May v Queensland Police Service

[2022] QCA 121

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Procedure
3. › Queensland
4. › When appeal lies
5. › From District Court
6. › By leave of Court
7. › Whether applicant demonstrated reasonable argument of error to be corrected
8. › Whether substantial injustice
9. › District Court Authorities Act 1858 (Qld)
10. › Justices Act 1886 (Qld), ss 222, 223
1. Criminal Law
2. › Obstruct police officer
3. › Police officer executing court order
4. › Whether order lawful until set aside
5. › Whether collateral review of magistrate's judicial order available
6. › Justices Act 1886 (Qld), s 40
7. › Police Powers and Responsibilities Act 2000 (Qld), ss 615, 790, 796
1. Appeal
2. › Fresh evidence
3. › Application to adduce evidence on appeal
4. › Whether evidence that was not given at trial may be adduced
5. › Self-represented litigant

Quick Take

A magistrate's order under s 40(3)(b) of the Justices Act 1886 (Qld) to take a person into custody is a judicial order lawful until set aside, providing sufficient authority for a police officer to act under s 796 of the Police Powers and Responsibilities Act 2000 (Qld). A police officer is not required to deliberate upon whether the order should have been made, and another magistrate hearing a subsequent charge arising from the execution of that order cannot collaterally review the original order. The appropriate remedy to challenge such an order is by seeking a prerogative order from the Supreme Court.