Clarity Law

Regardless of how serious or minor your charge before the Court is, it is always recommended that you obtain an experienced lawyer to represent you in Court. Whilst the punishment is always decided by the Court a lawyer can influence the Court’s decision on what penalty is handed down to you.

Often our client’s livelihood depends on minimising any penalty imposed by the court.

Here are 10 reasons why you should engage us;

There are numerous ways a Centrelink charge can occur such as dishonestly under reporting your income or spousal status, not ceasing payments for children or someone who is no longer under your care, claiming benefits under multiple names etc. Centrelink fraud is a Commonwealth charge and is an extremely serious, more often than not resulting in a jail sentence.

If Centrelink believes you are frequently claiming benefits they will launch in internal investigation. You will likely then be contacted by Centrelink and asked to participate in an interview with them. We strongly recommend to all clients and potential clients that they decline to participate in an interview until they have sought legal advice. From there Centrelink will decide whether to forward their findings onto the Commonwealth Director of Public Prosecutions who has the power to charge a person.

Once a charge has been made we can request the charge documents and comparative sentences from the Director of Public Prosecutions and go over them with you. These documents will show the exact dates and amount/s of money which have allegedly been fraudulently claimed. The comparative sentences provided will be cases similar to the amount of money and circumstances surrounding your charge/s.

The penalties vary according to the severity of the offending, the amount of money involved and the person’s criminal history.  For very minor charges the court might impose a good behaviour bond or community service.

If the amount of the fraud exceeds $10,000 or the person has previous similar offending then the Court will be looking to impose a term of imprisonment.

In our experience, should the amount be under $25,000 then the Courts would generally impose a jail sentence of 12 months per offence and with the right submissions would generally allow the person to remain in the community under an intensive correction order (“ICO”) instead of jail. If the court imposed an ICO it would mean the person would not have to serve any time in jail but would be supervised by Queensland Corrective Services and subject to the requirement to;

1. report regularly to a supervising officer or receive visits from them
2. not leave Queensland without permission
3. may be required to attend courses or treatment
4. advise on any change of address
5. undertake up to 12 hours of community service each week

If the amount of the fraud exceeds $25,000 then the risk of a term of actual imprisonment is extremely high.  A conviction will be recorded unless the only penalty is a good behaviour bond and this is generally only done in very minor cases.

We have undertaken Centrelink fraud cases throughout Queensland and know exactly what submissions to make to achieve the best outcome for a client.  The things that may help minimise any penalty include;

• entering an early guilty plea
• putting appropriate character references before the court
• putting appropriate precedent cases before the court
• entering into a repayment scheme to repay the Centrelink debt.

It is extremely unlikely that you would be granted to not have a conviction recorded against you for a charge of this nature.

Here at Clarity Law we represent Centrelink fraud charges in Courts across South East Queensland every day, it is this experience, and our expertise that allows us to get the absolute best result for clients.  Other law firms simply don’t have the experience that we do and don’t know the process and the Magistrates like we do.  We also offer the most competitive prices in Queensland that are all fixed fee so there are no nasty surprises when you receive your invoice. 

If you want to engage us or just need further information or advice then you can call 1300 952 255 7am – 7pm seven days 

 Disclaimer – this article contains general advice only and is not intended to be a substitute for legal advice.  Its represents information about the law in Queensland and since publishing the law or the interpretation of that law may have changed.

Bail is a critically important component of the legal system in Queensland. It allow people charged with an offence to remain in the community while their matters progress through the courts. An important component of bail in the conditions that are placed on a defendant.

In this article we will look first at what bail is and how it operates and then we will dive into what conditions can be placed on a defendant’s bail and what happens if they breach that.

What is bail?

Bail is an undertaking or promise that if released from custody you will appear in court on the next occasion and follow all the conditions the court or police specify.

When you are charged with an offence you will be, depending on the charge, placed on bail until your court date. This means you are released on the condition that you will appear in court at the specified time and date, to answer the charge(s). In this sense, bail is like a promise or a contract to come to the court and deal with your charge.

When might I not need to get bail?

For less serious charges like drink driving or drug driving you may get a notice to appear in court rather than bail.

Who can grant bail?

In Queensland, Australia, bail can be granted by various authorities depending on the specific circumstances of the case. These authorities include:

1. Police: In many cases, the police have the authority to grant bail. This is often done for less serious offences or when the accused is not considered a flight risk or a danger to the community.

2. Magistrates: Magistrates have the authority to grant bail for most offences. They hold bail hearings and consider factors such as the seriousness of the offence, the accused's criminal history, ties to the community, and the likelihood of them appearing in court.

3. Supreme Court Judges: In more serious cases or when bail has been denied at the Magistrates Court level, the accused may apply for bail in the Supreme Court.

What happens if I don’t get bail?

