QUEENSLAND CRIMINAL LAW GUIDE
Queensland Criminal Law (FAQs)
If you’ve been charged, received a Notice to Appear, or you’re trying to understand what happens next, this page gives you clear, plain-English explanations of the Queensland criminal court system and the questions people search most. It covers the different courts (Magistrates, District, Supreme and the Childrens Court), how matters move through the system (including mentions, bail and committals), and what common outcomes can look like (guilty pleas, hearings/trials, sentencing and appeals).
You’ll also find quick answers on practical topics like bail and conditions, police powers and your rights, driving and traffic offences, domestic violence orders and breaches, youth justice, criminal records/spent convictions, and sentencing options—all written to help everyday people understand the process before they dive into the detailed answers. CLICK HERE for General Court Facts, HERE for Court Process Questions, HERE for Bail Questions, HERE for Questions about Police Powers, HERE for Sentencing Questions, HERE for Appeals Information, HERE for Youth Justice, HERE for Domestic Violence Related Questions, HERE for Drink and HERE for Drug Driving Offences 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” A. GENERAL COURT PROCESS QUESTIONS 1. 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. 2. Do I need a lawyer for my first mention?You are not legally required to have one, but most people choose to get advice. 3. Will I go to jail at my first appearance?Usually no. Jail is only imposed after sentencing, not at a mention. 4. What happens if I miss my court date?A warrant may be issued and you may be charged with failing to appear. 5. What is an adjournment?A delay of the case to allow more time for legal advice, evidence, or negotiations. 6. What is a summary offence?A less serious charge heard in the Magistrates Court. 7. What is an indictable offence?A more serious charge usually decided in the District or Supreme Court. 8. What does “heard summarily” mean?An indictable offence being dealt with in the Magistrates Court. 9. What is a summary trial?A trial in the Magistrates Court with a Magistrate, no jury. 10. What is a jury trial?A trial in the District or Supreme Court where 12 jurors decide guilt or innocence. 11. How long do criminal cases take?Anywhere from weeks to over a year depending on complexity. 12. What is a brief of evidence?A package of evidence from police including statements, CCTV, bodycam, and exhibits. 13. Can I get the police bodycam footage?Yes—your lawyer must request it from police prosecution. 14. Can charges be dropped?Yes, if evidence is weak or negotiations are successful. 15. What is a case conference?A discussion between defence and prosecution to negotiate charges or resolution. 16. What is a plea of guilty?Telling the court you accept responsibility for the offence. 17. What is a plea of not guilty?You dispute the charges and the matter goes to trial. 18. What is a sentencing hearing?A hearing where the court decides the penalty after a guilty plea or conviction. 19. What does “beyond reasonable doubt” mean?The prosecution must prove guilt to a very high standard in criminal trials. 20. What does “balance of probabilities” mean?A lower civil standard meaning “more likely than not.” B. BAIL QUESTIONS 21. What is bail?Permission to stay in the community while the case is ongoing. 22. What is watchhouse bail?Police grant bail at the watchhouse before court. 23. What is court bail?Bail granted by a Magistrate or Judge. 24. What is a surety?A person who agrees to pay money if you fail to attend court. 25. What is a “show cause” offence?Serious charges where the accused must convince the court why bail should be granted. 26. What conditions can be placed on bail?Curfews, reporting, no-contact orders, drug testing, address restrictions. 27. What happens if I breach bail?You can be charged with breaching bail and bail may be revoked. 28. Can I change my bail conditions?Yes—through a bail variation application. C. POLICE POWERS & RIGHTS 29. Do I have to speak to police?You only need to give your name and address unless law requires more. 30. Do I have to go to a police interview?No—interviews are voluntary. 31. Should I answer police questions?You can politely decline until you speak to a lawyer. 32. Can police search me without a warrant?Yes in certain circumstances, like reasonable suspicion of drugs or weapons. 33. Can police search my car?Yes, if they have reasonable suspicion you have contraband. 34. Can police search my home?Only with a warrant or in special circumstances (DV incidents, emergencies, arrests). 