-65 Reference of case to a childrens court judge for sentence 170

11-66 Correction of errors—childrens court magistrate 170

11-67 Court may order identifying particulars taken in addition to sentence 170

11-68 Orders under the Transport Operations (Road Use Management) Act 1995 (Qld) 171

11-69 Orders against parents 171

11-70 Transfers from detention centre to prison 171

I. Appeals and sentence reviews 171

11-71 Appeals 171

J. The Department of Justice and Attorney-General (Youth Justice Services) 172

11-72 Responsibility of the Department of Justice and Attorney-General (Youth Justice Services) 172

11-73 Role of the Department of Justice and Attorney-General (Youth Justice Services) at court 172

11-74 The departmental officer at court as prosecutor 173

11-75 Bail programs 173

11-76 Other programs available 174

K. Legal aid 174

11-77 Legal aid for children 174

Appendix A—Table of court sentence options 175

Chapter 12—Conduct of pleas of guilty 177

A. No diminished duty 177

12-1 No diminished duty 177

B. Familiarity with legislation 177

12-2 Familiarity with legislation 177

C. Deciding whether an offence can be dealt with summarily 178

12-3 Deciding whether an offence can be dealt with summarily 178

D. Explaining court procedures 178

12-4 Explaining court procedures 178

E. Ensuring indictable offences proceeding summarily and simple offences are dealt with at appropriate time 178

12-5 Ensuring indictable offences proceeding summarily and simple offences are dealt with at appropriate time 178

F. Fines—time to pay 179

12-6 Fines—time to pay 179

12-7 Offender levies imposed under s 179C 180

G. Multiple charges—defended and undefended 180

12-8 Multiple charges—defended and undefended 180

H. Appearing for co-accused 180

12-9 Appearing for co-accused 180

I. Ensuring instructions fit the charge 180

12-10 Ensuring instructions fit the charge 180

12-11 Changing plea from not guilty to guilty 181

J. Previous convictions 181

12-12 Previous convictions 181

K. No duty to disclose previous convictions 181

12-13 No duty to disclose previous convictions 181

L. When adjournment may be advisable 181

12-14 When adjournment may be advisable 181

M. Explaining effect of conviction 182

12-15 Explaining effect of conviction 182

12-16 Effects of conviction on applicants and employees 182

N. Explaining options for court on sentencing 182

12-17 Explaining options for court on sentencing 182

12-18 Restitution 182

O. Obtaining full instructions 183

12-19 Obtaining full instructions 183

P. Facts on sentence 183

12-20 Facts on sentence 183

Q. Penalties and Sentences Act sentencing guidelines 183

12-21 Penalties and Sentences Act sentencing guidelines 183

R. Being as concise as possible 183

12-22 Being as concise as possible 183

S. Suggesting available options 183

12-23 Suggesting available options 183

12-24 Drivers licence disqualification as additional punishment 184

T. Procedures after court 184

12-25 Procedures after court 184

Chapter 13—Sentencing options 186

A. Sentencing options and relevant legislation 186

13-1 Overview 186

B. Discharge 187

13-2 Where a court may discharge 187

C. Orders under s 190 of the Penalties and Sentences Act 187

13-3 Section 190 orders 187

D. Good behaviour bonds, including drug diversion 187

13-4 Types of bonds 187

13-5 Bonds under s 19 187

13-6 Bonds for property-related offences 188

13-7 Bonds under ss 30, 31 and 32 188

E. Fines 189

13-8 How fines can be imposed 189

13-9 Amount of fine 189

13-10 Time to pay 189

13-11 Default of payment 189

F. Fine option orders 190

13-12 When a court may make a fine option order 190

G. Community service orders 191

13-13 When a court may make a community service order 191

H. Probation 192

13-14 When a court may order probation 192

13-15 Programs on probation 193

13-16 Offices 193

I. Intensive correction orders 194

13-17 When a court may impose an intensive correction order 194

J. Imprisonment 195

13-18 When a court may order imprisonment 195

13-19 Concurrent versus cumulative sentences 195

13-20 Wholly or partially suspended sentences 195

13-21 Pre-sentence custody 196

13-22 Parole 196

K. Other orders 199

13-23 Restitution and compensation 199

13-24 Non-contact orders 199

13-25 Banning orders under Part 3B of the Penalties and Sentences Act 199

L. Drug Court 200

13-26 Eligibility and referral 200

Appendix A
Sentencing principles—Penalties and Sentences Act 201

Chapter 14—Mental health and capacity 208

A. Introduction 208

14-1 Situations facing lawyers 208

14-2 What is a mental illness? 208

14-3 What is an intellectual disability? 208

14-4 What is a cognitive impairment? 209

B. Obtaining instructions 209

14-5 Advice on obtaining instructions 209

14-6 Considerations when assessing defendants’ capacity to provide instructions 209

14-7 Applying the Presser test 210

14-8 Defence of unsoundness of mind, partial defence of diminished responsibility and fitness for trial 211

C. Representing clients with capacity issues in the magistrates court 212

14-9 Representing clients with capacity issues in the magistrates court 212

D. The Mental Health Court 213

14-10 Mental Health Court 213

14-11 Unsoundness of mind 213

14-12 Fitness for trial 213

14-13 Diminished responsibility 214

E. Defendants charged with an offence who are on an involuntary treatment order or a forensic order 214

14-14 If a defendant is on an involuntary treatment order or forensic order 214

F. Defendants charged with an offence who are not subject to an involuntary treatment order or a forensic order 215

14-15 If a defendant is not on an involuntary treatment order or forensic order 215

G. Outcomes in the Mental Health Court 215

14-16 Unsound mind or not of unsound mind but permanently unfit for trial 215

14-17 Unsound mind or not of unsound mind but permanently unfit for trial 215

14-18 Not of unsound mind and temporarily unfit for trial 216

14-19 Diminished responsibility 216

14-20 Dispute of fact 216

14-21 Right to argue defence and right to trial 216

H. After a finding of unsound mind or unfit for trial 216

14-22 Neither of unsound mind nor permanently unfit for trial 216

14-23 Of unsound mind or permanently unfit for trial 217

I. The Mental Health Review Tribunal 217

14-24 Consequences of findings of the MHRT 217

J. General matters, classified patients and Commonwealth offences 217

14-25 Issues of mental illness or natural mental infirmity 217

14-26 Classified patients 218

14-27 Becoming a classified patient 218

14-28 Ceasing to be a classified patient 219

14-29 When classified patient status ceases 220

14-30 Applying for bail for a classified patient 221

14-31 Commonwealth offences 221

Chapter 15—Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) 223

A. Introduction 223

15-1 Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) 223

15-2 Applications under the Dangerous Prisoners (Sexual Offenders) Act 223

15-3 Types of orders under the Dangerous Prisoners (Sexual Offenders) Act 223

15-4 Contravention proceedings 224

15-5 Contravention charges 224

B. The duty lawyer’s role 225

15-6 When the Act impacts on a duty lawyer session 225

15-7 When a client, subject to an order, faces fresh offences before the magistrates court 225

15-8 When a client is charged with a contravention offence under s 43AA 225

C. Availability of legal aid funding 225

15-9 When a client is eligible for legal aid funding 225

Statutes 226

Case citations 265

Resources 268