[ Supreme Court ] [ District Court ] [ Magistrates Court ] [ Justices of the Peace ]

Introduction

Queensland has four levels of courts and a number of tribunals set up by State Laws.

These courts and tribunals deal with all kinds of offences and disputes, from murder to failure to register a dog.

The type of offence or dispute determines which court or tribunal will deal with it.

The four levels are:

The Magistrates Court the first step in all criminal offences and many civil disputes
The District Court, which handles more serious cases, both criminal and civil
The Supreme Court, which hears the most serious cases, criminal and civil

The Court of Appeal (a division of the Supreme Court), which hears any appeals against decisions made at trials in the District and Supreme Courts, whether criminal or civil.

Other courts, such as the Family Court, the Federal Court and the High Court, operate under Commonwealth Laws.

What is the Magistrates Court?

The Magistrates Court is the first level in the Queensland Justice System and the busiest of all courts in the State.

Most towns of any size have a local Magistrates Court. There are 75 Magistrates and 125 places where Magistrates Court hearings are held throughout the State.

Criminal

If someone commits a criminal offence, under Queensland Law they must be brought before a Magistrates Court as soon as possible.

A Magistrate hears the evidence and makes all judgments and decisions alone. There is no jury. In court, a Magistrate is referred to as 'Your Worship'.

The first decision the Magistrate makes is whether there is a case to answer, that is, whether there is enough evidence to conduct a trial against the person charged with the offence.

The second decision is whether the case should be heard in the Magistrates Court or sent to a higher court for trial before a Judge and Jury.

Less serious cases involving burglary, assault, fraud or drugs, traffic offences and minor offences (such as shop lifting and disorderly behaviour) are usually dealt with summarily. 'Summarily' means that the case can be decided by the Magistrate on the evidence before the Court.

If a defendant (that is, a person charged with a minor offence) pleads guilty, the Magistrate usually deals with the case then and there. If the defendant pleads not guilty, the Magistrate sets a hearing date, giving both the Prosecution and Defence sufficient time to prepare and notify witnesses.

Both the defendant and the prosecution have the right of appeal against the Magistrate's decision, but only if the defendant is found guilty.

The defendant can appeal against either the guilty judgment itself, or the sentence (the penalty) imposed by theMagistrate..

The prosecution, on the other hand, can only appeal against the sentence.

Appeals are heard in the District Court.

More serious crimes that should be heard by a Judge and Jury are committed for trial in the District or Supreme Court during a special hearing in the Magistrates Court known as a 'Committal' The purpose of the Committal is to establish whether the case is strong enough to go ahead.

The most serious criminal charges, such as murder, attempted murder, manslaughter, fraud, treason and drug trafficking, are committed to the Supreme Court.

Civil

Any person or company wanting to sue another for compensation or money owed to the value of $50,000 should file a claim in the Magistrates Court.

If the amount is more than $50,000, the claim should be filed in a higher court.

The Magistrates Court also comprises:

The Small Claims Tribunal, for disputes about rental bonds, consumer / trader services and dividing fences

The Minor Debt Court, for disputes about money owed, providing the amount is under $7500

The Childrens Court, for offences committed by minors, and

The Coroners Court, for hearing inquiries into deaths that occur in unusual circumstances, and fires and explosions, even when no one has been killed or injured.

What is the District Court?

The District Court is the next level up from the Magistrates Court and the first stage that involves a jury.

There are 8 District Courts throughout Queensland and 35 District Court judges in all. The Judges also visit the regional centres periodically, where they use the local Magistrates Courts to hold their hearings.

The District Court hears more than 8000 criminal and 1500 civil cases each year.

Criminal

Serious criminal cases involving offences such as burglary, rape, serious assault, armed robbery and fraud are sent to the District Court after being committed for trial in a Magistrates Court.

In the District Court, a Jury of 12 people decide whether the person accused of the crime is guilty or not guilty.

If the accused is found guilty, a District Court Judge determines the sentence according to Queensland Law. In court, the Judge is called 'Your Honour'.

Civil

Civil disputes involving between $50 000 and $250 000 can go directly to the District Court. Such disputes could be over anything from a broken contract to compensation for an injury received in a car accident , what determines where the case will be heard is the amount of money being claimed.

A Jury of 4 people can be called to settle the dispute, although it is not common practice.

The Planning and Environment Court, which hears disputes such as objections to land rezoning and subdivision, is part of the District Court.

What is the Supreme Court?

The Supreme Court is the highest court in Queensland. It sits in Brisbane, Cairns, Rockhampton and Townsville, and Supreme Court Judges also visit other towns throughout the State.

There are 19 Supreme Court Judges, who are referred to in court as 'Your Honour'.

The Supreme Court comprises a Trial Division, which hears the most serious criminal and civil cases, and the Court of Appeal, which hears appeals from both the District Court and the Trial Division.

The Trial Division completes about 600 criminal and 300 civil cases a year.

Criminal

The Trial Division deals with major criminal cases including murder, attempted murder, treason, major fraud and serious drug offences.

Like the District Court, the Supreme Court uses a Jury of 12 people to decide if an accused is guilty or not guilty.

A single Supreme Court Judge determines the sentence according to State Law.

Civil

The Supreme Court settles civil disputes worth more than $250,000, and there is no upper monetary limit.

Usually a single Judge decides civil disputes, but at times the court uses a Jury of 4.

What is the Court of Appeal?

The Court of Appeal hears all appeals from the District and Supreme Courts and many tribunals, such as the Small Claims Tribunal.

The Court of Appeal does not hear entire cases again. It will only grant an appeal if the appellant argues that a mistake in law was made at the original trial. It does not reconsider matters of fact or evidence.

Usually a panel of three or five Supreme Court Judges hear each appeal. There is no Jury.