Types of court in Queensland

There are 3 levels of court in Queensland:

• The Magistrates Court
• The District Court
• The Supreme Court.

The court a case is heard in depends on the seriousness of the offence.

There are also special courts held for specific categories of offender—such as the Childrens Court, Mental Health Court and the Drug Court—and courts that serve a special purpose, such as the Coroners Court or the Land Court.

Magistrates Court

Magistrates Court is the entry level of court in Queensland. Local Magistrates Courts can be held in 131 locations across the state, and hear 95 per cent of court cases.

They mainly deal with less serious offences—called summary offences—including assault, theft, domestic violence and minor traffic offences. Unlike other courts, there is no jury; the magistrate has the power to decide whether a person is guilty and sentence them.

Committal hearings for more serious crimes are also held in Magistrates Courts. These take place as soon as possible after a person is charged. The magistrate decides if there is enough evidence to send—or commit—the accused person for trial in the higher District or Supreme Court.

Magistrates Courts also look after civil cases—disputes between people or organisations over money and property—involving amounts less than $150,000.

Take a virtual tour of a Magistrate Court.

District Court and Supreme Court

District Court sits—takes place—in 32 courthouses across the state. If there is enough evidence presented at the committal hearing in Magistrates Court, the magistrate will send more serious offences—such as sexual offences (including rape), serious assaults and armed robbery—for trial in the District Court.

The Supreme Court sits in 11 regional courthouses. It is the highest level of court in Queensland. It deals with the most serious criminal offences, such as serious drug offences, attempted murder, manslaughter and murder.

District and Supreme Courts also hear larger civil cases—disputes between people or organisations over money and property. The District Court hears civil cases involving amounts between $150,000 and $750,000, while the Supreme Court decides on disputes involving amounts greater then $750,000.

A judge presides over trials held in the District and Supreme Court. A jury—made up of 4 people (in civil cases) or 12 or more (in criminal cases) selected randomly from the community—decides if the person is guilty or not. If the jury finds the defendant—the person charged with the offence—guilty, the judge then decides on their sentence.

Because of the serious nature of offences tried in the District or Supreme Court, trials are often very complex, involving the presentation of a lot of evidence. As a result these trials can be long, sometimes taking many weeks to complete.

Take a virtual tour of District and Supreme Court.

Court of Appeal

A decision made in the District and Supreme Court can be challenged in the Court of Appeal. This is a section of the Supreme Court where a panel of judges considers reasons why the original decision may have been wrong. You can appeal both the original verdict and the sentence. The judges may uphold the original decision—agree with it—in which case nothing changes; however, if they agree with the appeal, they can order a re-trial or change the original sentence.

Childrens Court and Childrens Court of Queensland

The Childrens Court and the Childrens Court of Queensland are courts specifically held for child and young offenders (people younger than 17 years old). The Childrens Court is held in Magistrates Court; but when a child is tried in these courts, the court is closed—only those directly involved in the case (which includes the child’s parents) may be present—and the child’s identity will be protected.

The Childrens Court of Queensland is a special form of District Court with no jury. It handles more serious criminal cases where the defendant is a child and can be held in any of Queensland’s District Courts.

The Childrens Court and Childrens Court of Queensland do not deal with child custody issues; these are dealt with in the federal Family Court of Australia. However the Childrens Court can deal with matters concerning child protection.

Family Court of Australia

The Family Court of Australia is a specialist federal court that deals with complex family disputes including child custody issues.

Find out more about the Family Court of Australia.

Mental Health Court

The Mental Health Court is a special hearing of the Supreme Court that makes decisions about criminal cases where the accused person may have a psychiatric disability. Psychiatrists help the court understand the specialist clinical evidence presented.

The Mental Health Court decides if the person’s disability was a significant factor in them committing the offence and whether they should be referred for treatment in the mental health service or sent for trial in a criminal court.

Drug Courts

Drug courts are special sittings of the Magistrates Courts held in Beenleigh, Southport, Ipswich, Townsville and Cairns.

They deal specifically with the sentencing of drug dependent people who have pleaded guilty to an offence committed to support their drug use.

An offender who meets certain eligibility criteria—such as having no outstanding charges for other offences involving sexual or physical violence—may have their sentence suspended to undertake a supervised drug rehabilitation program as an alternative to prison.

Coroners Court and inquests

The coroner is a magistrate who investigates deaths that appear unusual—known as reportable deaths—such as when the identity of a dead person is not known, or to determine how a person died and if a crime has been committed in connection with their death.

As part of the investigation, the coroner may decide to hold an inquest—a court hearing—into the death. This is usually held in the Magistrates Court closest to where the person died. At the inquest, the coroner will gather more information about how the death happened; it is not a trial and there is no jury, although witnesses may be called to give evidence.

Very few investigations result in an inquest unless there are major doubts about how a person died or if the person died in care or police custody. The coroner may also hold an inquest if it is in the public interest (e.g. where it may help prevent similar deaths in the future). You can also ask for an inquest into a family member’s death—by writing to the coroner—although the coroner decides if an inquest should be held.

The coroner will present their findings at the end of the investigation; this may include recommendations of ways to prevent similar deaths in the future. While the coroner doesn’t lay blame for the death, they can refer the case to the Director of Public Prosecutions if they believe a crime has been committed.

Find out more about the Coroners Court.

Land Court

The Land Court is an independent judicial tribunal. It makes decisions and resolves disputes over land valuation, natural resources and mining (including objections to mining), and Indigenous cultural heritage land matters.

Cases are brought before the court following an application made to the Land Court Registry located in the Brisbane Magistrates Court building. Hearings are usually held in a Magistrates Court building local to the land in dispute, although they may also take place remotely by phone or video link.

A Land Court hearing is similar to a Magistrates Court hearing—there is no jury—but decisions are made by a ‘Member of the Land Court’; these are members of the legal profession specialising in matters of law related to land. During the hearing, the 2 parties in dispute present their case and may call witnesses who provide evidence under oath. The ‘Member’ presiding over the court will listen to the evidence presented and ask questions so that they can come to a fair decision.

For out more about the Land Court.