Graffiti

If you are charged with a graffiti offence, you may be offered a court diversion if you agree to attend the graffiti removal program.

When you need legal advice

Get legal advice if you:

  • have been charged with a graffiti offence
  • did not, or will not, meet the conditions of a graffiti removal order
  • are considering accepting a police diversion for a graffiti offence
  • have questions about your sentence or possible court outcome
  • do not think you have the physical or mental capacity to comply with a graffiti removal order. 

How to get legal advice

Police diversion for a graffiti offence

Police may offer graffiti offenders aged under 17 years the opportunity of a court diversion, instead of going to court. This means attending the Graffiti Removal Program to do unpaid work removing graffiti.

The Graffiti Removal Program takes 2 hours.

To be eligible for the program, you must:

  • be between 12 and 16 years old
  • admit to a graffiti offence during a recorded police interview
  • agree in writing to attend.

If you fail to complete the program, police can:

  • send you to court for the graffiti offence charge you with failing to comply with a police direction.

Court actions

If you are aged 12 years or older and convicted for graffiti, the court:

Graffiti removal orders

Unpaid work hours

The graffiti removal order will state how many hours you must do unpaid work removing graffiti. The number of hours you can be ordered to do this work is limited, even when you are convicted of more than one offence and given more than one order.

The maximum hours you can be ordered to do graffiti removal work is based on your age, maturity and ability.

Age Maximum hours of graffiti removal
12 5
13–14 10
15–16 20
17 and older 40

The court may give you up to 12 months from the date you are sentenced to complete graffiti removal work.

If you are also sentenced to detention or imprisonment while you are under a graffiti removal order, you will be required to complete the graffiti removal work when you are released.

Other conditions

You must also comply with other conditions of the graffiti removal order.

You must:

  • report to your caseworker or corrective services officer during the order period
  • receive visits from your caseworker or corrective services officer
  • follow every reasonable direction from your corrective services officer
  • complete graffiti removal work to a satisfactory level
  • tell your caseworker or corrective services officer within 2 days of changing address.

You must not:

  • leave Queensland without the approval of your caseworker or corrective services officer
  • break the law during the order period.

Forfeiting graffiti instruments

It is unlawful to possess a ‘graffiti instrument’. A graffiti instrument is an item that is any of the below:

  • reasonably suspected of being used for graffiti
  • has been used for graffiti
  • reasonably suspected of about to be used for graffiti.

If you are convicted of possessing a graffiti instrument and used a camera, mobile phone, computer or another device to record or send video or photos of the graffiti to others, the court can order these items to be forfeited to the state when you are sentenced. The state may decide to keep or destroy the items.

What to do if you've been charged with an offence.

We may give legal advice about graffiti offences.

Contact us

Other places to get legal advice:

Who else can help?

Related information

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

Last updated
Last reviewed
Back to top