Going to court

A joint initiative

A guide for defendants and witnesses

in the Queensland courts

What is the role of the courts?

Contents

When it is alleged that an offence is committed,

Queensland police will investigate the matter.

What is the role of the Queensland courts?

Before court

Defendants

Witnesses

The investigators role is to work out if there is enough

evidence to charge someone with breaking the law.
The person charged with the offence is called the
defendant or the accused.
The role of the Queensland courts is to decide if the
defendant is guilty of the charges and if so, what the
penalty will be.

Arriving at court

Courtroom rules

Magistrates Court

The Magistrates Court

District Court

Hearings

S
 upreme Court (consisting of the Trial Division
and the Court of Appeal).

Inside the courtroom

11

Remanded in custody and bail

13

Supreme and District Courts

14

The process

15

Inside the courtroom

17

Sentencing

19

Appealing the decision

20

More information

22

Queensland has three levels of state courts:

For some indictable offences, the magistrate must

determine if there is enough evidence to refer the
matter for trial in either the Supreme Court or
District Court.

Supreme and District Courts

Both the Supreme and District Courts are presided over
by judges. If the defendant pleads not guilty, a jury of 12
people will determine if the defendant is guilty and the
judge will decide the sentence.
The diagram below illustrates the justice system.

These courts are ranked in order of the seriousness

of the cases they hear.

Magistrates Court
Anyone charged with an offence will first appear in the
Magistrates Court, which has no jury and is run by a
magistrate who makes all of the decisions.
If the defendant is under the age of 17 they will appear
in the Childrens Court a special Magistrates Court that
is closed to the public.
The magistrate has the power to decide on and issue
penalties for simple offences such as drink driving and
some indictable offences.

Before court
Defendants

Where to get legal advice

A defendant is considered innocent until proven guilty

beyond a reasonable doubt.

Legal Aid Queensland

It doesnt matter what the offence is, a defendant

should always get advice from a lawyer before going
to court.
A lawyer can:
e
 xplain what the offence means and what the
penalty might be
h
 elp the defendant to decide whether to plead
guilty or not guilty
h
 elp the defendant to decide whether to give
evidence in court (this is not compulsory)
g
 ather information and get a copy of the police
evidence
o
 rganise witnesses to support the defendants
version of events
explain what will happen in court.

Legal Aid Queensland provides free legal advice and can

arrange an appointment with a legal aid lawyer. Anyone
can talk with the lawyer over the phone or go to one of
their offices and speak face-to-face.

Witnesses

organise a support person

Witnesses are a vital part of Queenslands justice

system. Their evidence helps the magistrate or jury and
judge to determine the truth and make a fair decision.

h
 elp the victim write a victim impact statement
that explains how the crime has affected their
life. The judge will consider this when deciding a
sentence if a defendant is found guilty

Legal Aid Queensland can also refer people to a

community legal centre, which can provide free legal
advice.

Witnesses may be:

Contact:
1300 651 188 (cost of a local call)
www.legalaid.qld.gov.au

a
 defence witness: called to by the defence to give
evidence.

Duty lawyer
A duty lawyer can represent a defendant at the first
court appearance (called the first mention). A duty
lawyer works in most Magistrates Courts, with different
lawyers being on duty in court on different days.
A defendant can call the courthouse to find out if a duty
lawyer will be available.

Private lawyers
A defendant can also find a private lawyer to represent
them by:
looking in the phone book
c alling the Queensland Law Societys private lawyer
referral line on 07 3842 5842 or visiting the societys
website at www.qls.com.au.

a
 Crown witness: called by the prosecution to
give evidence

Witnesses can also be recognised experts such as

doctors or engineers, who give their opinion if needed.

The police investigation

When the police investigate an offence, they collect
evidence and interview people who may have been a
victim of the offence or know something about how the
offence happened.
Once they charge a person with an offence the police
refer the case to a police prosecutor, or if it is a serious
offence, to a prosecutor from the Office of the Director
of Public Prosecutions (ODPP). The prosecutors role is
to prove in court that the defendant is guilty beyond a
reasonable doubt.

r efer victims to specialised organisations for support

and counselling.

