Magistrates' Court of Queensland
Encyclopedia
The Magistrates Court of Queensland is the lowest court for the Australian state of Queensland
. The court is the first stop in many criminal and civil actions and deal with minor criminal and civil matters. The court may also decide to send cases brought before it to a higher court in the court hierarchy.
(usually a sergeant) is always present, who gives details of the offence. A prosecutor can also be a lawyer employed by the government to represent the general public's interests in court proceedings against people accused of committing crimes. The defendant
is also present, represented either by a solicitor
, barrister
or by himself or herself.
to deal with civil matters where the amount in dispute from $25000 to $150,000. Disputes less then $25000 go to QCAT.
, police prosecutor
, defendant
, plaintiff
and witnesses for either party
. It is a condition that those who enter the court bow to the Australian Coat of Arms, situated behind the Bench, upon entry. Plaintiffs, defendants, their counsel
and witnesses must rise when they wish to address the bench or when addressed by the magistrate
.
Members of the media
and general public
are allowed into the courtroom, except where a party to the proceedings is under 17 in which case the court becomes a child court and the media and public will only have restricted access to the court.
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
. The court is the first stop in many criminal and civil actions and deal with minor criminal and civil matters. The court may also decide to send cases brought before it to a higher court in the court hierarchy.
Criminal cases
In a criminal case a police prosecutorPolice prosecutor
In the judicial system of New Zealand, a police prosecutor is a lawyer employed by the police to present cases in district court, as the counsel for the prosecution. This may be a sworn member of the police or, in larger courts, a civilian lawyer employed as a non-sworn member of the police...
(usually a sergeant) is always present, who gives details of the offence. A prosecutor can also be a lawyer employed by the government to represent the general public's interests in court proceedings against people accused of committing crimes. The defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
is also present, represented either by a solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
, barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
or by himself or herself.
Civil matters
The court has jurisdictionJurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
to deal with civil matters where the amount in dispute from $25000 to $150,000. Disputes less then $25000 go to QCAT.
Court procedure
Those present at court typically include the magistrateMagistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
, police prosecutor
Police prosecutor
In the judicial system of New Zealand, a police prosecutor is a lawyer employed by the police to present cases in district court, as the counsel for the prosecution. This may be a sworn member of the police or, in larger courts, a civilian lawyer employed as a non-sworn member of the police...
, defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
, plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
and witnesses for either party
Party
A party is a gathering of people who have been invited by a host for the purposes of socializing, conversation, or recreation. A party will typically feature food and beverages, and often music and dancing as well....
. It is a condition that those who enter the court bow to the Australian Coat of Arms, situated behind the Bench, upon entry. Plaintiffs, defendants, their counsel
Counsel
A counsel or a counselor gives advice, more particularly in legal matters.-U.K. and Ireland:The legal system in England uses the term counsel as an approximate synonym for a barrister-at-law, and may apply it to mean either a single person who pleads a cause, or collectively, the body of barristers...
and witnesses must rise when they wish to address the bench or when addressed by the magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
.
Members of the media
News media
The news media are those elements of the mass media that focus on delivering news to the general public or a target public.These include print media , broadcast news , and more recently the Internet .-Etymology:A medium is a carrier of something...
and general public
Public
In public relations and communication science, publics are groups of individuals, and the public is the totality of such groupings. This is a different concept to the sociological concept of the Öffentlichkeit or public sphere. The concept of a public has also been defined in political science,...
are allowed into the courtroom, except where a party to the proceedings is under 17 in which case the court becomes a child court and the media and public will only have restricted access to the court.