I have been charged with an offence and am to appear in a Magistrates Court on the 29th. Do I need to have legal representation and if so I would need help with legal aid as I cannot afford to pay a solicitor. What are my options?
Section 227A was introduced in response to privacy concerns following the widespread availability of mobile phone cameras, digital cameras and the Internet for covert surveillance and "upskirting". Please see Section 227A below (as extracted from AustLII).
If you have any questions, you may consider contacting Legal Aid Queensland on 1300 65 11 88 for advice on your situation. If you are unable to get formal representation from legal aid before your hearing, you may be able to seek representation from the legal aid "duty lawyer" that is at the court on the day.
You may also consider contacting the Caxton Legal Centre in South Brisbane. They offer legal advice on some weeknight evenings.
Hope this helps. Please keep us updated with your progress.
Criminal Code 1899 (Qld) - Section 227A 227A Observations or recordings in breach of privacy
(1) A person who observes or visually records another person, in circumstances where a reasonable adult would expect to be afforded privacy
(a) without the other person's consent; and
(b) when the other person (i) is in a private place; or (ii) is engaging in a private act and the observation or visual recording is made for the purpose of observing or visually recording a private act;
commits a misdemeanour.
Maximum penalty 2 years imprisonment.
Examples of circumstances where a reasonable adult would expect to be afforded privacy
1 A person changing in a communal change room at a swimming pool may expect to be observed by another person who is also changing in the room but may not expect to be visually recorded.
2 A person who needs help to dress or use a toilet may expect to be observed by the person giving the help but may not expect to be observed by another person.