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Crime And Misconduct Commission - Failure To Attend

What the law says

Section 82 of the Crime and Misconduct Act, Queensland states:

(5) A person given an attendance notice must not-

(a) fail, without reasonable excuse, to attend as required by the notice; or

(b) fail, without reasonable excuse, to continue to attend as required by the presiding officer until excused from further attendance.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:

(1) You were given a notice to attend a hearing; AND

(2) You:

(a) Failed to attend as required by the notice; OR

(b) Failed to attend on a day without being excused or released by the presiding officer; AND

(3) You did not have a reasonable excuse.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

Maximum penalty - 85 penalty units or 1 year imprisonment.

Penalty unit = $100.00

Which court will hear the matter

Under section 3(5) of the Criminal Code Act  Queensland this offence is classed a simple offence and therefore may be heard in the Magistrates Court pursuant to section 19 of the Justices Act Queensland.

It is also possible that your matter will be heard in the District Court.

Possible defences

Possible defences to an offence against either subsection (1), (2) or (3) include but are not limited to:

1. You were given a notice to attend a hearing.

2. You did not in fact fail to attend as required by the notice.

3. You in fact had the excusal of the presiding officer.

4. You were in fact released by the presiding officer.

5. You had a reasonable excuse, for example you were ill.

6. Duress - example: there was a threat of harm to the accused or another person that the accused reasonably believe would be carried out if he/she attended the hearing.

7. Insanity.

8. Identification i.e. the accused was not the offender.

 

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