Having founded Residents Against Crimes back in 2007 also a member of Cairns Crime alerts on facebook it amazes me how many people criticises the Magistrates & Judges in relation to sentencing.

Firstly the police do the investigation then arrest the offenders when evidence has been collected and statements taken.

Then the offenders appear in court usually the local court and then may progress to the Magistrates court then if required to the Supreme Court.

Once matters have been dealt with the Magistrate or Judge after hearing submissions from the offenders Solicitor or Barrister will then proceed with the sentencing process.

It is important to note that the Detention Centres and & Jails are at their capacity and the Magistrates & Judges have to make the best decision available to them as sending offenders to over crowded Detention Centres or Jails could cause more trouble than it's worth.

Don't blame the Magistrates or Judges blame the sitting government as they are the ones setting the laws in place and the Magistrates & Judges have to use them as a guideline.

Also the criticism on these sites about people charged or facing court leaves the person commenting open for litigation and if you use an anonymous identity they will track you down so be careful how you comment.

People are innocent until proven guilty.

The Magistrates & Judges are dammed if they do and dammed if they don't.

Thanks your Honor

Crime stats

The government of the day MUST for the present crime to bought under control they have to make a decision on the penalties for these young criminals who are running wild knowing full well that they will get a slap on the hand and be released back into the community to again create havoc for all residents.
The government must also revisit the judicial system and make law the penalties that must be handed down.
The Magistrates & Judges are "Dammed if they do & Dammed if they don't" and the judges know full well that the jails & detention centres are full and if they keep sending these people to jail or detention centres the chances of fighting or riot are extremely high.
So the government MUST step up and start looking at the legal system.

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Damned if they Do & Damned if they don't

A lot of residents are asking why don't the Magistrates and Judges hand down longer sentences and the answer to that question is:
The jail are full and over overcrowded.
The Government are not building any more jails at this time
The Magistrates and Judges would like to hand down better sentencing but until the government realises that the present system is failing the judiciary and more importantly the community.
No one could expect the Magistrates and Judges to continually lock every person up when there is no room, the Government HAVE TO start looking at building new jails to overcome the crowding and more importantly not allowing serious offenders to get suspended sentences.
The building of jails these days is quicker and more efficient than in the past, jails in the USA are all prefab buildings and built section by section.
But is building more jails the right way to go maybe the Australian Governments should look at the system in Norway.

Until the Government looks the judicial system we need to understand that the Magistrates and Judges have to make that decision of sending these offenders to overcrowded jails or to release them on probation or giving them suspended sentences.

Being stopped - - For your information

Police can stop you and ask you questions at any time. However, you don’t necessarily have to answer all their questions.
Police may use whatever you say to decide whether to arrest or charge you. They can use what you say against you in court. You don’t need to be at a police station to be interviewed and there’s no such thing as 'off the record'.
This page contains information about what to do when you are stopped by police.

Police rights

Police have the right to ask for your name and address in many situations, including when they:

• find you committing an offence
• ‘reasonably suspect’ that you have committed an offence
• think you can help them investigate an indictable offence or domestic violence act
• give you an order to stop making noise or being a nuisance
• stop you while you are in control of a vehicle
• trying to enforce another specific law
• where it is reasonable in the circumstances.

Although police can ask you to give your name and address, they must warn you that it’s an offence to refuse to do so.
If you refuse to give your name and address when police have a right to ask for it, and you have no reasonable excuse for refusing, you’ll be committing an offence and could be charged.
Giving a false name or someone else’s name could result in more serious charges.

Your rights

You’re allowed to ask the police why they want this information. The officers must give you their names, rank and station. If not in uniform, they must show you their identity cards or some other proof of identity.
However, if police suspect that you’ve committed an offence and need to arrest you to establish your identity, they can do so without a warrant. Therefore, if police ask for your details, you should:

• check their identity and ask why they want your details (making a note of what they say)
• state your name and address, as well as age if you’re under 17
• try to record the names of any witnesses to the event
• politely say that you’re unwilling to answer other questions.

Being stopped while driving

Police can ask to see your licence if they pull your car over for a legal reason, such as for a random breath alcohol or drug test, or to enforce transport or drug laws.
If police stop you while driving, they may conduct a roadside alcohol breath test (i.e. random breath test) or drug saliva test, and have you go to a police station for a blood test.
Apart from giving your name and address, and showing your licence, you can refuse to answer other questions.

Being searched

Police do not have an automatic right to search you and your personal property. They can search you or your belongings only if:

• you agree to the search
• they have a search warrant
• a law specifically allows them to conduct the search. Such powers are limited and apply only in certain circumstances.

Read more about being stopped for a search of you and your belongings.
 https://www.qld.gov.au/law/crime-and-police/being-arrested-and-police-custody/being-searched/

Being questioned

Any conversations you have with police can be used against you. Until you’ve obtained proper legal advice, you should tell the police only what the law requires you to tell them.
REad more:  https://www.qld.gov.au/law/crime-and-police/being-arrested-and-police-custody/being-questioned/https://www.qld.gov.au/law/crime-and-police/being-arrested-and-police-custody/being-questioned/

Further information

A guide to your rights when dealin with police
https://caxton.org.au/pdfs/Police%20Powers%20kit%20Oct%202016.pdfhttps://caxton.org.au/pdfs/Police%20Powers%20kit%20Oct%202016.pdf

How patient can one be? this Queensland Officer deserve a medal

It has been coming for some time but now it has arrived from the USA... "Know your rights and be an arsole".
This is excatly what happened when this officer pulled over a car for a roadside breath test and the driver really showed how his attitude exceed all expectations of being a total arseole reject.
If your pulled over just take the breath test and move on the police don't need over rated rejects creating unnecessary problems for the police.
They are there to protect us and they do that extremely well with what they have got.
 This driver is a smartarse of the arrogant breed and one day he may need the police.
Watch the video amd make your own mind up: