How Does the Court System Work in Queensland?

Court lawyers in Brisbane and across Queensland represent their clients in multiple courts.

The state has 131 locations where magistrate’s courts can operate, 11 sites for supreme courts, and 38 district court locations. This blog post shares some more insights on the courts in which court lawyers from Brisbane and beyond can appear.

What Is the Difference Between Criminal and Civil Courts?

Queensland’s magistrates, district, and supreme courts hear civil and criminal cases.

  • Civil cases entail one party suing another based on, for example, losses sustained. The parties to civil cases can be two or more people or organisations, and they usually sue wrongdoers for compensation where they suffered harm or sustained losses.
  • Criminal cases entail the hearing of charges against alleged criminals and, if found guilty, their sentencing.

The state’s court system includes courts of different levels based on the seriousness of criminal charges adjudicated or the monetary value of civil claims.

What are Magistrate’s Courts?

This is the first level of the state’s court system. According to the Queensland Courts section on magistrate’s courts, about 94% of cases are heard here. However, the prosecution of serious criminal offences entails that trial or sentencing may be rerouted to district courts or the Supreme Court of Queensland.

What are District Courts?

These courts deal with serious criminal offences like armed robbery, rape, and fraud after cases have been transferred from magistrate’s courts. They also hear civil court appeals from magistrate’s courts and disputes involving amounts between $150 000 and $750 000.

What does Queensland’s Supreme Court do?

The Supreme Court of Queensland consists of two divisions – the trial division and the Court of Appeal.

According to the Queensland Courts website’s section on the trial division, serious criminal cases such as murder, manslaughter, and serious drug offences are adjudicated here. This division is also where civil cases with a monetary value of more than $750 000 are heard.

The Supreme Court of Appeal is where all appeals from supreme courts, district courts, and tribunals are heard.

Other Courts Dealing with Criminal Cases

There are several courts where Brisbane court lawyers defend their clients in various ways as part of criminal trials:

  • Mental Health Court
  • Drug and Alcohol Courts
  • Murri Courts
  • Children’s Court

When people are charged with criminal offences, the Mental Health Court must determine whether they were of unsound mind when committing the crime. This court also determines whether accused persons are fit for trial.

When offenders suffer from severe substance use disorders contributing to their behaviour, their cases can be heard by Drug and Alcohol Courts. These courts ensure that adult offenders are supervised and that treatment is undertaken to address their dependency, while also dealing with their criminal offences.

The Murri Court caters to Aboriginal and Torres Strait Islander defendants by connecting them with support services. In so doing, the court helps them to change their lives so as to stop offending.

According to its webpage on the Queensland Courts website, elders or respected persons from the community guide and encourage these defendants, helping magistrates better understand their personal and cultural circumstances.

Queensland’s Children’s Court deals with criminal cases involving children and also hears certain matters involving child protection and adoption cases. The Children’s Court, a state court, is not to be confused with the Family Court of Australia. The latter is a federal court that deals with other family-related matters, such as custody disputes between parents.

Conclusion

The intricacies of Queensland’s criminal court system can be challenging and confusing. However, navigating your way will be much easier if you have a trusted Brisbane court lawyer by your side. Contact our firm today to ensure you approach the right court with your unique challenges.