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Justices Act 1886 – 1 December 2015

Justices Regulation 2014 – 1 July 2015

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Magistrates Courts are continued in existence in Queensland and have jurisdiction to hear civil and criminal matters.

  • Sections 22, 22A, 23EA, 70, 71

An offence not declared to be an indictable offence may be heard and determined ‘summarily’ by a Magistrates Court under the provisions of this Act.

  • Sections 4, 19, 42, 51, 52, 72

Court orders and other records may generally be requested by any person upon payment of a fee.

  • Section 154

The Magistrates Court proceedings for a person in custody will generally be conducted by video or audio link.

  • Sections 178A, 178B, 178C, 178F

A person aggrieved by a court order made under this Act, may generally file an appeal within 1 month to the District Court.

  • Sections 222, 223, 224A
Reason for law

N/A

Relevant links

Forms [Queensland Courts]

Criminal Law Duty Lawyer Handbook [Legal Aid Queensland]

Highlighted practice direction

2015/03 – Proceedings using video link facilities and audio link facilities

Critique

Section 2: notes forming part of an Act is not common for Acts of Parliament.

Section 23EB contains the phrase ‘ex officio indictment’. This phrase is not commonly understood by members of the public.

The heading of section 38 contains the word ‘mandamus’. This word is not commonly understood by members of the public.

Sections 55, 140 and 142 contain the phrase ‘ex parte’. This phrase is not commonly understood by members of the public.

Section 83 contains the phrase ‘subpoena duces tecum’. This phrase is not commonly understood by members of the public.

Section 96 contains the phrase ‘prima facie’. This phrase is not commonly understood by members of the public.

Sections 127, 153, 235 and 236 contain the word ‘certiorari’. This word is not commonly understood by members of the public.

The heading of section 146A contains the phrase ‘in absentia’. This phrase is not commonly understood by members of the public.

Sections 152, 233, 236 and 237 contain the phrase ‘habeas corpus’. This phrase is not commonly understood by members of the public.

Section 177 contains a reference to ‘Her Majesty’ which may be replaced with a modern alternative.

Section 178 contains the word ‘moiety’. This word is not commonly understood by members of the public.

Regulation 21 contains a reference to ‘Sovereign’ which may be replaced with a modern alternative.

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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