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Crime And Misconduct Commission - Refusal To Take An Oath At Hearing

What the law says

Section 183 of the Crime and Misconduct Act, Queensland states:

A person attending at a commission hearing to give sworn evidence must not fail to take an oath when required by the presiding officer.

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 give sworn evidence; AND
  2. You attended the hearing to give sworn evidence; AND
  3. You were required to take an oath by the presiding officer; AND
  4. You failed to give an oath when required by the presiding officer.

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 the offence include but are not limited to:

  1. You were given a notice to attend a hearing and give sworn evidence.
  2. You did not in fact attend the hearing.
  3. You were not in fact required to give an oath by presiding officer.
  4. You did in fact give an oath when required 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 do the act/s that constituted the offence.
  7. Insanity.
  8. Identification i.e. the accused was not the offender.
 

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