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Magistrates Court of Queensland

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The magistrates courts of Queensland are the lowest court in the judicial hierarchy of the Australian state of Queensland.[1] All criminal proceedings in Queensland begin in the magistrates courts, with minor offences being dealt with summarily, and more serious ones being referred to a higher court on the strength of evidence.[1]

Jurisdiction

Civil

A magistrates court has the jurisdiction to decide on civil matters for which the amount in dispute is less than or equal to $150,000.[2] Civil matters in which the amount in dispute is more than $150,000 are decided by either the District Court or the Supreme Court.[2]

Criminal

A magistrates court has the jurisdiction to decide on charges of summary offences, and indictable offence which may be heard summarily.[2]

The magistrates courts 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.[2]

Procedure

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 17 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

References

  1. ^ a b Department of Justice and Attorney-General (Queensland) (2012). "Magistrates Courts". Government of Queensland. Retrieved 15 June 2012.
  2. ^ a b c d Department of Justice and Attorney-General (Queensland) (2010). "Magistrates Court of Queensland" (PDF). Government of Queensland. Retrieved 15 June 2012.