COURT PROCESS FAQs

 A. GENERAL COURT PROCESS QUESTIONS
What happens at a first court mention in Queensland?It’s an administrative hearing to check the charges, deal with bail, and set next steps.
Do I need a lawyer for my first mention?You are not legally required to have one, but most people choose to get advice.
Will I go to jail at my first appearance?Usually no. Jail is only imposed after sentencing, not at a mention.
What happens if I miss my court date?A warrant may be issued and you may be charged with failing to appear.
What is an adjournment?A delay of the case to allow more time for legal advice, evidence, or negotiations.
What is a summary offence?A less serious charge heard in the Magistrates Court.
What is an indictable offence?A more serious charge usually decided in the District or Supreme Court.
What does “heard summarily” mean?An indictable offence being dealt with in the Magistrates Court.
What is a summary trial?A trial in the Magistrates Court with a Magistrate, no jury.
What is a jury trial?A trial in the District or Supreme Court where 12 jurors decide guilt or innocence.
How long do criminal cases take?Anywhere from weeks to over a year depending on complexity.
What is a brief of evidence?A package of evidence from police including statements, CCTV, bodycam, and exhibits.
Can I get the police bodycam footage?Yes—your lawyer must request it from police prosecution.
Can charges be dropped?Yes, if evidence is weak or negotiations are successful.
What is a case conference?A discussion between defence and prosecution to negotiate charges or resolution.
What is a plea of guilty?Telling the court you accept responsibility for the offence.
What is a plea of not guilty?You dispute the charges and the matter goes to trial.
What is a sentencing hearing?A hearing where the court decides the penalty after a guilty plea or conviction.
What does “beyond reasonable doubt” mean?The prosecution must prove guilt to a very high standard in criminal trials.
What does “balance of probabilities” mean?A lower civil standard meaning “more likely than not.”
 
Note: The information on this page is general in nature and isn’t legal advice. For advice about your specific situation, get legal advice from a lawyer.