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Introduction

The Supreme Court is the highest Court in Queensland.

It comprises a Trial Division, which deals with the most serious criminal and civil cases, and the Court of Appeal, which hears appeals from the Trial Division and the District Court.

The Supreme Court hears criminal cases such as murder, attempted murder, treason and major drug offences.

The Supreme Court also deals with civil cases where the claim exceeds $250,000, or when people dispute State Government decisions that affect them.

The .Supreme Court is located in Brisbane, Rockhampton, Townsville and Cairns. Justices of the Supreme Court also go on circuit, holding sessions in other centres at certain times of the year.

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

Who makes the decisions in the Supreme Court?

In a criminal trial, a Jury decides questions of fact (that is, whether an accused person is guilty or not guilty), and a Supreme 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 counsel.

A prosecutor from the Office of the Director of Public Prosecutions, which is part of the Queensland Department of Justice and Attorney General, or the Commonwealth Director of Public Prosecutions, presents the evidence 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 includes 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 on a shorthand machine.

The Supreme Court is open to members of the public and the media. However, as with the Magistrates and District Court, access to the hearing and media reporting of the case may be restricted if, for example, children are involved.

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 Supreme 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.

The most serious crimes 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.

Many defendants are held in prison until their trial because the Judge or Magistrate believes that they might be a danger to the community or themselves. This is called being 'Remanded in Custody'. Police or Prison Officers bring the defendant from the remand centre to the Court for each day of the trial.

In some cases, the defendant is released on bail. If the defendant is charged with murder, the bail application must be made directly to the Supreme Court. Bail is a promise to come back to court on a particular day and to fulfil other conditions, such as reporting to police regularly or having someone put up money or property on the defendant's behalf.

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 may discharge them and 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. Supreme Court Judges have the power to impose a range of orders and sentences, including life imprisonment.

What happens with civil cases in the Supreme Court?

Unlike criminal cases, a civil action can be heard in the Supreme Court without any previous hearing in the Magistrates Court. However, the amount in dispute must be more than $250 000. There is no upper monetary limit.

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 Supreme Court.

They cannot appeal just because they do not 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 re-try the whole case.

Appeals are made to the Court of Appeal.

There are strict time limits within which an appeal may be lodged.

What is special about the Court of Appeal?
The Court of the Appeal hears all appeals from the District and Supreme Courts and many tribunals. However, it does not automatically grant every request for an appeal, only those that have some chance of success. It does not hear entire cases or have a jury. It deals only with the subject of the appeal.

The Court of Appeal is made up of 3 or 5 Judges of the Supreme Court, who consider the grounds of the appeal and make a judgment. The panel of Justices listens to the arguments by the opposing sides and decides whether an error of law was made or some crucial fact was overlooked in the original hearing.

The Court of Appeal can uphold the decision of a lower court or tribunal, or agree with the grounds of the appeal.

If the original decision is upheld, nothing changes. If the appeal is upheld, the Judges can order a retrial.

If the appeal is against a sentence, the court can make it heavier or lighter.