Special witnesses
The prosecutor may ask the magistrate or judge to
declare a witness to be a special witness. This may
include children, a victim of the crime or witnesses
who are likely to be disadvantaged or suffer severe
emotional damage.
Children usually give their evidence well before a trial
(in the Supreme Court and District Court only) by video
link from a remote witness room, which will be played
to a jury during the trial. The child witness can see and
hear the judge and the lawyers in the courtroom, who
will ask questions over the video link.
For other vulnerable witnesses the prosecutor can seek
approval for special arrangements to make it easier for
them to give evidence.
This may include:

Victims of crime

p
 utting up a screen between the witness and the
defendant

Crown witnesses may include victims of crime, who

provide crucial evidence for the court.

a
 llowing the witness to have a support person in
the court

The ODPP usually prosecutes indictable offences. If so,

they will appoint a victim liaison officer to help victims
throughout the court process.

a
 llowing the witness to give evidence before or
during the trial by video link from a remote
witness room

Before a trial, a victim liaison officer will:

closing the court to the public.

k eep the victim informed on when the case will go to

court and if it is necessary to be a witness
a
 rrange for the victim to meet with the ODPP legal
officer or Crown prosecutor to discuss what will
happen in court

Arriving at court
The process for arriving at court is similar in the
Magistrates Court, Supreme Court and the District
Court.
Defendants and witnesses will need to wait until their
case is called, so they should take the day off work and
arrange childcare if needed.
The daily law lists, which are displayed on noticeboards
or television screens in courthouse foyers, show the
cases and what courtrooms they will be heard in
each day.
This information and court addresses can also be
found in advance on the Queensland Courts website
www.courts.qld.gov.au.

It is very important that defendants do not miss their

court appearance. At the Magistrates and District
Courts, defendants can wait for their case outside their
courtroom or sit inside the courtroom in the public
gallery to learn what happens.

Courtroom rules

In the Magistrates Court, defendants should wait to be

called and in the District Court they can check with the
bailiff when the judge is ready to hear the matter.

The court operates under strict rules and everyone

behaves very formally.

In the Supreme Court defendants should wait inside the

courtroom and check with the bailiff when the trial will
commence.
Defendants in custody will be brought to court by
correctional officers or police in regional areas.

Both defendants and witnesses should:

Witnesses

arrive early at court

Either the defence lawyer, the defendant or the

prosecutor will arrange to meet their respective
witnesses at the court and will take them to an area
outside the courtroom to wait.

bring a family member or friend for support

bring any paperwork and a pen
b
 ring food and drink for outside the courtroom
(a caf is located in or near some courts)
c heck with security what they can bring into the
courthouse.

Defendants

The prosecutor may take special witnesses to a private

area to wait and make arrangements to protect them
while giving evidence.
Witnesses should:

For assistance, defendants should go to the counter

with the registry sign on it to:

w
 ait in this area until they are called by the
depositions clerk or bailiff as they cannot sit inside
the courtroom and hear other witnesses evidence

a
 sk what courtroom the case is in or look it up on
the daily law list

a
 sk for an interpreter if needed (this should be prearranged)

if an interpreter is needed the prosecutor or defence

lawyer will need to be notified well before the
witness arrives at court

b
 ring a copy of any documents and police
statements to help them prepare as the questions
the lawyers ask will be about these statements
(however witnesses cant read from these
statements in the witness box)

in the Magistrates Court, ask for a duty lawyer

if required and let the prosecutor know they are
seeing a duty lawyer

wait to be called to the witness box.

Everyone that appears in court should:

dress neatly
turn off their mobile phone
not eat, drink or chew gum
sit quietly
n
 ot make an audio or visual recording of
proceedings (unless permitted by the magistrate
or judge)
n
 ot speak to any member of the jury in the District
Court or Supreme Court.
To acknowledge the judge or magistrate, everyone
should:
s tand whenever the depositions clerk or bailiff calls
all rise when the magistrate or judge enters or
leaves the courtroom

Witnesses
Before giving evidence, the magistrate will ask each
witness to swear an oath on the Bible (or other holy
book) or make an affirmation (promise) to tell the truth.
It is important that the witness takes an oath according
to their religious beliefs.
The following oath and affirmation are given in the
Supreme Court and District Court:
Oath on the Bible
The evidence which you shall give to the court and jury
sworn between our sovereign lady the Queen and the
defendant on his trial shall be the truth, the whole truth
and nothing but the truth, so help you God.
The witness will respond: So help me God.
Affirmation

address the magistrate or judge as Your Honour.

Do you solemnly, sincerely and truly affirm and declare

that the evidence you shall give to the court and jury
sworn between our sovereign lady the Queen and the
defendant on his trial shall be the truth, the whole truth
and nothing but the truth?