35. Do I have to give police my phone password?Only in limited circumstances—get legal advice immediately. 36. What happens if I am arrested?You have rights to silence, medical care, and legal advice. D. SENTENCING QUESTIONS 37. What factors affect sentencing?Seriousness, harm, criminal history, early plea, rehabilitation. 38. What is a good behaviour bond?A promise to be of good behaviour for a set period. 39. What is probation?A supervised order with conditions such as counselling. 40. What is community service?Unpaid work ordered by the court. 41. What is a suspended sentence?A prison sentence you don’t serve unless you reoffend. 42. What is an intensive corrections order?A prison sentence served in the community under strict supervision. 43. What is parole?Part of a prison sentence served in the community. 44. Can I get no conviction recorded?Yes—depending on your circumstances and the offence. E. APPEALS & RECORDS 45. Can I appeal my sentence?Yes—usually within 28 days. 46. Can I appeal my conviction?Yes—if there was an error. 47. How long does a conviction stay on my criminal record?It depends on the offence and whether a conviction was recorded. 48. What is a spent conviction?A conviction that no longer appears on standard record checks after a certain period. F. YOUTH JUSTICE QUESTIONS 49. Will a young person get a criminal record?Youth offences are treated differently and often do not result in a permanent record. 50. What is restorative justice?A meeting between victim and offender to resolve harm. 51. Can a child get bail?Yes—youth bail laws emphasise rehabilitation. 52. Does a youth offence go to the adult Magistrates Court?No—youth matters go to the Childrens Court. G. DOMESTIC VIOLENCE QUESTIONS 53. What is the difference between a DVO and a criminal charge?A DVO is civil; breaching it is criminal. 54. What is a protection order?A court order to prevent domestic violence. 55. What happens if I breach a DVO?It is a criminal offence and can lead to jail. H. DRIVING OFFENCE QUESTIONS 56. Can I get a work licence?Yes—but only for certain drink driving offences. 57. What is drug driving?Driving with illegal drugs present in saliva/blood. 58. What is dangerous operation of a vehicle?Driving in a way that endangers others. I. DRUG OFFENCE QUESTIONS 59. What is drug possession?Having illegal drugs in your control. 60. What is drug supply?Giving drugs to another person, even without money. 61. What is drug trafficking?Serious ongoing supply of drugs, usually heard in higher courts. 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.
You’ll also find quick answers on practical topics like bail and conditions, police powers and your rights, driving and traffic offences, domestic violence orders and breaches, youth justice, criminal records/spent convictions, and sentencing options—all written to help everyday people understand the process before they dive into the detailed answers. CLICK HERE for General Court Facts, HERE for Court Process Questions, HERE for Bail Questions, HERE for Questions about Police Powers, HERE for Sentencing Questions, HERE for Appeals Information, HERE for Youth Justice, HERE for Domestic Violence Related Questions, HERE for Drink and HERE for Drug Driving Offences 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” A. GENERAL COURT PROCESS QUESTIONS 1. 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. 2. Do I need a lawyer for my first mention?You are not legally required to have one, but most people choose to get advice. 3. Will I go to jail at my first appearance?Usually no. Jail is only imposed after sentencing, not at a mention. 4. What happens if I miss my court date?A warrant may be issued and you may be charged with failing to appear. 5. What is an adjournment?A delay of the case to allow more time for legal advice, evidence, or negotiations. 6. What is a summary offence?A less serious charge heard in the Magistrates Court. 7. What is an indictable offence?A more serious charge usually decided in the District or Supreme Court. 8. What does “heard summarily” mean?An indictable offence being dealt with in the Magistrates Court. 9. What is a summary trial?A trial in the Magistrates Court with a Magistrate, no jury. 10. What is a jury trial?A trial in the District or Supreme Court where 12 jurors decide guilt or innocence. 11. How long do criminal cases take?Anywhere from weeks to over a year depending on complexity. 12. What is a brief of evidence?A package of evidence from police including statements, CCTV, bodycam, and exhibits. 13. Can I get the police bodycam footage?Yes—your lawyer must request it from police prosecution. 