Criminal Code Act 1899 – 9 December 2016
Criminal Code Act 1899 – 9 December 2016
Criminal Code (Animal Valuers) Regulation 2014 – 1 July 2016
Criminal Code (Criminal Organisations) Regulation 2013 – 11 November 2016
Quick to view summary
The Criminal Code set out in Schedule 1 is established. From the age of 10 years, a person is liable to punishment for certain acts or omissions, including attempts to do an act. Punishment is also for persons who aid, counsel or procure another to do certain acts or omissions. Ignorance of the law is generally no excuse. Accidents and unforeseen events however are generally an excuse. Intoxication may be taken into account but is not an excuse.
- Sections 2, 5, Schedule 1, Schedule 1 sections 2, 3, 4, 7, 22, 23, 28, 29, 144, 535, 539
A person cannot be punished twice for the same offence except for murder and offences with sentences of 25 years imprisonment. People may know this as the double jeopardy rule.
- Schedule 1 sections 16, 678, 678A, 678B, 678C
A person may take reasonable action to protect persons and property from threatened violence.
- Schedule 1 section 31
A person must not intentionally disturb or interrupt Parliament.
- Schedule 1 section 56
A person must not carry arms in public without lawful occasion.
- Schedule 1 section 69
An election notice must state the name and address of the person who authorised the notice.
- Schedule 1 section 104
A person must not behave indecently in public (this rule would cover public nudity).
- Schedule 1 section 227
A person must not unlawfully kill or cause serious injury or prolonged suffering to an animal (with the intention of inflicting severe pain or suffering).
- Schedule 1 section 242
A parent is entitled to discipline their child.
- Schedule 1 section 280
Persons in charge of children or the elderly are to provide the necessaries of life. Children under 12 are not to be left unattended.
- Schedule 1 sections 285, 286, 324, 326, 364, 364A
A person must not operate a vehicle dangerously.
- Schedule 1 section 328A
An unseaworthy ship must not be taken to sea.
- Schedule 1 section 330
A person may only marry one other person.
- Schedule 1 section 360
Dishonesty in dealings can amount to fraud.
- Schedule 1 sections 408C, 427A, 430
A person must not receive stolen property.
- Schedule 1 section 433
A person must not unlawfully use an animal that is stock without the consent of the person entitled to possession of the animal.
- Schedule 1 section 445
The Prosecution is obliged to disclose to the accused the evidence it intends to rely on and all things that would tend to help the accused person’s case. The Prosecution must also disclose a copy of the bench charge sheet, complaint or indictment containing the charge and other documents including witness statements. An accused is to provide advance notice of expert evidence.
- Schedule 1 sections 590AB, 590AH, 590AI, 590AJ, 590AK, 590AL, 590AM, 590AN, 590AO, 590B, 590C, 705, 706
Notice of particulars of an alibi must be given to the Director of Public Prosecutions within 14 days of committal for trial of an accused person.
- Schedule 1 section 590A
An accused person may be represented by their counsel (i.e. barrister or solicitor).
- Schedule 1 section 616, 619
The Attorney-General has a special power to appeal against a sentence within 1 month of the sentence.
- Schedule 1 sections 669A, 671
A person who is eligible may apply to the Government in the approved form to be an animal valuer for the purposes of the Criminal Code.
- Regulations 3, 4, 10, 11 of the Criminal Code (Animal Valuers) Regulation 2014
Reason for law
To declare, consolidate, and amend the Criminal Law. (Introduction to Act)
Crime and law enforcement publications [Crime and Corruption Commission]
Fraud publications [Crime and Corruption Commission]
Property crime publications [Crime and Corruption Commission]
Vulnerable victim publications [Crime and Corruption Commission]
Highlighted practice direction
2008/06 – Appearance of persons in custody – use of video link facilities | 2006/05 – Appearance of Persons in custody on video link facilities at the magistrates Court at Richlands | 2006/02 – Appearances of Detainees on video link facilities at Magistrates Courts at Maryborough and Hervey Bay | 2005/04 – Appearance of Detainees | 2005/03 – Appearance of Detainees
Section 5 should be updated to ensure no outdated UK criminal law applies to members of the public.
The section 44 offence of seditious intention may now be limited to the Government.
Sections 44, 45, 230, 398, 442A, 450EB, 450EC, 450I, 466, 641, 642, 647, 672A, 675 and 677 contain references to ‘Her Majesty’, ‘Crown’, ‘Her Majesty’s dominions’, ‘Her Majesty’s Principal Secretaries of State’ and ‘Royal mercy’ which may be replaced with a modern alternative.
The term of 2 years imprisonment for entering Parliament armed is probably not long enough. Section 56B may require amendment.
The heading of section 72 contains the word ‘affray’. This word is not commonly understood by members of the public.
A fine of $10 is probably not a deterrent for the purposes of section 207.
The section 225 heading should be stand-alone.
Section 279 contains the word ‘profit’, which may be reference to the term ‘profit-a-prendre’. This term is not commonly understood by members of the public.
The reference to a ‘British ship’ in section 330 should be replaced with ‘Australian ship’.