Defendants

The witness will respond: I do.

b
 ow their head every time they enter or leave
the courtroom

When inside the courtroom a defendant should:

s tand up whenever the judge or magistrate is
speaking to them
speak clearly and read from notes if needed.

a
 sk if there are any volunteers from organisations
like the Salvation Army, drug services or other
organisations that can provide free counselling
and support before and after court.

Giving evidence
Everything said in court may be evidence and must be
true and relevant to the case.

n
 ever answer a question they do not understand ask the lawyer to repeat or explain the question

When answering questions, witnesses should:

if they dont know the answer or cant remember,

say so

take their time

tell the truth it is a crime to lie in court

n
 ot speculate or give personal opinions unless
asked

o
 nly give evidence of what they saw, heard, felt or
did - not what other people told them

a
 sk for a break if needed, but not discuss their
evidence with anyone during this break.

answer the questions in their own words

not give information that was not requested

The Magistrates Court

Anyone charged with an offence will normally first
appear in the Magistrates Court, which deals with
95 per cent of cases.

What happens

If the defendant is under the age of 17 they will appear

in the Childrens Court a special Magistrates Court
that is closed to the public.

w
 hen the magistrate is ready, the depositions clerk
will call the defendant

Offences
Offences are classed as simple offences or crimes and
misdemeanours (indictable offences).

Simple offences
The Magistrates Court can hear and issue penalties for
simple offences such as driving offences, creating a
public nuisance, trespassing and minor drug offences.

Indictable offences
A magistrate has the power to try some indictable
offences such as burglary, unlawful use of a motor
vehicle, fraud and assault occasioning bodily harm.
They can also decide sentences and can imprison
offenders for up to three years.
For other indictable offences like rape, armed robbery
and murder, the role of the Magistrates Court is to
determine if there is enough evidence against the
defendant to refer the case for trial in the Supreme
Court or District Court.

The first mention date

The defendants first day in court is called the mention
date, which they must not miss.
There are no witnesses at the first mention and the
magistrate makes all decisions based on the
information presented.

The first mention may proceed as follows:

t he deposition clerk will call all rise as the

magistrate enters and sits at the bench
t he magistrate then stands and reads out the
charges against the defendant
t he magistrate will ask the defendant how do you
plead, guilty or not guilty? and the defence lawyer
(or the defendant) will stand and respond.

Simple offences
For simple offences, a defendant may proceed with one
of the following options:
if the defendant requires more time to consider their
plea, the defendant or their lawyer can ask for the
magistrate to adjourn the case and set a new date
if the defendant pleads guilty, the magistrate will
listen to submissions or information presented and
then decides on the penalty
if the defendant pleads not guilty to a simple
offence, the magistrate will set a summary hearing.

Indictable offences
If the defendant pleads guilty to a minor indictable
offence, the magistrate can decide the penalty at the
first mention or will set a date for a sentence hearing.
For other indictable offences the magistrate will set
a committal hearing to determine if there is enough
evidence to send the defendant to trial in either the
Supreme Court or District Court.

Further mentions
A magistrate may set other mentions before a
summary hearing to confirm each side has sufficient
evidence, organised witnesses and the defendant has
finalised their plea.

What happens
Summary hearing

Final submissions

A summary hearing will open in the same manner as the

mentions and the defendant can plead either guilty or
not guilty.

When all witnesses are questioned, the prosecutor

and the defence lawyer will address the magistrate to
summarise their cases.

Pleading guilty
If the defendant pleads guilty:
t he magistrate will listen to submissions from the
prosecutor and defence lawyer and may decide the
penalty or will set a date for a sentence hearing
t he magistrate can also refer drug offenders to the
Drug Court and Indigenous defendants to the Murri
Court for sentencing.

Pleading not guilty

Prosecution case
If the defendant pleads not guilty:
the prosecutor will outline the evidence

n
 ot guilty - the magistrate will dismiss the charges
against the defendant
g
 uilty - the magistrate will decide on the penalty or
set a sentence hearing.
After the decision, the magistrate will adjourn the
court and the depositions clerk will call all rise as the
magistrate leaves the courtroom.

Committal hearing

t he prosecutor may question each witness to obtain

their evidence, which is called the evidence in chief
of the witness

the prosecutor will present the case against the

defendant and call witnesses to obtain their evidence

t he magistrate may ask each witness a few

questions.

the defence lawyer or defendant may cross-examine

these witnesses

t he defence lawyer or the defendant may then

question (cross-examine) the witness to confirm or
contest their evidence
t he prosecutor may re-examine each witness to
clarify anything
t he defence lawyer may then submit there is no
case to answer
if the magistrate finds that there is not enough
evidence the case will be dismissed
if the magistrate decides there is a case to answer
the defence lawyer can then call defence witnesses
and the whole process will be repeated.