If you aren’t granted bail you will remain in jail until your charges are finalised.

Can the bail conditions be changed?

Yes, but in most cases you need to go back to the court to do this.

When I appear in court what happens to my bail?

In circumstances where you appear in court on your initial court date and adjourn your matter you can apply to have Magistrate grant you further bail or what is known as being granted bail on your own undertaking. In this circumstance you will be required to sign a bail undertaking document which will be prepared by the court once the Magistrate has set the terms of your bail and allocated your next court date. You will be provided with a copy of the bail undertaking for your records.

On subsequent court appearances for those charges you can seek to have the bail continue.  This is known as enlarging the bail.

Do I need to pay money to get bail?

It is rare that in Queensland someone would have to put up cash or other assets as surety. It would generally only be in very serious matters.

Other people, for instance, family members can offer surety to the courts. That person can only provide the surety if they:

• are 18 or older
• haven’t been convicted of an indictable offence
• aren’t insolvent
• have decision-making capacity
• aren’t an involuntary patient under the Mental Health Act 2016 who is detained or likely to be detained in an authorised mental health service
• aren’t a forensic disability client under the Forensic Disability Act 2011
• aren’t a person for whom a guardian or administrator has been appointed under the Guardianship and Administration Act 2000
• have not been, and are not likely to be charged with an offence
• have money or property equal to or more than the bail amount.

What does the court consider in deciding whether to grant bail or not?

There is a presumption that everyone should get bail. If however someone is in a show cause position or the charges are very serious the court needs to determine if bail is appropriate.

The court under section 16 of the Bail Act (Qld) must refuse bail if any of the following exist:

1. Risk of Flight: If there is a substantial risk that the accused will not appear in court for their trial.

2. Risk to the Community: If the court believes that releasing the accused would pose a danger to the community, for example, if the accused is charged with a violent crime.

3. Risk of Interference with Witnesses or Evidence: If there is a substantial risk that the accused will interfere with witnesses or evidence in the case.

4. Previous Failure to Appear: If the accused has a history of not showing up for court appearances.

5. Seriousness of the Offence: For more serious offences, especially those carrying significant penalties, the court may be more inclined to refuse bail.

6. Criminal History: If the accused has a history of previous offences, especially if they have breached bail conditions in the past.

7. Potential for Further Offences: If there is a likelihood that the accused, if released on bail, would commit further offences.

What terms do I have to comply with on bail?

Generally the only bail condition is that you must appear in court on your court date and not commit any offences.

For more serious charges you may have other terms included in your bail. This means along with agreeing to appear in court at the allocated time and date you may also have to do things such as:

Report to a specific police station

This is known as a reporting condition. It requires the person on bail to report to a nominated police station to sign in on a daily or weekly basis. The process is generally quick and, in some cases, if the station is small then the police allow to report by being seen on one of the cameras. The difficulty often arises where the station is not open 24 hours and for whatever reason someone tries to report after hours say for example if they finish late and cant make the police station before it closes.

Be issued with a curfew in which you must be home within the specified hours

This condition requires a person not to leave their residence during certain hours. The police can do spot checks to make sure the person is home.

To reside at a certain location

This condition mandates a person must live at a certain address. Often before ordering this condition the police would have done a search of who else lives at the location.

Not leave Queensland

This is fairly obvious, the requirement does not allow someone to leave the state.

Not to contact or associate with certain people including witnesses

The court may prevent someone from contacting certain people including co-accused or witnesses. It is done to ensure that pressure is not put on someone to withdraw a statement.

What other conditions could the court require on bail?

The law provides that any conditions shall not be more onerous for the person than those that in the opinion of the court or police officer are necessary having regard to:

• the nature of the offence,
• the circumstances of the defendant; and
• the public interest

The Bail Act 1980 (Qld) provides the Magistrate with very broad powers to impose special conditions, as the Magistrate sees fit, provided the Magistrate considers the imposition of the special condition or conditions is or are necessary to secure the defendant’s future appearance, and to ensure the defendant, whilst on bail, does not commit an offence, endanger the safety or welfare of members of the public or interfere with witnesses or otherwise obstruct the course of justice

The court can decide to add extra conditions to a person’s bail other than the standard terms. Some of the those might include:

Surrendering a passport

This condition is generally used where the accused does not live permanently in Australia or has a foreign passport. It is done to ensure the accused remains in Queensland until the charges are dealt with.

Not to attend a licenced premises or event where alcohol is sold

Where the accused charge involved alcohol the court might prevent that person from attending licenced premises or somewhere that alcohol is sold. This would generally occur where the accused has a long standing alcohol issue that has been a part of previous offending.

Wear an electronic monitor device

This is generally done for people charged with serious domestic violence offences. It consists of a device attached to someone ankle which transmits its location back to a 24-hour monitoring centre.

