Criminal Code (Defence of Dwellings and Other Premises—Castle Law) Amendment Bill 2024
Plain English Summary
Overview
This bill proposed to implement the 'castle doctrine' in Queensland by expanding when homeowners and occupiers can legally use force — including lethal force — to defend against intruders. It was a private member's bill introduced by Nick Dametto MP that lapsed at the end of the 57th Parliament and did not become law.
Who it affects
Homeowners and anyone occupying a dwelling, vehicle, caravan or tent would have gained broader legal protection when defending against intruders. Alleged intruders would have faced reduced legal protections against the use of serious force.
Key changes
- Allowed lethal force against intruders who enter at night, use or threaten violence, carry or pretend to carry weapons, come in a group, or damage property
- Extended self-defence protections beyond dwellings to vehicles, caravans, tents and all other premises defined in the Criminal Code
- Protected not just the occupant but anyone helping the occupant or acting under their direction
- Maintained the requirement for reasonable belief that force is necessary, but broadened the specific circumstances where serious force is lawful
- Mirrored existing aggravating circumstances already used in the Criminal Code for burglary and unlawful entry offences
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee1 May 2024View Hansard
Referred to Community Safety and Legal Affairs Committee
▸Second Reading
Introduced the bill as KAP policy, arguing Queenslanders deserve the right to defend themselves in their homes without facing criminal charges for using force against intruders.
“The only protection an intruder should be afforded in this state is the front door of a house. Once they cross into the premises, it should be up to the home owner or the individual in that premises as to how they defend themselves.”— 2024-05-01View Hansard