Get your QP9 charge sheet

Talk to a lawyer
Decide to plead guilty or not guilty

After hearing all the evidence, the magistrate may find

the defendant:

e
 ach witness is lead to the witness box and asked to
swear an oath or make an affirmation to tell the truth

When the prosecutor is finished questioning their

witnesses:

The decision

The magistrates role is to decide if there is sufficient

evidence on which a jury could convict to send the
defendant to trial in the District Court or Supreme Court.

Defence case

What happens in the Magistrates Court

the magistrate may invite submissions

after hearing all the evidence the magistrate will
decide if there is sufficient evidence to put the
defendant on trial

Mention date(s)
You must attend
court on these dates.

Court
diversion
programs
Hearing of guilty
plea
Magistrate passes
sentence.

Decide to
plead guilty

Review mention
Negotiate with police
about charges.

if satisfied the magistrate will charge the defendant

the magistrate will warn the defendant and then ask
the defendant if they want to say anything in answer
to the charge or enter a plea
if they plead not guilty, the defendant is commited for
trial in the District Court or Supreme Court
if they plead guilty, the defendant is committed for
sentencing
if there is not enough evidence the magistrate will
dismiss the case.

Final hearing
Appeal
You may be able to
appeal against
conviction if you are
unhappy with the
severity of sentence.
Seek legal advice.

Evidence is heard and

magistrate makes ruling.
If found guilty, magistrate
passes sentence.

Appeal
You may be able to
appeal against
conviciton if you are
unhappy with the
severity of sentence.
Seek legal advice.

10

Inside the Magistrates courtroom

Magistrate
The magistrate can make decisions on simple offences and some
indictable offences. For indictable offences the magistrate determines if
there is enough evidence to refer the case for trial in the Supreme Court
or District Court. They are addressed as Your Honour and usually wear a
plain black robe.

Witnesses
People whom the prosecution or
defence call to give evidence.
Both the prosecutor and the
defence lawyer will ask the
witness questions.

Depositions clerk
The depositions clerk calls defendants
when the magistrate is ready, records
proceedings and calls each witness to
give evidence.

Prosecutor
The prosecutor presents the case
against the defendant. For simple
offences a police officer usually
prosecutes the case. For indictable
offences the prosecutor may be a lawyer
from the Office of the Director of Public
Prosecutions.

Defence lawyer
A lawyer who speaks on behalf of the
defendant. This may be a duty lawyer
who is supplied by Legal Aid Queensland
or from private practice.

Defendant
The defendant is the person
accused of committing the offence.
If the defendant is still in custody
they will sit in the dock next to a
correctional services officer.

11

The public
The public and media can sit in the
public gallery to watch, unless the
magistrate orders a closed court.

12

Remanded in custody

Support after court

If a magistrate commits a defendant to trial, the

magistrate may order the defendant to be held in prison
until their hearing date if they feel the defendant is a
risk of not appearing, of commiting other offences or
interferring with witnesses or of being a danger to the
community or themselves.

There are a range of organisations that can help both

defendants and victims of crime after a hearing.

The defendant may be ordered to participate in

a prescribed program (such as for the purpose of
rehabilitation) as a condition of bail. This order will
be made if the magistrate believes that the defendant
may benefit and it is in the public interest.
If the defendant is held in prison, the police or
correctional officers will bring the defendant to the
court for each day of the trial.

Bail
In some cases the magistrate may release the defendant
on bail. Bail is a promise to come back to court for the
trial or sentence. This may include special conditions
such as reporting to police regularly, or surety, which
means someone will put up money or property to
guarantee the defendants appearance in court.
If the defendant is charged with murder, the bail
application must be made directly to the Supreme
Court.

13

If there is a victim of an indictable offence, a victim

liaison officer from the ODPP can refer victims to
counselling and support services. They can also refer
them to the Criminal Injury Compensation Unit at Legal
Aid Queensland for assistance and legal advice about
compensation.
Defendants should also seek legal advice to prepare
what they will say at their sentence hearing or their trial
in the Supreme Court or District Court.

