Queensland Consolidated Acts

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JUSTICES ACT 1886 - As at 1 March 2023 - Act 17 of 1886

- As at 1 March 2023 - Act 17 of 1886

Table of Provisions

Long Title

PART 1 - PRELIMINARY

1 Short title

2 Note in text

4 Definitions

5 General saving of powers of justices

PART 2 - (Repealed)

PART 3 - JURISDICTION

Division 1 - General provisions

19 General provision

20 Authentication of acts of justices

21 Presumption

22 Continuance of Magistrates Courts

22A Jurisdiction of Magistrates Courts

22B Magistrates Courts districts

22C Appointment of clerks of the court

22D Principal clerk of courts

23 Vacancy in office of clerk of court etc.

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

23EB Management by clerk of the court of charge pending finalisation of proceeding under ex officio indictment

23EC Conduct of proceeding by video link facilities or audio link facilities by court outside district or division

24 Acts by 1 justice

25 After decision 1 justice may issue warrant of execution or commitment

26 Warrants of execution after appeal

27 Hearing of complaint

28 Majority to decide

29 When 2 justices required, must be present throughout the case

30 Magistrates

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

40 Penalty for insulting or interrupting justices

PART 4 - GENERAL PROCEDURE

Division 1A - Prosecution disclosure

41 Prosecution disclosure

42 Commencement of proceedings

43 Matter of complaint

43A Court may order particular complaints to be heard together

46 Description of persons and property

47 What is sufficient description of offence

48 Amendment of complaint

49 Amendment

50 Recording of amendment

51 When complaint to be on oath and when not

52 Limitation of proceedings

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

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

65 How person arrested without warrant to be dealt with

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

69D Application of division

69E Facilitation of execution of written warrant

70 Open court

71 Exclusion of strangers

71B Prohibition on taking photographs, producing pictures or other optical effects

72 Lawyer

73 Evidence how taken

74 Prosecutor’s and complainant’s witnesses

76 Proof of negative etc.

77 Taking of evidence

77A Views and inspections

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

83A Direction hearing

83B Noncompliance with direction about disclosure

83C Purpose and scope of div 10B

83D Definitions for div 10B

83E Subject matter for disclosure obligation direction

83F Application for disclosure obligation direction

84 Remand of defendant

85 Verbal remand

86 Bringing up during remand

88 Adjournment of the hearing

88A Use of verdict and judgment record

88B Continuation of remand on registry committal

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

98A Records of court

PART 4A - (Repealed)

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

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

102FA Executive officer may be taken to have committed offence against s 102F(1)

102G Dismissal for want of prosecution

103 Disobedience of summons

103A Defendant’s appearance upon private complaint

103B Magistrate supervisory role

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

110B Special provisions applying to a direction under s 83A(5AA)

110C Limitation on cross-examination

111 Depositions of persons dead, absent etc.

113 Procedure if defendant pleads guilty

113A Committal proceedings where defendant is a corporation

114 Registry committal by clerk of court

115 Process of clerk of the court for registry committal

116 Limited application of divs 5 to 7 for registry committals

117 Application of registry committals to indictable offences under other Acts

121 Transmission of undertaking as to bail

126 Transmission of depositions

127 Duty of Attorney-General etc.

128 Authority of judge

129 Recommittal in case of error

130 Division applies also to registry committals

132 Examination by justices for an offence committed in another Magistrates Court district

133 Remand to another place

134 Effect of depositions and undertakings as to bail taken or 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

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

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

148A Admissions of fact

149 Dismissal of complaint

150 Minute of decision to be made and advice sent by post

150A Justices may order that complaint is ended

151 Formal convictions and orders

152 Formal record of conviction not necessary, except for special purposes

153 No certiorari order

154 Copies of record

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

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

178AA Warrant may include charge for its issue

PART 6A - USE OF VIDEO LINK FACILITIES OR AUDIO LINK FACILITIES

178A Purpose of part

178B Definitions for part

178C Use of video link facilities or audio link facilities in proceedings

178D Facility user taken to be before the court

178E Way video link facilities or audio 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 8 - (Repealed)

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

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.

268A (Expired)

269A (Expired)

270 (Expired)

271 (Expired)

272 Decentralisation of Magistrates Courts Act 1965 references

273 Previous recognisance to appear on appeal hearing

274 Appointment of clerks of the court and assistants continues

275 Notices to witness

276 Definitions for div 5

277 Particular amendments apply only to charges originated after commencement

278 Particular provisions apply to proceeding whenever commenced

279 Existing appointment as principal clerk of courts continues

280 Application of provisions about use of video link facilities or audio link facilities

281 Application of s 47

Criminal Law Amendment Act 2017

282 Orders for particular complaints made before commencement to be heard together

283 Admissions of fact in hearings of complaints made before commencement

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