QLD Can I Request Case be Dismissed?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

julie eyles

Member
7 October 2014
1
0
1
I have not been able to get my QP9 even though 1st mention was 16/9/14, and the next is on 14/10/14. Only a few days away. I am sure I read somewhere that I can request for the case to be dismissed if the QP9 has not been received by the next date. Can't find where I read it, or if its criminal law, but it did state that if not available 10 days before court, one can apply to Magistrate.

Is this right?
 
S

Sophea

Guest
Have you called legalaid? They may be able to help you out on that one.
 

Sarah J

Well-Known Member
16 July 2014
1,314
250
2,389
Melbourne, Victoria
Hi Julie,

You should be able to request a copy from Legal Aid. This information booklet can help you on what to do. But essentially, call Legal Aid on
1300 65 11 88 to find out how to obtain a copy of the QP9.

I do not believe you can dismiss the charge, unless it turns out the police have no valid charge/evidence against you. You should be able to get some sort of concession though. Have you tried contacting the police and requesting a copy of the QP9. It does depend on what actions you took in an attempt to obtain a version as well.
 

Sarah J

Well-Known Member
16 July 2014
1,314
250
2,389
Melbourne, Victoria
Where your next hearing date is coming up and you are asked to enter a plea, tell the court that you have not yet received the Qp9 and explain to the court your correspondences with the police and attempts made to obtain a copy. If the incident happened recently, a QP9 would usually not be available as it takes the police some time to prepare the brief.