Queensland magistrates courts all the rules, important legislation, case lists and contact details on the one page. All criminal proceedings in queensland begin in the magistrates court, with minor offences being dealt with summarily, and more serious ones being referred to a higher court on the strength of evidence. Benchbook on sentencing supreme court library queensland. The issues discussed in the benchbook spread across the whole spectrum of litigation from civil cases to criminal trials, from magistrates courts to courts of appeal. We want this section to be useful for practitioners. Domestic and family violence protection act bench book. Queensland uniform civil procedure rules 1999 current as at 1 march 2017 supreme court of queensland act 1991.
Finding decisions from queensland courts and tribunals is now a whole lot easier. The undertaking may include the same types of conditions and prohibitions as may be included in a protection order. Process returnable in registry where issued but effective throughout state 15. Civil trials bench book judicial commission of new south wales. The magistrates court of south australia is established by the magistrates court act 1991. Magistrates court practice direction no 20 of 2012 requires that when accepting a direct brief the barrister must obtain written acknowledgment, signed by the prospective client, in the form outlined in rule 24b, and with the following inclusions. It handles the greatest proportion of litigation in the state. Most criminal cases are first heard in the magistrates court, as are most civil cases. The magistrates court of queensland is the lowest court in the court hierarchy of queensland, australia. Magistrates court criminal law benchbook supreme court library. Most criminal cases are first heard in this court in some form. Appointment of bailiffs and bailiffs assistants part 2 jurisdiction 4. The links in each benchbook entry link to a copy of the judgment on either the supreme court library website or, for reported cases, to the. Adult court bench book august 2017 sentencing council.
Access court records, files and services your rights. Protecting witnesses queensland courts afford victims of sexual offences, affected child witnesses and special witnesses protections when proceeding through court. Supreme and district courts criminal directions benchbook. In some cases, that decision is made by a police officer from the watch house. Level 10 state law building 50 ann street brisbane qld 4000. Undertakings national domestic and family violence bench. The magistrates courts service does not warrant or represent that the information contained within this publication is free of errors or omissions. Dec 19, 2016 last updated 19 december 2016 the magistrates courts of queensland are established under the magistrates courts act 1921 qld magistrates courts act and the justices act 1886 qld justices act.
Launched on monday 27 february by chief justice marilyn warren ac and the president of the childrens court, judge amanda chambers, the childrens court bench book provides an accessible guide to the jurisdiction of the childrens court. Access court records, files and services your rights, crime. Dec 21, 2016 chapter contents last updated 21 december 2016 preliminary procedure when prosecuting a criminal offence first appearance before a court summary and indictable offences defendants options at first appearance before a court summary proceedings in the magistrates court murri court queensland courts referrals summary trials in the magistrates court the prosecution case in summary trials the. The queensland magistrates court queensland law handbook online. Southport domestic and family violence court trial begins. Launch of the supreme court equal treatment benchbook. All criminal matters begin in the magistrates court and the civil jurisdiction hears approximately 90% of all disputes within the state.
The courts do have an overriding obligation to promote justice, and as such, magistrates and judges will only allow substituted service if there is a belief that it will bring the proceedings to the individuals attention. In criminal matters punishable by more than five years gaol, the magistrates court conducts a preliminary examination of a charge and may commit the accused person to be dealt with by a. Undertakings national domestic and family violence bench book. This concerned a police application under the domestic and family violence protection act 2012 qld the act for a protection order against the respondent in favour of the aggrieved. Childrens court child protection proceedings benchbook. Benchbook magistrates court of queensland pdf book. This claim in this proceeding is made in reliance on the following facts. It is an important document because equality before the law is a fundamental precept of the rule of law. Magistrates court national domestic and family violence. The queensland judgments website is a joint initiative of the incorporated council of law reporting for the state of queensland and the supreme court of queensland library committee, with the support of queenslands courts and tribunals, and the technical assistance of optimised and caseiq. Civil trials bench book judicial commission of new south. The ok is considered to be correct as at the date of publication, benchbo.
Chief executive judicial commission of new south wales gpo box 3634 sydney, nsw 2001 dx 886 sydney. Court processes in criminal matters queensland law handbook. The supreme court library queensland acknowledges the traditional owners and custodians of country throughout queensland. Childrens court child protection proceedings benchbook pdf, 1.
Magistrates courts act 1921 as at 1 march 2017 act 22 of 1921. Criminal law duty lawyer handbook legal aid queensland. Display results with all search words % end of search results. In the higher courts district court, supreme court the jury decides if you are guilty and the judge decides the penalty. Mar 01, 2017 queensland uniform civil procedure rules 1999 current as at 1 march 2017 supreme court of queensland act 1991. The criminal court can hear matters where the penalty can be a fine, a prison sentence of up to five years, a good behaviour bond or a community service order. Magistrates court dealt with about 96 per cent of the states criminal matters. Benchbooks for queenslands courts including supreme and district courts, equal treatment. The magistrates court of western australia has multiple registries located around the state to deal with. Principal clerk of courts is principal registrar 3b.
