Queensland Consolidated Acts

JUSTICES ACT 1886

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Note in text
   4.      Definitions
   5.      General saving of powers of justices

           Part 3--Jurisdiction

           Division 1--General provisions

   19.     General provision
   20.     Authentication of acts of justices
   21.     Presumption

           Division 2--Magistrates Courts

   22.     Continuance of Magistrates Courts
   22A.    Jurisdiction of Magistrates Courts
   22B.    Magistrates Courts districts
   22C.    Appointment of clerks of the court
   23.     Vacancy in office of clerk of court etc.

           Division 2A--Decentralisation of Magistrates Courts

   23A.    Definitions for div 2A
   23B.    Act has effect subject to division
   23C.    Venue of hearing complaint to be determined subject to this section
   23D.    Power of clerk of the court to adjourn hearings
   23DA.   Further powers of clerk of the court
   23E.    Court or justices may adjourn within or outside district
   23EA.   Additional powers of court or justices

           Division 3--Powers of single justice

   24.     Acts by 1 justice
   25.     After decision 1 justice may issue warrant of execution or commitment
   26.     Warrants of execution after appeal

           Division 4--Hearing and quorum

   27.     Hearing of complaint
   28.     Majority to decide
   29.     When 2 justices required, must be present throughout the case

           Division 5--Magistrates

   30.     Stipendiary magistrates

           Division 6--Extent of jurisdiction

   32.     Justices may act outside jurisdiction
   33.     Warrants of commitment and remand by justices of limited jurisdiction
   35.     Apprehended person may be taken before any justice
   37.     Summons or warrant not avoided by death of justice etc.
   38.     Order in lieu of mandamus
   39.     Power of court to order delivery of certain property

           Division 7--Interruption of proceedings

   40.     Penalty for insulting or interrupting justices

           Part 4--General procedure

           Division 1A--Prosecution disclosure

   41.     Prosecution disclosure

           Division 1--Complaints

   42.     Commencement of proceedings
   43.     Matter of complaint
   46.     Description of persons and property
   47.     What is sufficient description of offence

           Division 2--Amendment of complaints, summonses and warrants

   48.     Amendment of complaint
   49.     Amendment
   50.     Recording of amendment

           Division 3--How complaints are made

   51.     When complaint to be on oath and when not

           Division 4--Limitation of proceedings

   52.     Limitation of proceedings

           Division 5--Summonses

   53.     When justice may issue summons
   53A.    Power, after summons issued, to order mediation
   53B.    Further provision for a summons after mediation is ordered
   54.     Form of summons and filing of complaint and summons
   55.     Ex parte proceedings
   56.     Service of summonses
   56A.    Right of entry to serve summons

           Division 6--Warrants and arrest without warrant

   57.     Cases in which warrants may be issued
   58.     Summons may be issued instead of warrant
   59.     Warrant in the first instance
   60.     Direction of warrant
   62.     What warrants shall order
   63.     Warrant to be in force till executed
   64.     Sunday warrants
   65.     How person arrested without warrant to be dealt with

           Division 6A--Procedures for computer warrants

   66.     Purpose and application of division
   67.     Approved procedures for computer warrants
   68.     Creation of a computer warrant
   69.     Computer version of computer warrant
   69A.    Written version of computer warrant
   69B.    Execution of a computer warrant
   69C.    Further procedure on execution of warrant

           Division 6B--Execution of written warrants using electronic copies or a computer document

   69D.    Application of division
   69E.    Facilitation of execution of written warrant

           Division 7--When courts open

   70.     Open court
   71.     Exclusion of strangers
   71B.    Prohibition on taking photographs, producing pictures or other optical effects

           Division 8--Right to conduct own case or have lawyer

   72.     Lawyer

           Division 9--Evidence

   73.     Evidence how taken
   74.     Prosecutor's and complainant's witnesses
   76.     Proof of negative etc.
   77.     Taking of evidence
   77A.    Views and inspections

           Division 10--Witnesses in general

   78.     Power to issue summons to witness
   79.     After summons warrant
   81.     Warrant in the first instance
   82.     Witness not answering
   83.     Production of documents before justices

           Division 10A--Direction hearing

   83A.    Direction hearing

           Division 11--Remand and adjournment

   84.     Remand of defendant
   85.     Verbal remand
   86.     Bringing up during remand
   88.     Adjournment of the hearing

           Division 12--Committal and recognisance

   89.     Place of committal or detention
   90.     Place to which committal to be made
   91.     Notice to witness
   93.     Adjournment on non-appearance
   94.     Recognisances taken out of court
   94A.    Non-acceptance of sureties
   95.     Forfeited recognisances how to be enforced
   97.     Conveying prisoners to prison

           Division 13--Records of court

   98A.    Records of court

           Part 5--Proceedings in case of indictable offences

           Division 1--Procedure on presentation of information

   99.     Certificate where information is presented
   100.    Warrant thereon
   101.    Committal of person who has been apprehended
   102.    Detainer of prisoner in corrective services facility

           Division 2--Procedure for private complaint

   102A.   Application of provisions
   102B.   Service of summons and particulars on private complaint
   102C.   Application for dismissal of frivolous or vexatious complaints
   102D.   Appeal to Supreme Court from magistrate's decision
   102E.   Further proceedings on a dismissed or struck out complaint prohibited
   102F.   Publication prohibited
   102G.   Dismissal for want of prosecution

           Division 3--Warrant if summons is disobeyed

   103.    Disobedience of summons

           Division 4--Defendant's appearance on private complaint

   103A.   Defendant's appearance upon private complaint

           Division 5--Examination of witnesses

   104.    Proceedings upon an examination of witnesses in relation to an indictable offence
   104A.   Defendant may be excused from certain attendances
   105.    Statement may be put in evidence at trial
   106.    Saving
   108.    Procedure upon a consideration of all the evidence
   109.    One justice
   110.    Justices need not be present during whole examination
   110A.   Use of tendered statements in lieu of oral testimony in committal proceedings
   111.    Depositions of persons dead, absent etc.

           Division 6--Defendant admitting guilt

   113.    Procedure if defendant pleads guilty

           Division 7--Corporation charged with indictable offence

   113A.   Committal proceedings where defendant is a corporation

           Division 8--Action on committal for trial

   121.    Transmission of undertaking as to bail
   123.    Notice to witness
   126.    Transmission of depositions
   127.    Duty of Attorney-General etc.
   128.    Authority of judge
   129.    Recommittal in case of error

           Division 9--Examination of witnesses in another court district

   132.    Examination by justices for an offence committed in another Magistrates Court district
   133.    Remand to another place
   134.    Effect of depositions, undertakings as to bail and notices to witnesses taken, given or ordered to be given elsewhere than at place of committal

           Part 6--Proceedings in case of simple offences and breaches of duty

           Division 1--Venue

   139.    Where summary cases to be heard
   140.    Adjournment to different place

           Division 2--Default by complainant or defendant

   141.    Dismissal or adjournment in absence of complainant
   142.    Proceedings in absence of defendant
   142A.   Permissible procedure in absence of defendant in certain cases
   143.    Adjournment of hearing if warrant to apprehend defendant issued

           Division 3--Hearing

   144.    Both parties appearing
   145.    Defendant to be asked to plead
   146.    Where defendant pleads not guilty
   146A.   Proceeding at the hearing on defendant's confession in absentia
   146B.   Payment to clerk of the court of money recoverable in a summary way
   147.    Justices may proceed to hearing in absence of both or either of the parties
   147A.   Power of justices to reopen proceedings and rectify orders
   148.    Conduct of summary proceedings regulated

           Division 4--Dismissal

   149.    Dismissal of complaint
   150.    Minute of decision to be made and advice sent by post

           Division 5--Convictions and orders

   151.    Formal convictions and orders
   152.    Formal record of conviction not necessary, except for special purposes
   153.    No certiorari order

           Division 6--Supply of copies of record

   154.    Copies of record

           Division 8--Costs

   157.    Costs on conviction or order
   158.    Costs on dismissal
   158A.   Exercise of discretion in relation to an award of costs
   158B.   Costs for division
   159.    The sum allowed for costs to be specified in the conviction or order
   160.    Costs how recoverable

           Division 9--Enforcement of decisions

   161.    Mode of enforcement where no express provision made
   161A.   Mode of levying penalties, moneys or costs
   162.    Power to detain until return of warrant
   163.    Commitment in default of execution
   163A.   When court may order imprisonment in default of execution
   164.    Payment by instalments of, or security taken for payment of, money
   166A.   Power to issue or postpone warrant
   167.    Commitment where execution would be ruinous
   169.    To whom payments to be made
   171.    Effect thereof
   172.    Procedure on execution
   173.    Mitigation of punishment by justices
   174A.   Police officer to execute warrant of commitment when full sum not tendered
   175.    Transfer of jurisdiction as to enforcement of fines etc.
   175A.   Allocation of part payments
   175B.   Order of satisfaction if amounts payable under more than 1 decision
   177.    Remission of penalty
   178.    Power to withhold fines payable to informers

           Division 10--Charge for issuing certain warrants

   178AA.  Warrant may include charge for its issue

           Part 6A--Use of video link facilities

   178A.   Purpose of part
   178B.   Definitions for part
   178C.   Use of video link facilities in proceedings
   178D.   Facility user taken to be before the court
   178E.   Way video link facilities must be operated
   178F.   Facilities for private communication
   178G.   Variation or revocation of order

           Part 7--Reciprocal enforcement of fines against bodies corporate

   179.    Meaning of terms
   180.    Reciprocating States and Territories and reciprocating courts
   181.    Enforcement by Magistrates Court
   182.    Enforcement by reciprocating court

           Part 9--Appeals from the decisions of justices

           Division 1--Appeal to a District Court judge

   221.    Definitions for div 1
   222.    Appeal to a single judge
   222A.   Stay of particular matters
   222B.   Appeal documents must be sent to the relevant registrar
   222C.   Contact details and address for service
   222D.   Duty of relevant registrar to give notice of appeal and appeal hearing
   222E.   Duty of relevant registrar to give notice when particular issues arise
   223.    Appeal generally a rehearing on the evidence
   224.    Powers of judge incidental to appeal
   224A.   Right of appellant to be present
   225.    Powers of judge on hearing appeal
   226.    Costs
   227.    Judge may state case
   228.    Appeal not to be defeated for defect in notice etc.
   228A.   Discontinuance of appeal
   229.    Appeal may be struck out
   230.    Memorandum of judge's determination
   231.    Enforcement of decision
   232.    Costs of appeal
   232A.   Costs for division

           Division 2--General provisions

   233.    Control of Supreme Court over summary convictions
   234.    Amendment
   235.    In cases of certiorari order
   236.    Notice dispensed with
   237.    Power of court or judge to grant bail
   238.    Respecting the amendment of convictions etc.
   239.    Want of summons or complaint
   240.    Distribution of penalty

           Part 10--Miscellaneous

   265.    Forms
   266.    Regulations

           Part 11--Validations, savings and transitional

           Division 1--References

   268.    References to certain former offices etc.
   272.    Decentralisation of Magistrates Courts Act 1965 references

           Division 2--Evidence (Protection of Children) Amendment Act 2003

   273.    Previous recognisance to appear on appeal hearing

           Division 3--Justice and Other Legislation Amendment Act 2007

   274.    Appointment of clerks of the court and assistants continues
           Endnotes