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Introduction

The District Court is the second tier in the Queensland Court system after the Magistrates Court. It is the first stage of the Court system in which a jury can be involved.

The District Court has three main functions:

It deals with indictable offences, such as armed robbery, rape and dangerous driving. Indictable offences are more serious than those that the Magistrates Court is allowed to hear.

It deals with more serious civil disputes. These disputes may involve not only individuals and companies (as in the Magistrates Court), but also the Government. It hears all appeals from decisions made in the Magistrates Court.

There are District Courts in Brisbane, Rockhampton, Townsville, Cairns, Southport, Ipswich, Beenleigh and Maroochydore. At certain times of the year, District Court Judges hold Court
sitting in other centres.

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

Who makes the decisions in the District Court?

In a criminal trial, a Jury decides questions of fact (that is, whether an accused person is guilty or not guilty), and a District Court Judge decides questions of Law (such as whether certain evidence is admissible).

The Judge makes sure that proceedings are in keeping with the Law and passes sentence if the Jury reaches a verdict of Guilty.

The Jury consists of 12 people selected at random from the community. All 12 must agree on the verdict.

After both sides have presented their evidence and closed their cases, the Judge sums up. During the summing up, the Judge will direct the Jury on the law and comment on the evidence.

The Judge may explain to the Jury what evidence can and cannot be considered, or what types of verdicts can be given. The Jury is then asked to retire to the Jury Room to discuss the case and consider its verdict.

In a civil case, it is usually a Judge who decides the case. If there is a Jury, only four jurors are required.

If one disagrees with the others, the Judge can take the verdict of the three who agree.

In a civil case where there is no jury, the Judge explains the reasons for his or her decision.

The Judge, who usually wears robes and a wig, is called 'Your Honour' in Court.

Who else attends court?

In a criminal case, the person charged with the offence, who is referred to as 'The Defendant' or 'The Accused', is present throughout the trial and is accompanied by a Prison Officer.

The Defendant is generally represented by two lawyers: a barrister in wig and black robes, who is known as the defence counsel, and a solicitor who assists the counsel.

A prosecutor from the Office of the Director of Public Prosecutions, which is part of the Queensland Department of Justice and Attorney General, presents the evidence against the accused. (In some cases those dealing with Commonwealth Law, the Commonwealth Director of Public Prosecutions conducts the case against the accused.)

The defendant's lawyer and the prosecutor sit at the long table near the centre of the courtroom, with the prosecutor at the right hand end.

In a civil dispute, there is no prosecutor. Both the Plaintiff and the Defendant, usually with their lawyers, go to court to present their side of the dispute and argue matters of law.

Sometimes, in both criminal and civil cases, people choose to represent themselves. Each side is entitled to call witnesses to support their versions of events.

Other court staff include a Judge's Associate, often a law student or a young lawyer. The associate wears a plain black robe and no wig, and sits at the front of the courtroom below the Judge. The associate assists the Judge in various ways, such as reading certain documents to the court.

The Bailiff or Court Orderly calls witnesses into the courtroom and administers the Oath or Affirmation. The Bailiff looks after the Jury, announces the beginning and end of Court sessions and helps to make proceedings run smoothly.

Court Reporters record the proceedings on audio tape or a on shorthand machine.

The District Court is open to members of the public and the media. However, as with the Magistrates Court, access to the hearing and media reporting of the case may be restricted if, for example, a defendant is under 17 years of age.

The court operates under strict rules, and everyone behaves very formally. The Judge controls proceedings according to law. The Bailiff or Court Orderly relays the Judge's instructions and gives certain directions (such as telling everyone to rise when the Judge enters the courtroom), and the defence barrister and the prosecutor use set phrases, such as 'May it please the Court', and 'My learned colleague'.

What happens with criminal cases in the District Court?

Under Queensland Law, all criminal cases must first be brought before a Magistrates Court. However, a Magistrate is not authorised to deal with very serious criminal offences.

Serious criminal offences, such as armed robbery, rape or dangerous driving, are indictable and must be committed (sent) to a higher court for' Trial by Jury,'or for sentencing if the defendant has pleaded guilty in the earlier Magistrates Court hearing.

Defendants who have been committed to the District Court are held in prison until their Trial if a Judge or Magistrate feels that they might be a danger to the community or themselves. This is called being 'remanded in custody'.

In some cases, the defendant is released on bail. Bail is a promise to come back to court on the day set for the trial and to fulfil other conditions, such as reporting to police regularly or having someone put up money or property on the defendant's behalf to guarantee their appearance in court.

At the trial, each side presents its case, first the prosecution then the defence. Witnesses who are called to support their claims may be questioned by either side.

When all of the evidence has been presented, the Jury, under direction from the Judge, is asked to decide whether the defendant is Guilty or Not Guilty. If, after a reasonable period of time, the jurors cannot reach a verdict, the Judge discharges them and may order a new trial. A Jury that cannot agree is called a 'Hung Jury'.

If the verdict is 'not guilty', the defendant is acquitted and set free.

If the verdict is 'guilty', the Judge will sentence the defendant. District Court Judges have the power to impose a wide range of orders and sentences, including prison terms, fines and unpaid community service.

What happens with civil cases in the District Court?

Unlike criminal cases, a civil action can be heard in the District Court without any previous hearing in the Magistrates Court. However, the amount in dispute must be between $50,000 and $250,000.

Lawyers for both sides present their cases, first for the plaintiff who is making the claim, and then for the defendant. Witnesses who are called to back up their versions of events may be questioned by either side.

Juries can be used to decide civil cases, though in practice only a small number of disputes, such as those involving defamation, are settled this way. When a Jury is not used, the Judge alone makes the decision.

There are no 'Guilty' or 'Not Guilty' verdicts in civil cases. The Judge may order one side to pay the other an amount of money or to rectify the problem that has led to the dispute.

Can the parties appeal if they think the decision is unfair ?

Yes. In certain circumstances either party may appeal against decisions or sentences given by the District Court.

They cannot appeal just because they didn't like the judge's decision. They can only appeal if new evidence has come to light or they believe that the Judge made an error of Law that affected the outcome of the trial. An appeal is not a chance to retry the whole case.

Appeals are to the Court of Appeal, which is part of the Supreme Court. Strict time limits apply in which an appeal may be lodged.

After the appeal, the Court of Appeal may refer the case back to the District Court.

What other areas of responsibility does the District Court have?

The Childrens Court of Queensland is a special District Court that deals with serious cases involving defendants under 17 years of age. There is no jury. A District Court Judge makes all decisions. (This court is not the same as the Childrens Court, which is a specially constituted Magistrates Court that deals with less serious cases where the defendant in under 17.)

The Planning and Environment Court, which is also part of the District Court, hears disputes about town planning, land subdivision and rezoning.