Meant to give you guys some VERY important information in case you ever have this happen to you : 1. Make sure the police identify themselves when they approach you 2. Make sure they ask for your name 3. Make sure they say why they are approaching you 4. They can ONLY ask for your license or some form of ID if they suspect that the name you gave is incorrect IF they don't follow this procedure (in QLD according to RRPA statute) then everything they do after that is ILLEGAL, not inadmissable but illegal Do you get where I'm going with this ?
Correct Joe Turns out to be very important as it is part of the statute that empowers the police to ask for your ID .... if they don't do it then all bets are off after that point
Not wanting to argue but it is PPRA and it contains the words 'if practicable' in relation to most of that. It is up to the magistrate to determine if they have met the requirements.
Which was determined they didn't and nice to throw a word in to give the idiots some wiggle room but even when I've been pulled up on the "odd" occasion for speeding the officer has most times that I can remember said who they are and where they are from .... are you a cop ?
Nope, all I was saying is that it is not black and white what is written in the legislation- it is effected by a range of things from definitions of words to precedent to case law and often how the magistrate's drive to work went. I am genuinely happy for the outcome you got and any measures you take going forward. And I think I have said this before: I can't believe no one here did law - even just to pass the time between getting sh*tfaced and chasing skirt at uni..
The legislation was referred to many times by my lawyer and it seemed to catch the cops out whenever the questions were asked. They considered that BECAUSE they were cops they had every right to ask me for my ID, but that is not the case in reality. The judge (bless her heart) was inclined to believe that given the video/audio evidence from the body cam that the police acted in an unlawful manner (her interpretation). My lawyer pointed out other precedents relevant to this case and she also agreed thereby dropping both charges. While I'll admit I'm no saint the raised voice the police kept referring to was me protesting my innocense at being singled out for J-walking , yes J-walking in this day and age !!! When there again was video evidence of the police totally ignoring 5 people walking between me and the cops walking over the tram lines from where I was engaged with the cops. I'm glad someone here has read the PPRA act as it is very important in how you should behave when approached by police but respect is given if it is expressed mutually and calling a 66yo "mate" is fine IF we were mates but we're not. Anyway, onto the next step
My Baby girl ( one of them ) living in Brissy is doing Law Pat…She would love some work experience when the time comes!…She’s a good hardworking little thing…Unlike her Dad..
Being a Brissy boy you may remember when the police had to change the numberplates on their cars as they were registered as 001NME with incremental changes to the numbers Was funny at the time
Don't remember that but then, I have worked in a lot of places other than Queensland over the last 40 years. Happy to be retired on the farm now.
Gabby's on the bench now, not in private practice, but she has given this advice several times: get a Summer Clerkship - your daughter will know what that means. But she's welcome to sit and watch Gabby in court any time she wants.
