Public order offences in Queensland

The offences you are most likely to be charged with

Trespass, and the lawful excuse question

Section 11 makes it an offence to unlawfully enter or remain in a dwelling or a yard for a dwelling, or a place used for a business purpose, without a reasonable excuse. The penalty is higher for a dwelling than for business premises.

The defence is usually consent or reasonable excuse. Being asked to leave and not leaving quickly enough is the most common fact pattern, and the timing matters. A licence to be on premises can be withdrawn, but you must be given a reasonable opportunity to leave before you are trespassing.

Trespass sits directly below burglary. Where police cannot prove you intended to commit an indictable offence inside, a section 419 charge should be reduced to trespass, and that is worth negotiating for.

Move on directions and where they go wrong

Chapter 2 Part 5 of the Police Powers and Responsibilities Act 2000 (Qld) allows police to direct a person to leave a public place and not return for up to 24 hours. Failing to comply is an offence under section 791, carrying up to 40 penalty units.

The direction must be lawful to begin with. Under sections 44 to 48, an officer must reasonably suspect the behaviour is or is likely to be causing anxiety to a reasonable person, interfering with trade or business, disorderly, indecent, threatening or disrupting the peaceable and orderly conduct of an event. The officer must also tell you why the direction is being given, and give you a reasonable opportunity to comply.

A very large number of section 791 charges fail because the direction was never properly explained or was given for a reason not covered by the Act. Body worn camera footage will show it either way.

How these matters should be run

Almost all of these are simple offences with a one year limitation period under section 52 of the Justices Act 1886 (Qld) and are heard in a Magistrates Court.

The practical goals, in order, are: get the charge withdrawn where an element is missing, get it dealt with without a conviction being recorded under section 12 of the Penalties and Sentences Act 1992 (Qld), and keep the fine proportionate. A single public order conviction can be enough to derail a blue card application, a security licence or a working holiday visa, which is why treating it as trivial is a mistake.

If several charges arose from the same incident, they should be dealt with together. Pleading to one at an early mention while contesting another usually produces a worse outcome than dealing with the lot at once.