This program is designed with criminal lawyers in mind, providing strategies and insights to protect your clients during investigations and questioning, particularly addressing challenges faced by Aboriginal individuals who are accused, detained, arrested, and during bail applications and sentencing. You will examine Bugmy v The Queen [2013] HCA 37 and the Bugmy Bar Book, delving into sentencing principles and exploring current trends to keep your eye on. With a focus on the rights of Aboriginal clients and guidance from legal experts, this program equips you with the necessary tools to effectively defend your clients' rights within the criminal justice system.
Description
Attend and earn 3 CPD units in Substantive Law
This program is based on QLD legislation
Chair
Rachael Taylor, Barrister, 8 Petrie Terrace Chambers
2.00pm to 2.15pm OPENING PRESENTATION BY THE CHAIR: Cultural Awareness & Respect for Traditions and Practices: Culturally Appropriate Skills
2.15pm to 3.05pm Aboriginal Clients Detained or Arrested
- Safeguards during investigation and questioning
- Awareness of regulations, including rights to legal representation and support persons during detention or arrest
- Familiarity with the custody notification service
- Knowledge of provisions in the crime
Presented by Nick Hanly, Solicitor, Aboriginal and Torres Strait Islander Legal Service
3.05pm to 4.10pm Bail Applications for Aboriginal Clients
- Ensuring bail conditions are appropriate and understood by the client, avoiding undue hardship
- Inquiring about family or support networks that can assist with bail conditions
- Highlighting special vulnerabilities or needs of aboriginal accused persons during bail applications
- Encouraging continuity of client representation to build trust and avoid distress from repeated storytelling
Presented by Nick Hanly, Solicitor, Aboriginal and Torres Strait Islander Legal Service
4.10pm to 4.25pm Break
4.25pm to 5.15pm Sentencing Aboriginal Clients
- Bugmy v The Queen [2013] HCA 37
- The Bugmy Bar Book
- Sentencing principles
- Sentencing trends and approaches
Presented by Nick Hanly, Solicitor, Aboriginal and Torres Strait Islander Legal Service
Presenters
Nick Hanly, Solicitor, Aboriginal and Torres Strait Islander Legal Service
Nicholas was admitted to practice as a solicitor in the Supreme Court of Queensland in 2008. He began his legal career as a Judge’s Associate in the District Court of Queensland, before commencing as a Legal Officer with the Office of the Director of Public Prosecutions. In 2011 Nicholas started working as a solicitor for Legal Aid Queensland. Over the following 13 years, he held numerous positions within Legal Aid Queensland, across the state. Additionally, Nicholas was seconded to the Organised Crime Commission of Inquiry as Principal Lawyer, as well as the Crime and Corruption Commission as Counsel Assisting. In 2023 Nicholas commenced working as a solicitor for the Aboriginal and Torres Strait Islander Legal Service, where he currently still practices. In addition to his work as a solicitor, Nicholas has served as a member of numerous committees within the Queensland Law Society, and is currently a member of the International Society for the Reform of Criminal Law.
Rachael Taylor, Barrister, 8 Petrie Terrace Chambers
Rachael has a broad public law practice, working primarily in criminal, regulatory and disciplinary law, industrial and WHS law, administrative and human rights law, environmental law and inquests and inquiries. She is a member of Legal Aid Queensland’s Complex Criminal case panel and is regularly briefed in serious criminal matters for defendants, as well as prosecutions on behalf of the State and Commonwealth DPP, regulatory agencies and government departments. Rachael also has significant experience in disciplinary proceedings, WH&S matters and inquests. In 2020-21 she was junior counsel for Resources Safety & Health Queensland in the Queensland Coal Mining Board of Inquiry. Before coming to the Bar, Rachael worked as a solicitor in the UK and Australia for almost a decade. In 2010, she was an Associate to a judge of the District Court of Queensland. Rachael is a member of the Bar Association of Queensland’s Professional Ethics Committee and Access to Justice Committee.