14. Can charges be dropped?Yes, if evidence is weak or negotiations are successful. 15. What is a case conference?A discussion between defence and prosecution to negotiate charges or resolution. 16. What is a plea of guilty?Telling the court you accept responsibility for the offence. 17. What is a plea of not guilty?You dispute the charges and the matter goes to trial. 18. What is a sentencing hearing?A hearing where the court decides the penalty after a guilty plea or conviction. 19. What does “beyond reasonable doubt” mean?The prosecution must prove guilt to a very high standard in criminal trials. 20. What does “balance of probabilities” mean?A lower civil standard meaning “more likely than not.” B. BAIL QUESTIONS 21. What is bail?Permission to stay in the community while the case is ongoing. 22. What is watchhouse bail?Police grant bail at the watchhouse before court. 23. What is court bail?Bail granted by a Magistrate or Judge. 24. What is a surety?A person who agrees to pay money if you fail to attend court. 25. What is a “show cause” offence?Serious charges where the accused must convince the court why bail should be granted. 26. What conditions can be placed on bail?Curfews, reporting, no-contact orders, drug testing, address restrictions. 27. What happens if I breach bail?You can be charged with breaching bail and bail may be revoked. 28. Can I change my bail conditions?Yes—through a bail variation application. C. POLICE POWERS & RIGHTS 29. Do I have to speak to police?You only need to give your name and address unless law requires more. 30. Do I have to go to a police interview?No—interviews are voluntary. 31. Should I answer police questions?You can politely decline until you speak to a lawyer. 32. Can police search me without a warrant?Yes in certain circumstances, like reasonable suspicion of drugs or weapons. 33. Can police search my car?Yes, if they have reasonable suspicion you have contraband. 34. Can police search my home?Only with a warrant or in special circumstances (DV incidents, emergencies, arrests). 35. Do I have to give police my phone password?Only in limited circumstances—get legal advice immediately. 36. What happens if I am arrested?You have rights to silence, medical care, and legal advice. D. SENTENCING QUESTIONS 37. What factors affect sentencing?Seriousness, harm, criminal history, early plea, rehabilitation. 38. What is a good behaviour bond?A promise to be of good behaviour for a set period. 39. What is probation?A supervised order with conditions such as counselling. 40. What is community service?Unpaid work ordered by the court. 41. What is a suspended sentence?A prison sentence you don’t serve unless you reoffend. 42. What is an intensive corrections order?A prison sentence served in the community under strict supervision. 43. What is parole?Part of a prison sentence served in the community. 44. Can I get no conviction recorded?Yes—depending on your circumstances and the offence. E. APPEALS & RECORDS 45. Can I appeal my sentence?Yes—usually within 28 days. 46. Can I appeal my conviction?Yes—if there was an error. 47. How long does a conviction stay on my criminal record?It depends on the offence and whether a conviction was recorded. 48. What is a spent conviction?A conviction that no longer appears on standard record checks after a certain period. F. YOUTH JUSTICE QUESTIONS 49. Will a young person get a criminal record?Youth offences are treated differently and often do not result in a permanent record. 50. What is restorative justice?A meeting between victim and offender to resolve harm. 51. Can a child get bail?Yes—youth bail laws emphasise rehabilitation. 52. Does a youth offence go to the adult Magistrates Court?No—youth matters go to the Childrens Court. G. DOMESTIC VIOLENCE QUESTIONS 53. What is the difference between a DVO and a criminal charge?A DVO is civil; breaching it is criminal. 54. What is a protection order?A court order to prevent domestic violence. 55. What happens if I breach a DVO?It is a criminal offence and can lead to jail. H. DRIVING OFFENCE QUESTIONS 56. Can I get a work licence?Yes—but only for certain drink driving offences. 57. What is drug driving?Driving with illegal drugs present in saliva/blood. 58. What is dangerous operation of a vehicle?Driving in a way that endangers others. I. DRUG OFFENCE QUESTIONS 59. What is drug possession?Having illegal drugs in your control. 60. What is drug supply?Giving drugs to another person, even without money. 61. What is drug trafficking?Serious ongoing supply of drugs, usually heard in higher courts. 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.