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Criminal Law in Queensland

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In short

Queensland criminal offences are created principally by the Criminal Code Act 1899, with drug offences under the Drugs Misuse Act 1986 and traffic offences under the Transport Operations (Road Use Management) Act 1995. Offences are either summary, dealt with by a magistrate, or indictable, heard in the District or Supreme Court. Queensland has also created a standalone coercive control offence.

Section 4

Criminal law in Queensland

Queensland is a code jurisdiction: offences and defences are set out in the Criminal Code Act 1899 rather than left to the common law. Around it sit the statutes that govern police powers, bail, sentencing and driving offences.

Criminal Code Act 1899 (Qld) Offences, defences, excuses and criminal responsibility.
Police Powers and Responsibilities Act 2000 (Qld) Powers of search, arrest, detention and questioning — and the safeguards attached to them.
Bail Act 1980 (Qld) Grant, refusal, conditions and variation of bail, and show-cause situations.
Penalties and Sentences Act 1992 (Qld) Sentencing principles, the available orders, and the court's discretion as to whether a conviction is recorded.
Justices Act 1886 (Qld) Summary procedure in the Magistrates Court, including committals and appeals.
Drugs Misuse Act 1986 (Qld) Possession, supply, production and trafficking offences and the schedules of dangerous drugs.
Transport Operations (Road Use Management) Act 1995 (Qld) Drink and drug driving, licence disqualification and work licences.
Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld) When a conviction stops having to be disclosed — the rehabilitation period.
Youth Justice Act 1992 (Qld) Sentencing of children, including the Adult Crime, Adult Time provisions in section 175A.[24] [25]

The coercive control offence

Section 334C of the Criminal Code makes it an offence for an adult in a domestic relationship to engage in a course of conduct against the other person consisting of domestic violence on more than one occasion, intending to coerce or control them, where the course of conduct would in all the circumstances be reasonably likely to cause harm.[27] It commenced on 26 May 2025, is indictable, and carries a maximum of 14 years' imprisonment.[18]

Two practical consequences follow. First, the offence is about a pattern, not a single incident — which changes what the prosecution has to assemble and what the defence has to answer. Second, it applies only to conduct forming a course of conduct committed from 26 May 2025.[18] Conduct before that date is charged, if at all, under the pre-existing offences.

If police want to speak to you

Get advice before the interview, not after it. A recorded account cannot be withdrawn or corrected later.

Common questions

What is the difference between a summary and an indictable offence in Queensland?

Summary offences are dealt with by a magistrate sitting alone in the Magistrates Court. Indictable offences are more serious and are heard in the District or Supreme Court, generally before a judge and jury, although some indictable offences can be dealt with summarily. The distinction affects the maximum penalty, the procedure, the cost and the time the matter takes.

Which legislation creates criminal offences in Queensland?

Principally the Criminal Code Act 1899, which covers offences against the person and against property. Drug offences are created by the Drugs Misuse Act 1986, and drink driving, drug driving and licence offences by the Transport Operations (Road Use Management) Act 1995. Police powers of search, arrest and questioning come from the Police Powers and Responsibilities Act 2000.

Sources
Reviewed 26 August 2026

The bracketed numbers in this article refer to the master numbered source list on the Knowledge Hub, which is maintained in one place so a citation cannot fall out of step between pages. Every source is an official primary source: Queensland and Commonwealth legislation, the courts, or the relevant regulator.