GENERAL COURT FAQs
1. What criminal courts exist in Queensland?Queensland has four main criminal courts:Magistrates CourtHandles most criminal matters, including bail, pleas, and summary trials.District CourtHandles serious indictable offences (except the most serious) and appeals from the Magistrates Court.Supreme CourtHandles the most serious criminal charges.Childrens Court & Childrens Court of QueenslandDeals with criminal charges involving young people under 18. 2. What offences are heard in the Magistrates Court?The Magistrates Court deals with:• All summary offences• Many indictable offences dealt with summarily• Bail applications• Committal proceedings for serious mattersExamples:Drink driving, simple drug possession, public nuisance, minor assaults, unlawful entry (certain types), some fraud and property offences. 3. What is a summary offence in Queensland?A summary offence is a less serious charge dealt with by a Magistrate, without a jury.They usually carry lower penalties and are finalised quickly. 4. What is an indictable offence?Indictable offences are more serious crimes and usually require a trial in the District or Supreme Court.Some less-serious indictable offences can still be heard in the Magistrates Court. 5. What is a committal hearing?A committal hearing takes place in the Magistrates Court to decide whether there is enough evidence to send a case to the District or Supreme Court for trial.It is not a trial.The Magistrate checks that the prosecution has enough evidence to proceed. 6. What does the District Court deal with?The District Court handles offences such as:• Burglary• Armed robbery• Fraud• Serious assaults• Drug trafficking (certain levels)It also hears appeals from the Magistrates Court. 7. When does a matter go to the Supreme Court?The Supreme Court deals with the most serious criminal matters, including:• Murder• Manslaughter• Major drug trafficking• Serious sexual offences• Terrorism offences 8. What is the Childrens Court?For people under 18 charged with offences.It focuses on rehabilitation and privacy protections.More serious youth matters go to the Childrens Court of Queensland, which is a higher-level court with specialist judges. 9. What is bail and who decides it?Bail is permission to stay in the community while charges are pending.Bail may be decided by:• Police (initial decision)• Magistrates Court (most common)• Supreme Court (for serious matters or bail refusals in lower courts) 10. Can I appeal a decision?Yes.In Queensland:• Magistrates Court decisions → appealed to the District Court• District Court decisions → appealed to the Court of Appeal• Supreme Court trials → appealed to the Court of AppealStrict time limits apply. 11. Will my case go to trial?Most criminal matters in Queensland do not go to trial.They are resolved by:• Negotiation• Case conferencing• Guilty pleas• Summary hearingsOnly a small percentage reach a judge or jury. 12. Do I need a lawyer?Queensland law doesn’t require legal representation, but the criminal process can be complex.Many people seek legal advice to understand:• their rights• possible penalties• how to negotiate charges• whether to plead guilty• whether a matter can be “heard summarily”
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.