Queensland has a court hierarchy comprising three tiers. All
criminal charges commence in the Magistrates Court, which considers
bail, resolves simple offences and commits the more serious offences to
either the District or Supreme Court. These higher courts also have an
appellate jurisdiction and can resolve both factual and sentencing
disputes. The bulk of criminal appeals however are determined before a
panel of three to five Supreme Court judges who comprise the Court of
Appeal.
MAGISTRATE COURT:
The Magistrates Court is the first Court in the Queensland Criminal court hierarchy. All criminal and traffic charges are commenced in this jurisdiction. Generally for less serious matters this process will originate by either a Notice to Appear or by way of a Complaint and Summons. More serious charges will begin with an arrest and an application for bail.
A Magistrate has the power to grant bail in relation to all offences except an offence carrying imprisonment for life, which cannot be mitigated or varied under the Criminal Code or any other law or an indefinite sentence under the Penalties and Sentences Act 1992, part 10.
Statistics demonstrate the Magistrates Court are the busiest Court in the State. In the 2009-2010 financial year the Magistrates Court finalised 170,685 defendants. This compares to 5,457 defendants finalised in Queensland Higher Courts,
The Magistrates Court largely conducts summary offences such as traffic infringements, shoplifting, and public nuisance matters. In some instances the court determines less serious indictable offences involving burglary, assault, fraud and drugs.
A Magistrate is a unique judicial position in that they are required to decide both the relevant law and the facts of a disputed matter. The Magistrates Court does not have the benefit of a jury to determine the facts of a case.
For more serious offences, the Magistrate has the administrative function of determining whether there is sufficient evidence to place an accused on trial in a higher court. Where the Magistrate determines that there is insufficient evidence they have a power to dismiss the charge. Where however, the court determines that there is a prima facie case they must commit the accused to either the District or Supreme Court for trial.
DISTRICT COURT:
The District Court determines more serious indictable charges such as rape, armed robbery, fraud and some drug matters. Matters generally proceed to this jurisdiction following an administrative consideration by a Magistrate in the lower court. This process is known as a Committal Hearing and in some instances means that there has already been cross-examination conducted on the prosecution witnesses.
Unlike the Magistrate Court, where the Police prosecute matters, charges in this jurisdiction are prosecuted by the Director of Public Prosecutions. In some cases the DPP has a discretion to present an ex officio indictment to commence proceedings. The Director may do this even though a Magistrate has previously determined that there was insufficient evidence to commit the accused.
Charges in this jurisdiction are commenced when the Director of Public Prosecutions presents an Indictment to the Court.
If a matter proceeds to a trial then the facts will be determined by a Jury and the law by the Judge. Once the jury determines whether the Defendant is guilty or not guilty of an offence their duty is completed and they take no further role in the proceedings. If the accused is found guilty of the offence the trial judge will determine the sentence.
The District Court also has an appellate jurisdiction and can hear appeals of decisions and sentences imposed in the Magistrates Court.
SUPREME COURT:
The Supreme Court determines the most serious indictable charges including murder, manslaughter and serious drug charges.
As in the District Court matters proceed to this jurisdiction from the Magistrates Court, by way of an ex-officio Indictment or Committal Hearing. The Director of Public Prosecutions has carriage of the prosecution of matters in this jurisdiction.
Again, as in the District Court, if a matter proceeds to a trial then the facts will be determined by a Jury and the law by the Judge.
The Supreme Court has a power to grant bail in relation to all criminal charges, including those offences where a Magistrate is restrained from considering the application. Where an accused feels aggrieved by the decision of a Magistrate or District Court Judge to refuse bail, they can have the application re-heard before a Supreme Court Judge.
COURT OF APPEAL:
The Court of Appeal determines criminal appeals from the District and Supreme Courts. The appeal is a review of the Courts decision or an appeal that the sentence imposed was either manifestly excessive or manifestly inadequate.
Matters proceed to this jurisdiction from the District Court or Supreme Court, by way of a Notice of Appeal. Either an accused person or by the Director of Public Prosecutions, may bring an appeal against sentence. Such application must generally be commenced within a limited time frame, although in some cases an application may be brought, with the leave of the Court, out of time.
The Court of Appeal is comprised of a panel of three to five Supreme Court judges, depending on the nature of the matters raised in the notice of appeal.
Each of the courts plays an important role in the overall process. It is imperative that those charged with a criminal or traffic offences have an acute awareness of the process involved in each of the courts and where charges will ultimately resolve. It is also important to note where rights of appeal lay.
MAGISTRATE COURT:
The Magistrates Court is the first Court in the Queensland Criminal court hierarchy. All criminal and traffic charges are commenced in this jurisdiction. Generally for less serious matters this process will originate by either a Notice to Appear or by way of a Complaint and Summons. More serious charges will begin with an arrest and an application for bail.