Jun 20, 2019 substituted service may apply when it is impracticable to serve a document pursuant to the usual rules. It is the first tier of the queensland courts system and is the busiest of all queensland courts. Last updated 19 december 2016 the magistrates courts of queensland are established under the magistrates courts act 1921 qld magistrates courts act and the justices act 1886 qld justices act. Substituted service may apply when it is impracticable to serve a document pursuant to the usual rules. Queensland, federal circuit court of australia and magistrates from the magistrates. If your trial is in the courts in brisbane, cairns or townsville, you may find it helpful to contact the court network for humanity. Benchbook domestic and family violence protection act 2012. Court processes in criminal matters queensland law. In all, the magistrates court and childrens court dealt with a staggering 366,381 criminal charges. Application for a protection order under the domestic and family violence protection act 2012 qld facts. A particular request from the magistrates association was the inclusion of guidance on dealing with applications to adjourn on the day of trial.
We pay respect to elders past, present and emerging and commit to the spirit of meaningful reconciliation between indigenous and nonindigenous australians. The court process for rape and sexual assaults usually involves two separate court jurisdictions, the magistrates court and the district court. At the magistrates court there will be a committal hearing where a magistrate will decide if there is enough evidence for a jury to convict the defendant offender. Queensland judgments authorised reports and unreported. The drug and alcohol court which sits in the brisbane magistrates court commenced operation in january 2018. A victim of domestic and family violence seeking a protection order may agree to withdraw their application on the basis that the perpetrator provides an undertaking to the court to do, or refrain from doing, certain things. This benchbook is the fifth edition of the contempt of court benchbook produced by the michigan judicial institutes publications team and first published in 1987. Some magistrates courts may accept applications for consent orders. Funding for the original publication was provided by the michigan justice training commission pursuant to a grant administered by the office of criminal justice. Chapter contents last updated 21 december 2016 preliminary procedure when prosecuting a criminal offence first appearance before a court summary and indictable offences defendants options at first appearance before a court summary proceedings in the magistrates court murri court queensland courts referrals summary trials in the magistrates court the prosecution.
However, often where more serious offences are concerned, a court will need to determine the issue of bail. Magistrates courts act 1921 as at 1 march 2017 act 22. Adult court bench book courts and tribunals judiciary. Magistrates courts act 1921 as at 1 march 2017 act 22 of 1921 table of provisions long title part 1 preliminary 1. Drug and alcohol court this court provides an intensive and targeted response to adults with a severe substance use disorder. If you do not have access to the subscription services, a version of the judgment can generally be located by searching the citation e. After finding out that her husband had been having an affair, there was a violent incident.
It includes detailed information on both the family and criminal divisions of the court. The magistrates court of the australian capital territory is a court of summary jurisdiction that deals with the majority of criminal law matters and the majority of small civil law matters in the australian capital territory, the jervis bay territory and the australian antarctic territory the current chief magistrate is lorraine walker, appointed with effect from october 2011. The magistrates court is the first level of the queensland courts system. Find court documents and files for matters in all queenslands magistrates, supreme and district courts. Chapter 12 of the equal treatment benchbook of the supreme court contains the guidelines that supreme court judges have published on conducting trials. Recognising the potential indicators of inequality requires knowledge on the part of those involved in the court process judges and magistrates, and lawyers and court staff as well. Carters criminal law of queensland contains an annotated penalties and sentences act 1992 which is updated regularly. Bail act 1980 qld in queensland, the bail act 1980 qld governs how a decision is made whether bail will be granted or refused. Local court bench book judicial commission of new south.
The childrens court benchbook contains information prepared and collated by the magistrates courts service, queensland courts. Magistrates court criminal law benchbook supreme court. The sentencing benchbook has not been updated since april 2017. Queensland courts all criminal matters begin in a magistrates court. That translated to 202,966 adult defendants on 340,878 criminal charges and a further 11,525 child defendants on a further 25,503 criminal charges. Since the last adult court bench book was updated in 2008, the jsb has received considerable feedback from magistrates on its content and format.
The queensland magistrates courts can deal with some minor family law matters, depending on where you live, such as urgent or interim shortterm cases about children where there is a domestic violence case being heard. The person who hears the case and decides the sentence in a. This feedback has been carefully considered, and it was concluded, that the bench book should be in a new format, which would supplement the new adult court pronouncement cards. See magistrates court act 1991 s 38 and magistrates court civil rules 20 r 4. Benchbook magistrates court of queensland pdf book manual. Queensland sentencing guide queensland sentencing advisory. Southport domestic and family violence court trial begins today. Lodge a civil claim at court your rights, crime and the law.
The family court of australia, the federal circuit court of australia, the family court of western australia, and the local or magistrates courts in each state and territory all have the power to make decisions about family law issues under the family law act 1975. After finding out that her husband had been having an affair, there was a violent incident between the aggrieved and the respondent. Which court will consider your claim depends on the amount of the dispute. The court can also help the parties reach agreement through mediation as an alterative to continuing with litigation. The supreme court library queensland acknowledges the traditional owners and custodians of country. Queensland magistrates will lead the legal crackdown on family violence with the specialist court trial starting in southport today supported by a new bench book and best practice report to deliver better decisions and outcomes. Fulton county magistrate court, ga official website. Published in brisbane by office of the chief magistrate. The queensland magistrates court queensland law handbook. Take care to check the most up to date version of legislation when sentencing offenders. Childrens court bench book childrens court of victoria. Apr 30, 2018 54000 warrants for arrest in criminal proceedings in the local court 56000 costs in criminal matters 58000 crimes forensic procedure act 2000 60000 involuntary drug and alcohol treatment 62000 nonpublication and suppression orders 64000 oaths 66000 right of appearance 68000 correctional centres and visiting magistrates. Contents animal care and protection act 2001 bail act 1980. However, often where more serious offences are concerned, a court will.