Common charges
Updated August 2019
It is helpful to talk to other people in your community who have engaged in similar actions to gain a general sense for what the charges and consequences might be. Keep in mind where your charges will be heard and only consider cases that have been heard in the same state you take action in.
While these discussions may give you a general idea, it is important to understand that every arrestable action may have different legal consequences. It’s a good idea to understand what the maximum penalties may be to make informed decisions. Every case is different, and there may be different aggravating or mitigating factors. Always consider your individual circumstances. When sentencing, the judge has a very wide discretion to take into account any matters they consider relevant. This can include any previous convictions or court record, contributions to the community, your ‘character’ and age.
Similarly, the police have wide discretion in deciding what charges to pursue against you. Often, there are different charges with different levels of seriousness that could follow an action. Seek legal advice after you have received your charge sheet, especially if you disagree with a charge. A lawyer may be able to make submissions directly to the police to substitute lesser charges or withdraw them entirely.
A note about “simple” vs “indictable offences”:
In Queensland, there are 2 types of criminal offences, and the type you’ve been charged with can have an impact on your rights and how your matter will be heard in court. It is very useful to know the difference.
Simple offences (or summary offences) are minor offences including disorderly behaviour, traffic offences and minor criminal offences. Almost all common charges faced by activists will fall within this category.
Indictable offences (sometimes called crimes and misdemeanours) include murder, rape, robbery, assault, and break and enter. Generally non-violent protestors would not be charged with any “indictable” offences. If you have been charged with an indictable offence, or what you think might be an indictable offence you should speak to a lawyer.
These are some of the most common offences, but your specific charges will depend on the particular circumstances, context and events. Note that maximum penalties are very rarely enforced. Any actual penalty imposed will depend on all the relevant circumstances associated with the offence and on each person’s criminal record (if any).
In Queensland, at 1 July 2019, one (1) penalty unit is $133.45.
Contravening a Police Direction
This could mean that you didn’t follow a police move on order, or a police direction as allowed under a different act.
This is not an indictable offence.
Maximum 20 penalty units or $2669.
Assault or Obstruct Police
Note that the charge sheet may state Assault/Obstruct even if you did not physically interact with the police as they are a joint offence. Being charged with assault in the course of a non-violent action may feel very frustrating.
The term wilful obstruction often applies to lock-on actions where you are refusing police directions to lock-off as this behaviour may be seen as a deliberate obstruction. Assault or Obstruct can be anything that hinders a police officer in the performance of the officer’s duties.
This is sometimes referred to as ‘resisting arrest’. It has been issued in cases where someone has tried to stop the police from moving them (‘going limp’).
This is not an indictable offence.
Maximum 40 penalty units ($5338) or up to 6 months imprisonment.
This is different from the charge of “serious assault” which carries much more severe penalties, as it is an indictable offence. Seek legal advice if you have been charged with serious assault.
Public Nuisance
This could include any behaviour the police deem disorderly, offensive, threatening or violent. You can also be charged with this if the police believe your behaviour interferes, or is likely to interfere with the peaceful passage through or enjoyment of public places.
This is not an indictable offence.
Maximum 20 penalty units for licensed premises and 10 penalty units for public spaces, or up to 6 months imprisonment.
Cause a traffic hazard or obstruction
As a pedestrian, moving into the path of a driver, or to unreasonably obstruct the path of a driver or pedestrian. Also to dig up, undermine or interfere with a road; or use anything that is likely to cause danger, obstruct, inconvenience, annoyance or injury.
This is not an indictable offence.
Maximum 20 penalty units
Trespass
It is an offence to enter or remain in a public or private building or structure without reasonable excuse. Often police, or an owner/manager of the private space will ask you to leave before you are formally charged.
This is not an indictable offence.
Maximum 20 penalty units and up to 1 year imprisonment.