Commonwealth charges are investigated by federal agencies and prosecuted under federal law, but heard in Queensland courts. Talk to Joseph Rahim before you answer an agency’s questions.
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Commonwealth offences are generally prosecuted by the Commonwealth Director of Public Prosecutions (CDPP), after an investigation by an agency such as Services Australia or the Australian Federal Police.
When an overpayment becomes a criminal charge.
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Every matter is different, but most follow this order.
You may be asked to take part in an interview. You have the right to remain silent, but you must give your name and address when asked. Get advice before you say anything else.
You are charged and given a court date, sometimes on bail with conditions. Read the conditions carefully; breaching them is an offence.
Charges usually start in the Magistrates Court. For people charged in or around Cairns, that is usually the Cairns Magistrates Court on Sheridan Street.
The matter is resolved by a plea of guilty, a hearing or trial, or the charge being withdrawn. More serious charges can be sent to a higher court.
Commonwealth offences are heard in Queensland courts. Summary charges go to the Magistrates Court and indictable charges to the District or Supreme Court. A Commonwealth jury verdict must be unanimous.
Sentencing follows the Crimes Act 1914 (Cth), which has its own rules and options. Queensland sentencing law applies only where it is consistent with Commonwealth law.
An interview with a federal agency can lead to a criminal referral. Get advice before you attend.
Commonwealth sentencing has its own framework. Advice based on State charges may not fit.
Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph
When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.
Generally the Commonwealth Director of Public Prosecutions, in Queensland courts.
Yes. For a Commonwealth offence the jury verdict must be unanimous.
Get advice before you attend an interview. What you say can be used as evidence.
Yes. It is free, confidential and comes with no obligation.
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0447 028 080This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.
