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Introduction

The Magistrates Court is the Local Court, and its courthouses are to be found in all cities and most towns in the State. This is where all criminal and many civil cases first enter the court system.

The bulk of these cases are fully dealt with here. About 170,000 criminal cases and over 100,000 civil cases are lodged with the Magistrates Court each year.

However, the Magistrates Court also acts as a clearing house for more serious criminal cases, which are sent for trial to the District and Supreme Courts.

The Magistrates Court is by far the busiest Court in the State.

Who makes the decisions in the Magistrates Court?

A Magistrate makes all judgments and decisions alone. There is no jury.

In court, a Magistrate is addressed as 'Your Worship', and usually wears plain black robes but no wig.

If someone has been charged with an offence and a Magistrate is not available, for instance in a remote area, two Justices of the Peace can convene a Court to deal with the early stages of the case. In remote indigenous communities, they have the power to conduct a committal hearing (to send the case to a higher court), hear simple offences, and hear certain more serious offences where the person charged has pleaded guilty.

Who else attends court?

In a criminal case, there is:

A Magistrate's Clerk, who assists the Magistrate.

A Police Prosecutor, who gives details of the charge to the Court.

A Defendant, the person accused of the offence, who may be represented by a Lawyer or choose to face Court alone.

A Court Orderly or Bailiff, who calls people into Court and helps witnesses who have to take an Oath or Affirmation.

A Court Reporter, who uses audio tapes or a shorthand machine to record the proceedings.

Witnesses and support people may also be present.

The media and members of the public are usually allowed to attend. However, if a defendant is under 17 years of age, the Court becomes a Children's Court and the Magistrate will restrict access.

Similarly, a Magistrate may order that the Court be closed or certain details withheld from publication for cases involving domestic violence or sexual assault.

In a civil case, there is:

A Plaintiff, the person who files the claim

A Defendant, the person or company being taken to court.

Both parties may be represented by lawyers.

What kind of criminal offences can the Magistrates Court hear?

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

The Magistrate has the power to try the case, on the evidence before the Court, if the person has been charged with a 'Summary' offence, such as a traffic offence, a minor offence (e.g. shop lifting or disorderly behaviour), and/or a less serious burglary, assault, fraud or drug offence. Summary cases are not required by law to be sent to a higher Court for trial by jury.

The Criminal Code and other legislation list the offences that a Magistrates Court can hear.

The Defendant may need to appear before the Magistrate more than once.

The first appearance is called a 'Mention'. A summons, or notice to appear, will advise the defendant when and where to attend Court.

If the defendant pleads guilty at the Mention, the Magistrate will usually make a decision on penalty then and there.

If the defendant pleads not guilty, the Magistrate will set a hearing date, giving both the prosecutor and the defence time to prepare their case and organise witnesses.

At the hearing, the Magistrate will listen to the evidence presented by both sides and decide on the defendant's guilt or innocence.

If found not guilty, the defendant is free to leave the court, and the case is finished. If the defendant is found guilty, the Magistrate will pass sentence.

Magistrates have the power to order a range of sentences, including fines, unpaid community service and Gaol.

What if the person has been charged with a more serious offence?

If the charge is more serious, the Magistrate's task is to decide if the evidence is strong enough to put the person on trial in a higher court. When this happens, the hearing is called a 'Committal' because the Magistrate may commit the accused person to another Court to stand trial.

Serious crimes (known as indictable offences), such as armed robbery, rape and murder, must be sent to the District or Supreme Court to be heard by a jury of 12 people. If the jury finds the accused person guilty, a Judge decides the penalty.

In certain cases, the prosecutor or the accused person (known as the 'Defendant') can choose whether to have the offence dealt with by a Magistrate or by a Jury in the District Court.

What kinds of civil cases can the Magistrates Court hear?

The Magistrates Court hears most civil cases in Queensland. If a person or company wants to sue another for compensation or money owed, the claim should be filed in the Magistrates Court.

It may be for a debt, personal injury, a car accident, defamation, goods sold and delivered, work done or negligence (work or service that should have been done or was done incorrectly).

However, the amount in dispute must be $50,000 or less. (If the amount is greater than $50,000, the claim should be filed in the District or Supreme Court instead.)

Many cases involve a relatively small amount of money, and special sections of the Magistrates Court the Minor Debts Court and the Small Claims Tribunal have been set up to deal with them. Disputes over a debt of $7500 or less go to the Minor Debts Court. If the dispute is about a rental bond, consumer / trader services, or a fence between neighbouring properties, and the value of the remedy is no more than $7500, it goes to the Small Claims Tribunal.

Sometimes, people involved in a civil dispute reach an agreement and settle before they go to Court. If the two sides cannot agree, a hearing date will be set for the case to be heard in the Magistrates Court.

At the hearing, lawyers for both sides present their arguments, using witnesses and any other evidence to back up their claims.

After listening to both sides, the Magistrate makes a decision. The decision usually involves one side paying the other an amount of money. Civil cases do not result in gaol terms.

Domestic violence cases and minor family law matters, such as applications for DNA tests to determine a child's parentage, child maintenance and child protection orders, are heard in the Magistrates Court.

Can the parties appeal if they think the Magistrate's decision is unfair?

Yes, in certain circumstances. All appeals against decisions made in the Magistrates Court are taken to the District Court. An appeal must be lodged within 28 days of the Magistrate's decision.

However, the appeal must be about questions of Law. The Court will not re-examine the evidence or conduct the trial again.

If the appeal is unsuccessful, the dissatisfied party can apply for leave to go to the Court of Appeal.

What else does the Magistrates Court do?

The Magistrates Court covers a number of specialised areas, including:

the Children's Court, for offences committed by minors, and the Coroners Court, for hearing inquiries into deaths that have occurred under unusual circumstances, and fires and explosions even when no one has been killed or injured.