Magistrates Court of Queensland: Difference between revisions
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{{Use Australian English|date=August 2016}} |
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{{Use dmy dates|date=August 2016}} |
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{{Infobox court |
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|court_name = Magistrates Court of Queensland |
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|image = Coat of Arms of Queensland.svg |
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|imagesize = 150px |
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|image2 = Brisbane Magistrates Court.jpg |
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|imagesize2 = 250px |
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|caption2 = The [[Brisbane Magistrates Court building]], a location of the Magistrates Court |
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|jurisdiction = {{flag|Queensland}} |
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|location = 130 locations across Queensland |
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|type = [[Governor of Queensland|Vice-regal]] appointment upon nomination by the [[Premier of Queensland|Premier]] following the advice of the [[Attorney-General of Queensland|Attorney-General]] and [[Cabinet (government)|Cabinet]] |
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|authority = [[Queensland Parliament]] via the:<br>{{Cite Legislation AU|QLD|act|mca1921232|Magistrates Courts Act 1921}} |
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|appealsto = [[District Court of Queensland]] |
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|terms = {{nowrap|Mandatory retirement by age 70}} |
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|website ={{URL|http://www.courts.qld.gov.au/courts/magistrates-court|www.courts.qld.gov.au}} |
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|chiefjudgetitle = [[Chief magistrate|Chief Magistrate]] of Queensland |
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|chiefjudgename = [[Judge]] Janelle Brassington <ref name=chief>{{cite web|url=http://www.statements.qld.gov.au/Statement/2019/7/4/new-chief-magistrate-and-magistrate-appointed| title=New Chief Magistrate and Magistrate appointed|date=4 July 2019|access-date=24 February 2020}}//</ref> |
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|termstart = {{start date|2022|07|08|df=y}} |
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|chiefjudgetitle2 = Deputy Chief Magistrate of Queensland |
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|chiefjudgename2 = Anthony Gett & Stephen Courtney <ref name=deputy>{{cite web|url= https://www.courts.qld.gov.au/contacts/judiciary-contacts/magistrates-in-queensland|title=Magistrates in Queensland|date=24 February 2020|access-date=24 February 2020}}</ref> |
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}} |
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{{Queensland_court_hierarchy}} |
{{Queensland_court_hierarchy}} |
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The '''Magistrates Court of Queensland''' is the lowest court in the [[Australian court hierarchy|court hierarchy]] of [[Queensland]], Australia.<ref name=Courts>{{cite web|title=Magistrates Courts|url=http://www.courts.qld.gov.au/courts/magistrates-court|publisher=[[Government of Queensland]]|access-date=4 August 2016|work=Department of Justice and Attorney-General (Queensland)|year=3 August 2016}}</ref> All [[criminal law|criminal]] proceedings in Queensland begin in the Magistrates Court, with minor offences being dealt with [[summary offence|summarily]], and more serious ones being referred to a higher court on the strength of evidence.<ref name=Courts /> Most criminal cases are first heard in the Magistrates Court, as are most [[civil law (common law)|civil]] cases. The Magistrates Court hears approximately 95% of all court cases in Queensland.<ref>{{cite web |url=https://www.qld.gov.au/law/court/courts/magistrates-court/about-magistrates-courts/ |title=About Magistrates Courts |work=Courts |publisher=[[Queensland Government]] |date=5 November 2013 |access-date=4 August 2016 }}</ref> |
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The '''Magistrates Court of Queensland''' is the lowest court for the [[Australian]] state of [[Queensland]]. The court is the first stop in many criminal and civil actions and deal with minor criminal and civil matters. The court may also decide to send cases brought before it to a higher court in the court hierarchy. |
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Decisions made by the Magistrates Court may be heard on [[appeal (law)|appeal]] to the [[District Court of Queensland]]. The Magistrates Court does not have an [[appellate jurisdiction]]. |
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In a criminal case a [[police prosecutor]] (usually a [[Sergeant#Australia|sergeant]]) is always present, who gives details of the offence. A prosecutor can also be a lawyer employed by the government to represent the general public's interests in court proceedings against people accused of committing crimes. The [[defendant]] is also present, represented either by a [[solicitor]], [[barrister]] or by himself or herself. |
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The [[Chief magistrate|Chief Magistrate]] of Queensland, since 2022, is [[Judge]] Janelle Brassington.<ref name=chief/> |
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The court has [[jurisdiction]] to deal with civil matters where the amount in dispute from $25000 to $150,000. Disputes less than $25000 go to [[Queensland Civil and Administrative Tribunal|QCAT]]. |
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== |
==Jurisdiction== |
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| ⚫ | Those present at court typically include the [[magistrate]], [[police prosecutor]], [[defendant]], [[plaintiff]] and [[witnesses]] for either [[party]]. It is a condition that those who enter the court bow to the |
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The Magistrates Court has the jurisdiction to decide on civil matters for which the amount in dispute is less than or equal to {{AUD}}150,000.<ref name=Factsheet /> Civil matters in which the amount in dispute is more than $150,000 are decided by either the District Court or the [[Supreme Court of Queensland|Supreme Court]].<ref name=Factsheet /> |