What happens if I don’t appear in court?

Should you not appear in court the Magistrate will take that you have breached bail. In this instance the Magistrate may place a warrant out for your arrest. This warrant will be forwarded to the Police who will then in turn seek to arrest you to bring you before the Magistrate. They do this by attending your home, place of employment, or if you are pulled over in your vehicle you may be taken in from there.

What happens if I breach my bail?

Breaching specific bail conditions is very serious and will almost certainly result in a further charge being issued against you and the possibility of the bail being revoked.

In circumstances where you believe you have a legitimate reason for having breached bail you will still need to follow the same protocol of having breached your bail and explain your circumstances and reasons to the Magistrate.

If for some reason you miss your initial court date and believe a warrant has been issued for your arrest you need to surrender yourself. It is best to do this first thing in the morning as, if you attend late in the afternoon, you may be kept in the watchhouse overnight until they police and court can process you and allocate you a new court date.  There is of course the risk that the police could arrest you if you wait and take you to the watchhouse overnight anyway.

You surrender yourself by appearing at the registry of the court you were allocated to attend. There you advise them that you missed your court date and need to surrender yourself. As both the court house and the police are involved in the process it can be a lengthy period, taking on average 1-2 hours.

Breaching bail can have serious consequences on the outcome of your matter, when it is eventually heard by the Magistrate. Courts may certainly treat you more favourably if you surrender yourself to police voluntarily.

If you know you cannot make your court date, even if it is due to what you believe to be a legitimate reason, you should engage a Lawyer to appear on your behalf. We understand that medical and other emergencies happen at the last minute and we can arrange someone to appear on your behalf on extremely short notice, even the morning of your court appearance.

If you have breached bail or your bail conditions or believe that you will be unable to attend an upcoming court date contact our office to discuss options available to you. 

My Lawyer said I don’t need to go to court but my bail said I have to

The Bail Act allows a lawyer to appear on your behalf unless the court has said you must appear in person. Always keep in touch with your lawyer and they will tell you if you need to appear in court or not.

Summary

• Bail is a crucial part of Queensland's legal system, allowing individuals charged with an offence to stay in the community while their case progresses through the courts.

• It entails a promise to appear in court as specified by the court or police, along with compliance with specified conditions.

• Bail may not be required for less serious charges like drink or drug driving, where a notice to appear in court may be issued instead.

• Various authorities, including police, Magistrates, and Supreme Court judges in serious cases, can grant bail in Queensland.

• If bail is denied, the accused will remain in custody until their charges are resolved.

• Bail conditions can be altered, but usually require a return to court for such changes.

• The primary bail condition is to appear in court on the designated date; additional conditions may be imposed for more serious charges.

• The court considers factors such as flight risk, risk to the community, interference with witnesses or evidence, previous failures to appear, seriousness of the offence, criminal history, and potential for further offences in determining whether to grant bail.

• The court may impose additional conditions, including surrendering a passport, not attending venues where alcohol is sold, or wearing an electronic monitoring device.

• Breaching bail conditions can lead to further charges and possible revocation of bail.

• Engaging a lawyer will allow you to get the best bail terms and conditions so that the risk of breaching bail is reduced.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to select a time for us to have a free 15 minute telephone conference with you

4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Other articles that may be of interest

• Your right to silence

• Negotiating with a Prosecutor in Queensland

• Court character references

• The difference between a conviction and non-conviction

• Declining a police interview

• Why You Should Never Represent Yourself in Court

• Mitigation: How the court sets a sentence in Queensland

• What is an arrest warrant?

• What do I do when I have missed my court date!

• Do you have to give the police access to your phone?

• Contravene direction or requirement

• Should I hire a Criminal Defence Lawyer?

• Police questioning and your right to silence in Queensland

• Drink Driving

If you are suspected of being involved in a criminal offence in Queensland the Police may request that you participate in a record of interview or provide them with a statement. This article is for who have been asked by police to participate in an interview or give a statement and want to know should I talk to the police or should I give the police a statement?

The police want to talk to me about offence that has allegedly occurred

The police can request your full name, address, date of birth and identification however you are not required to take part in an interview or provide a statement.

It is an offence to provide incorrect personal details to the Police or to resist arrest. If you do either of these things when you are being arrested or charged, you may end up with more charges.  

You have every right to refuse to provide information to the police about an alleged offence. We urge all clients to not to take part in a record of interview until all facts and circumstances are known and you have had legal advice.

There is often little benefit to you sitting down for a police interview or providing a statement. Doing so often only benefits the Police. This is due to the fact that, as the saying goes, anything you say can and will be used against you in a court of law.   

See our article on Police questioning and your right to silence in Queensland

Why do the police want me to give a statement?

