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QLD Can I Request Case be Dismissed?

Discussion in 'Criminal Law Forum' started by julie eyles, 7 October 2014.

  1. julie eyles

    julie eyles Member

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    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?
     
  2. Sophea

    Sophea Well-Known Member

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

    Sarah J Well-Known Member

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    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.
     
  4. Sarah J

    Sarah J Well-Known Member

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    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.
     

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