THE NEW VLAD LAWS – WHAT YOU NEED TO KNOW
On 29 November 2016, Parliament passed the Serious and Organised Crime Legislation Amendment Bill. This Act makes significant changes to the VLAD regime enacted by the former liberal government. In the past couple of days Irish Bentley Lawyers have been inundated with questions from Queenslanders who are worried about the legal effects of the changes to the current law.
The following are some commonly asked questions.
Q: When will wearing patches in public become a criminal offence?
A: There will be a new offence which prohibits the wearing of patches and other prohibited jewellery or clothing. At the date of this article it is not an offence to wear these items in public. It will become an offence once the amendments have been assented by Parliament and enacted in legislation. The earliest an Act can come into force is on assent which has not occurred yet.
Q: Regarding the consorting offence, will convictions from other States be taken into account?
A: Once again a definitive answer is unclear at this early stage. However, in practice a Queensland police officer will generally only be able to access Queensland records and therefore it is unlikely that convictions from other states will be noted by ordinary police officers. It is possible that inter-state convictions may be taken into account but the definitive answer to this questions will not be available until the legislation is enforceable.
Q: Will the consorting offence take into account minor criminal offences?
A: Parliamentary notes explain that the consorting offence will not include minor criminal offences. Minor offences are generally offences which can be resolved in the Magistrates Courts and do not result in terms of imprisonment. Therefore minor criminal offences which are dealt with by way of fines, for example, will not be relevant to the consorting offence.
Q: Will offences from a long time ago be taken into account?
A: Unfortunately, Parliamentary notes are silent about this issue, however historic offences may be taken into account which is consistent with the New South Wales version of the offence. Keep in mind that the offence is not merely consorting with 2 people who have serious criminal convictions. A person commits the consorting offence when they have been previously warned by police and then continue to consort with those people.
If you have any questions that you would like us to address in future posts please email mail@irishbentley.com.au.
Q: When will wearing patches in public become a criminal offence?
A: There will be a new offence which prohibits the wearing of patches and other prohibited jewellery or clothing. At the date of this article it is not an offence to wear these items in public. It will become an offence once the amendments have been assented by Parliament and enacted in legislation. The earliest an Act can come into force is on assent which has not occurred yet.
Q: Regarding the consorting offence, will convictions from other States be taken into account?
A: Once again a definitive answer is unclear at this early stage. However, in practice a Queensland police officer will generally only be able to access Queensland records and therefore it is unlikely that convictions from other states will be noted by ordinary police officers. It is possible that inter-state convictions may be taken into account but the definitive answer to this questions will not be available until the legislation is enforceable.
Q: Will the consorting offence take into account minor criminal offences?
A: Parliamentary notes explain that the consorting offence will not include minor criminal offences. Minor offences are generally offences which can be resolved in the Magistrates Courts and do not result in terms of imprisonment. Therefore minor criminal offences which are dealt with by way of fines, for example, will not be relevant to the consorting offence.
Q: Will offences from a long time ago be taken into account?
A: Unfortunately, Parliamentary notes are silent about this issue, however historic offences may be taken into account which is consistent with the New South Wales version of the offence. Keep in mind that the offence is not merely consorting with 2 people who have serious criminal convictions. A person commits the consorting offence when they have been previously warned by police and then continue to consort with those people.
If you have any questions that you would like us to address in future posts please email mail@irishbentley.com.au.