The bigamy seven year rule in section 360 may be shortened to allow members of society the benefit of the doubt to move forward in their lives after an absence.
Section 392 encourages trespass and the carrying of firearms. This section should be considered for repeal.
The heading of section 414 contains the word ‘menaces’ which can be replaced with the word ‘threats’ in line with the content of the section.
Section 448 may need an exception in relation to the owner of stock.
It is unprofessional for paragraph (a) to be missing from section 546.
Section 552B makes reference to section 77B. This section does not currently exist.
Section 561, 562, 563 and 695 contain the phrases ‘ex officio’ and ‘nolle prosequi’. These phrases are not commonly understood by members of the public.
Subsection 566(7) is not worded in the alternative contrary to gender equality.
View is defined in section 590AD to include listen to.
It is possible to amend section 594A to the effect that all responsible officers of a corporation are required to front court to present a plea.
An indictment will generally be prejudicial or embarrassing for the person concerned so perhaps section 596 could be reworded.
The section 597 heading that includes the word ‘misnomer’ could be amended as members of the public will not know what the heading is referring to prior to reading the section in its entirety.
Sections 598, 602 604, 605, 690 and 692 contain the following words and phrases: ‘demur’, ‘demurs’, ‘demurer’, autrefois acquit and autrefois convict. These words and phrases are not commonly understood by members of the public.
Section 617A does not value add.
Sections 598, 602 604 and 605 contains the following words and phrases: ‘demur’, ‘demurer’, autrefois acquit and autrefois convict. These words and phrases are not commonly understood by members of the public.
It is nearly comical wording to arrest a judgment. Refer to sections 649, 650 and 668C.
Section 683 contains the word ‘accoutrements’. This word is not commonly understood by members of the public.
There is provision in section 686 for a private individual to prosecute another individual for a serious criminal offence. Is this appropriate in modern day society?
Global Law Program
Suggested further reading
- Criminal Defences in Australia – 5th Edition (2016)
- Criminal Due Process and Chapter III of the Australian Constitution (2016)
- Addressing the Intentional Destruction of the Environment during Warfare under the Rome Statute of the International Criminal Court – 1st Edition (2015)
- DNA Evidence in the Australian Legal System (2015)
- The Appellate Jurisdiction of the Courts in Australia (2015)
- Queensland Criminal Law – 4th Edition (2015)
- Preventing Violence in Australia (2015)
- LexisNexis Annotated Acts: Carter’s Criminal Law of Queensland – 20th Edition (2014)
- Criminal Procedure in Australia (2014)
- Criminal Law in Queensland & Western Australia – 7th Edition (2014)
- Defend Yourself: Facing a charge in court, 3rd Edition (2014)
- Introduction to Forensic DNA Evidence for Criminal Justice Professionals (2013)
- Ross on Crime 6th Ed. (2013)
- Waller & Williams Criminal Law Text and Cases, 12th Edition (2013)
- Kenny Criminal Law in Queensland and Western Australia – 8th Edition (2012)
- Disability & the Queensland Criminal Justice System (2012)
- Homicide – The Laws of Australia (2012)
- Principles of Criminal Law in Queensland & Western Australia (2011)
- Principles of Criminal Law – 3rd Edition (2010)
- Criminal Process in Queensland & Western Australia (2010)
- The Criminal Codes: Commentary & Materials – 6th Edition (2009)
- Criminal Laws in Australia (2006)
- Butterworths Tutorial Series – Criminal Law (2004)
Abortion in Queensland
Currently abortion in Queensland is illegal by virtue of sections 224, 225 and 226 of the Queensland Criminal Code. The key provision is section 224:
“224 Attempts to procure abortion Any person who, with intent to procure the miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, is guilty of a crime, and is liable to imprisonment for 14 years.” [Section 225 covers a “self-imposed abortion”]
A review of this law may be considered in the future by virtue of recent media articles, namely:
- Abortion: the issue most Queensland politicians won’t touch
- Zika virus outbreak prompts focus on Latin American abortion laws
- Men should have right to ‘abort’ responsibility for an unborn child: Swedish political group
Ideally abortion laws should be consistent throughout Australia to avoid forum-shopping.
Quotes from the Christian Bible relevant to abortion:
- Psalm 139:13-16: For you created my inmost being; you knit me together in my mother’s womb. praise you because I am fearfully and wonderfully made; your works are wonderful, I know that full well. My frame was not hidden from you when I was made in the secret place. When I was woven together in the depths of the earth, your eyes saw my unformed body. All the days ordained for me were written in your book before one of them came to be.
- Jeremiah 1:5: “Before I formed you in the womb I knew you, before you were born I set you apart; I appointed you as a prophet to the nations”.
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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.
Artist: Hana Lee; Title: ‘Who Knows’ (c) 2014
Reading for fun ->
- PS Who Stole Santa’s Mail? [Queensland Writer]
- Exiles of the Bhel Sea [Queensland Writer]
- Burglar decision Making
- Situational Factors in Rape
- Women as victims and offenders : incarcerated for murder in the Australian criminal justice system