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The Magistrates Court has the jurisdiction to decide on charges of summary offences, and indictable offence which may be heard summarily.<ref name=Factsheet>{{cite web|title=Magistrates Court of Queensland |url=http://www.courts.qld.gov.au/__data/assets/pdf_file/0004/84514/m-fs-magistrates-court-general.pdf |publisher=[[Government of Queensland]] |access-date=15 June 2012 |work=Department of Justice and Attorney-General (Queensland) |year=2010 |url-status=dead |archive-url=https://web.archive.org/web/20140211194850/http://www.courts.qld.gov.au/__data/assets/pdf_file/0004/84514/m-fs-magistrates-court-general.pdf |archive-date=11 February 2014 }}</ref> |
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The Magistrates Court also conducts [[committal procedure|committal hearings]] in which the presiding magistrate decides, based on the strength of the evidence, whether to refer the matter to a higher court.<ref name=Factsheet /> |
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==Procedure== |
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| ⚫ | Those present at court typically include the [[magistrate]], [[police prosecutor]], [[defendant]], [[plaintiff]] and [[witnesses]] for either [[party]]. It is a condition that those who enter the court bow to the Queensland Coat of Arms, situated behind the [[Bench (law)|Bench]], upon entry. Plaintiffs, defendants, their [[counsel]] and witnesses must rise when they wish to address the bench or when addressed by the magistrate. |
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* [http://www.courts.qld.gov.au/98.htm Queensland courts guide] |
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==See also== |
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{{stack|{{Portal|Queensland|Law}}}} |
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* [[Australian court hierarchy]] |
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* [[Judiciary of Australia]] |
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* [[List of Queensland courts and tribunals]] |
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==References== |
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{{reflist}} |
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=== Attribution === |
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* [[File:CC BY icon-80x15.png]] This Wikipedia article incorporates text from [https://www.qld.gov.au/law/court/courts/magistrates-court/about-magistrates-courts/ ''About Magistrates Courts''] published by the [[State of Queensland]] under [https://creativecommons.org/licenses/by/3.0/au/ CC-BY 3.0 AU] licence (accessed on 4 August 2016). |
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* {{Cite Legislation AU|Qld|act|mca1921232|Magistrates Courts Act 1921}} |
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{{Government of Queensland}} |
{{Government of Queensland}} |
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{{Australian Courts}} |
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[[Category:Queensland courts and tribunals]] |
[[Category:Queensland courts and tribunals]] |
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[[Category:Articles incorporating text from the Queensland Government]] |
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Latest revision as of 11:13, 21 September 2023
| Magistrates Court of Queensland | |
|---|---|
 | |
 The Brisbane Magistrates Court building, a location of the Magistrates Court | |
| Jurisdiction |  Queensland |
| Location | 130 locations across Queensland |
| Composition method | Vice-regal appointment upon nomination by the Premier following the advice of the Attorney-General and Cabinet |
| Authorized by | Queensland Parliament via the: Magistrates Courts Act 1921 (QLD) |
| Appeals to | District Court of Queensland |
| Judge term length | Mandatory retirement by age 70 |
| Website | www.courts.qld.gov.au |
| Chief Magistrate of Queensland | |
| Currently | Judge Janelle Brassington [1] |
| Since | 8 July 2022 |
| Deputy Chief Magistrate of Queensland | |
| Currently | Anthony Gett & Stephen Courtney [2] |
| Queensland Court Hierarchy |
|---|
|
| Federal Law Courts |
| Queensland Law Courts |
|
| Tribunals |
The Magistrates Court of Queensland is the lowest court in the court hierarchy of Queensland, Australia.[3] 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.[3] Most criminal cases are first heard in the Magistrates Court, as are most civil cases. The Magistrates Court hears approximately 95% of all court cases in Queensland.[4]
Decisions made by the Magistrates Court may be heard on appeal to the District Court of Queensland. The Magistrates Court does not have an appellate jurisdiction.
The Chief Magistrate of Queensland, since 2022, is Judge Janelle Brassington.[1]
Jurisdiction[edit]
Civil[edit]
The Magistrates Court has the jurisdiction to decide on civil matters for which the amount in dispute is less than or equal to A$150,000.[5] Civil matters in which the amount in dispute is more than $150,000 are decided by either the District Court or the Supreme Court.[5]
Criminal[edit]
The Magistrates Court has the jurisdiction to decide on charges of summary offences, and indictable offence which may be heard summarily.[5]
The Magistrates Court also conducts committal hearings in which the presiding magistrate decides, based on the strength of the evidence, whether to refer the matter to a higher court.[5]
Procedure[edit]
Those present at court typically include the magistrate, police prosecutor, defendant, plaintiff and witnesses for either party. It is a condition that those who enter the court bow to the Queensland Coat of Arms, situated behind the Bench, upon entry. Plaintiffs, defendants, their counsel and witnesses must rise when they wish to address the bench or when addressed by the magistrate.
Members of the media and general public are allowed into the courtroom, except where a party to the proceedings is under 18 in which case the court becomes a child court and the media and public will only have restricted access to the court.
Notable former magistrates[edit]
See also[edit]
References[edit]
- ^ a b "New Chief Magistrate and Magistrate appointed". 4 July 2019. Retrieved 24 February 2020.//
- ^ "Magistrates in Queensland". 24 February 2020. Retrieved 24 February 2020.
- ^ a b "Magistrates Courts". Department of Justice and Attorney-General (Queensland). Government of Queensland. 3 August 2016. Retrieved 4 August 2016.
- ^ "About Magistrates Courts". Courts. Queensland Government. 5 November 2013. Retrieved 4 August 2016.
- ^ a b c d "Magistrates Court of Queensland" (PDF). Department of Justice and Attorney-General (Queensland). Government of Queensland. 2010. Archived from the original (PDF) on 11 February 2014. Retrieved 15 June 2012.
Attribution[edit]
This Wikipedia article incorporates text from About Magistrates Courts published by the State of Queensland under CC-BY 3.0 AU licence (accessed on 4 August 2016).