A Magistrate has the power to grant bail in relation to all offences except an offence carrying imprisonment for life, which cannot be mitigated or varied under the Criminal Code or any other law or an indefinite sentence under the Penalties and Sentences Act 1992, part 10.
Statistics demonstrate the Magistrates Court are the busiest Court in the State. In the 2009-2010 financial year the Magistrates Court finalised 170,685 defendants. This compares to 5,457 defendants finalised in Queensland Higher Courts,
The Magistrates Court largely conducts summary offences such as traffic infringements, shoplifting, and public nuisance matters. In some instances the court determines less serious indictable offences involving burglary, assault, fraud and drugs.
A Magistrate is a unique judicial position in that they are required to decide both the relevant law and the facts of a disputed matter. The Magistrates Court does not have the benefit of a jury to determine the facts of a case.
For more serious offences, the Magistrate has the administrative function of determining whether there is sufficient evidence to place an accused on trial in a higher court. Where the Magistrate determines that there is insufficient evidence they have a power to dismiss the charge. Where however, the court determines that there is a prima facie case they must commit the accused to either the District or Supreme Court for trial.
DISTRICT COURT:
The District Court determines more serious indictable charges such as rape, armed robbery, fraud and some drug matters. Matters generally proceed to this jurisdiction following an administrative consideration by a Magistrate in the lower court. This process is known as a Committal Hearing and in some instances means that there has already been cross-examination conducted on the prosecution witnesses.
Unlike the Magistrate Court, where the Police prosecute matters, charges in this jurisdiction are prosecuted by the Director of Public Prosecutions. In some cases the DPP has a discretion to present an ex officio indictment to commence proceedings. The Director may do this even though a Magistrate has previously determined that there was insufficient evidence to commit the accused.
Charges in this jurisdiction are commenced when the Director of Public Prosecutions presents an Indictment to the Court.
If a matter proceeds to a trial then the facts will be determined by a Jury and the law by the Judge. Once the jury determines whether the Defendant is guilty or not guilty of an offence their duty is completed and they take no further role in the proceedings. If the accused is found guilty of the offence the trial judge will determine the sentence.
The District Court also has an appellate jurisdiction and can hear appeals of decisions and sentences imposed in the Magistrates Court.
SUPREME COURT:
The Supreme Court determines the most serious indictable charges including murder, manslaughter and serious drug charges.
As in the District Court matters proceed to this jurisdiction from the Magistrates Court, by way of an ex-officio Indictment or Committal Hearing. The Director of Public Prosecutions has carriage of the prosecution of matters in this jurisdiction.
Again, as in the District Court, if a matter proceeds to a trial then the facts will be determined by a Jury and the law by the Judge.
The Supreme Court has a power to grant bail in relation to all criminal charges, including those offences where a Magistrate is restrained from considering the application. Where an accused feels aggrieved by the decision of a Magistrate or District Court Judge to refuse bail, they can have the application re-heard before a Supreme Court Judge.
COURT OF APPEAL:
The Court of Appeal determines criminal appeals from the District and Supreme Courts. The appeal is a review of the Courts decision or an appeal that the sentence imposed was either manifestly excessive or manifestly inadequate.
Matters proceed to this jurisdiction from the District Court or Supreme Court, by way of a Notice of Appeal. Either an accused person or by the Director of Public Prosecutions, may bring an appeal against sentence. Such application must generally be commenced within a limited time frame, although in some cases an application may be brought, with the leave of the Court, out of time.
The Court of Appeal is comprised of a panel of three to five Supreme Court judges, depending on the nature of the matters raised in the notice of appeal.
Each of the courts plays an important role in the overall process. It is imperative that those charged with a criminal or traffic offences have an acute awareness of the process involved in each of the courts and where charges will ultimately resolve. It is also important to note where rights of appeal lay.
Criminal law is a unique and complex area of legal practice. It
requires an understanding of a myriad of relevant laws, court procedure
and an ability to advocate on behalf of your client.
Michael Gatenby established Gatenby Criminal Lawyers as a boutique criminal law firm to provide strategic representation for those charged with criminal or traffic offences. We understand criminal practice, its all we do.
When your liberty and reputation is at stake, you should demand a lawyer with the skills and commitment to provide your fearless defence.
Visit our website http://www.gatenbylaw.com.au or contact us for advice (07)55800120. We regularly appear in all Queensland Courts and travel interstate by appointment.
Michael Gatenby established Gatenby Criminal Lawyers as a boutique criminal law firm to provide strategic representation for those charged with criminal or traffic offences. We understand criminal practice, its all we do.
When your liberty and reputation is at stake, you should demand a lawyer with the skills and commitment to provide your fearless defence.
Visit our website http://www.gatenbylaw.com.au or contact us for advice (07)55800120. We regularly appear in all Queensland Courts and travel interstate by appointment.
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