The Police are likely to be looking into charging you when they request you to provide a statement or interview. You could accidently admit guilt or provide them with evidence they need in order to make the decision to proceed with charging you.

The Police may even try and trick you into providing information. If you have admitted to a crime or certain facts it restricts our ability to defend you at our full potential or negotiate with the prosecutor in regards to the charges.

It should be noted that the Police may be recording you with recording devices when you are talking to them. This could be at the Police Station, roadside or at your residence. Further, when you are dealing with the Police you should try to remain as calm as possible. Getting angry and acting uncooperatively will be recorded in your charge documents and could be read out by the Police Prosecutions, in Court to the Magistrate if you are charged. Obviously, this is not going to assist you in obtaining the best result possible. Always act as polite and respectable as possible when dealing with the Police. If you are difficult or abusive the process will be much longer and more painful for you.

I’ve done nothing wrong so I should talk to the police otherwise I look guilty

Even when you do not believe you have done anything wrong and have nothing to hide you should still decline the police requests for an interview until you have obtained legal advice. Things can get misconstrued in an interview and by talking to the police it may expand their investigation.

Your words may be twisted, used against you and influence the Police’s decision to charge you. Once a statement or record of interview has been done it cannot be retracted.  Please also remember that there is no such thing as an ‘off the record’ discussion with the Police.

The Police will know that anyone who has sought legal advice will likely decline an interview.  The best way to deal with any legal charge is to obtain a Lawyer and seek assistance as soon as you are charged.

But why don’t I just explain what happened they might not charge me if I talk to them?

The disadvantages of giving a statement might include:

• It may be that the police will be unable to prove their case against you without some facts being conceded at the interview. There is a very real risk that by participating in an interview with the investigating police you will be providing evidence to the prosecution that they may otherwise not be able to get.

• Admissions to things that seem small or insignificant to you such as where you stayed on a particular night, whether you visited a particular place or whether you were with a particular person all assist the police to further their inquiries in building a case against you where there may not otherwise be any evidence.

• The police may "bluff" you into admissions or creating a false story which is later proved to be false.

• You are likely to be in a stressed state, may not have had much sleep, may be intoxicated or hung-over and generally not in a good state to participate in an interview with police.

Remember it is always possible to give an oral or written statement on another day.

What should I do if the police want me to give an interview?

First it critical to tell the police you want to talk to a lawyer first.

Otherwise, you should politely but firmly state you will not be giving any information or a statement.

Summary of why you should decline a police interview

1. Preservation of Rights: Providing a statement may waive certain rights

2. Possibility of Self-Incrimination: Speaking to the police without legal representation can potentially lead to unintentional self-incrimination or saying something that may be used against you later.

3. Misinterpretation or Miscommunication: Your words may be taken out of context or misinterpreted, leading to a misunderstanding of your intended meaning.

4. Lack of Legal Expertise: Most people are not legal experts and may not fully understand the legal implications of their statements, potentially providing information that is not in their best interest.

5. Pressure or Coercion: In some situations, individuals may feel pressured or coerced by police to provide a statement, which can lead to inaccurate or misleading information.

6. Incomplete Information: You may not have all the necessary information to provide an accurate statement, potentially leading to inaccuracies or inconsistencies.

7. Time to Gather Information: It may be beneficial to take some time to consult with an lawyer or gather all relevant information before providing a statement.

8. Avoiding Unintended Consequences: Making a statement without proper legal advice may lead to unintended consequences that could impact your case or legal standing.

9. Protection of Privacy: Providing a statement may divulge personal information or details that you would prefer to keep private.

10. Potential for Future Legal Proceedings: Anything you say to the police may be used in court, potentially affecting your defence strategy down the line.

11. Emotional State: In moments of stress, fear, or anxiety, it may be difficult to think clearly and provide an accurate statement.

So should I talk to the police?

No you should not talk to the police unless you have had legal advice tot take part in a police interview and 99 times out a 100 a lawyer will tell you not to give the police a statement.  Remember you have a right to silence and you should use it.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to select a time for us to have a free 15 minute telephone conference with you

4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Other articles that may be of interest

• Your right to silence
• Negotiating with a Prosecutor in Queensland
• Court character references
• The difference between a conviction and non-conviction
• Declining a police interview

• Why You Should Never Represent Yourself in Court
• Mitigation: How the court sets a sentence in Queensland
• What is an arrest warrant?
• What do I do when I have missed my court date!
• Do you have to give the police access to your phone?
• Contravene direction or requirement
• Should I hire a Criminal Defence Lawyer?
• Police questioning and your right to silence in Queensland

• Drink Driving Lawyers Brisbane
• Drink Driving Lawyers Gold Coast
• Drink Driving Lawyers Sunshine Coast

Disclaimer: This article is written for guidance only and does not take into account your individual circumstances and is not intended to replace independent legal advice.