Supreme Court and District Court

The District Court is run by a judge and deals with
indictable offences such as burglary, rape, serious
assault, armed robbery and fraud. It is also hears all
appeals from decisions made in the Magistrates Court.
The Supreme Court is the highest trial court in
Queensland and is presided over by a Justice of the
Supreme Court who hears the most serious cases of
murder, attempted murder, manslaughter and major
drug offences. This court comprises a trial division,
which deals with the most serious criminal cases and
the Court of Appeal.
If the defendant is pleading not guilty, each court will
have a jury of 12 people who are selected at random
from the community. The jurys role is to decide whether
a person is guilty or not guilty.
If the defendant pleads guilty, or the jury finds a
defendant guilty, the judge will decide what sentence
will be given.
If the defendant is under 17 years of age, they can
choose to have the matter heard in the Childrens Court
of Queensland (a special District Court with no jury) or
in the Supreme Court or District Court. This trial may be
closed and the identity of the accused protected.

The standard of proof

All decisions in the court are based on the standard of
proof. This means that to find a defendant guilty, the
jury must be convinced of the defendants guilt beyond
reasonable doubt.
It is up to the prosecution to prove that the defendant
committed the offence. If there is any reasonable doubt
in the jurys mind, the defendant must be acquitted
(found not guilty).

When the trial is held

There may be a delay between the committal hearing
and when the trial is held. The trial will be allocated
to a particular week but could be moved based on the
progress of other trials.
Both the defendant and witnesses will be told once
the starting date is known, however this may not be
until shortly before the trial starts. Defendants should
provide the ODPP with their current address.

14

The trial
Trials in a Supreme Court or the District Court are often
complex and can take a long time, sometimes weeks.
The process for a criminal trial is the same in the
Supreme Court and the District Court:
w
 hen the judge is ready to hear the case the bailiff
will call the defendant who will sit in the dock.
The judge may grant a self represented defendant
permission to sit at the bar table
a
 nyone else that wants to attend and is not a
witness may sit in the public gallery
w
 hen all parties are present the bailiff will call all
rise as the judge enters the courtroom and everyone
stands until the judge sits down
the jury panel comes in after the judge has arrived
t he judges associate reads out the charges and
asks the defendant: how do you plead, guilty
or not guilty?
t he defence lawyer or defendant will stand and
answer
if the defendant pleads not guilty a jury is selected
from the panel. If the defendant pleads guilty there
is no jury.

Pleading not guilty

If the defendant pleads not guilty the trial may proceed
as follows:

Final submissions

The decision

Prosecution case

After all witnesses are questioned, the following things

may happen:

if the verdict is guilty the judge may pass sentence

or set a date for a sentence hearing

b
 oth the Crown prosecutor and the defence lawyer
or defendant will summarise their cases to the jury.
This is called a closing address

if the verdict is not guilty the judge will dismiss the
charges against the defendant and there cannot be
an appeal to the Supreme Court or District Court.

t he judge will explain to the jury the laws that apply

to the facts of the case and sum up the arguments of
the prosecution and defence

At the end of the trial the judge will adjourn the court
and rise to leave. The bailiff will call all rise and
everyone stands until the judge leaves.

The prosecution will start first in a trial. This may

include:
t he Crown prosecutor will stand and outline the
evidence against the defendant
t he bailiff will often call out the name of witnesses
from outside the courtroom, escort them to the
witness box and ask them to swear an oath on a holy
book or make an affirmation to tell the truth
t he prosecutor will obtain evidence from each
witness by asking questions. This is known as the
evidence in chief
t he judge may also ask each witness a few
questions.
In cases where the court is closed, members of the
public will not be allowed into the courtroom while a
witness gives evidence. The jury will be present.

Defence case

Pleading guilty

After the Crown prosecutor has questioned a Crown

witness:

If the defendant pleads guilty the judge will listen to

submissions from both lawyers. The judge may decide
the sentence straight after the trial or set a date for a
sentence hearing.

t he defence lawyer or the defendant may then

question (cross-examine) the witness to confirm or
test their evidence

Witnesses will only be called if there is a dispute about

the facts relevant to the sentence. Only the judge will
hear this evidence.

t he judge will then ask the jury to retire to the jury

room to consider its verdict.

t he Crown prosecutor may re-examine their witness

to clarify anything said
When there are no more Crown witnesses, the defence
lawyer or defendant may call defence witnesses and
repeat the whole process.
The defendant is not obliged to call or give evidence.

15

16

Inside the courtroom

Judge
The judge controls the courtroom and
ensures evidence is relevant. If the
defendant pleads guilty or the jury finds
the defendant guilty, the judge will decide
the sentence. The judge is addressed as
Your Honour and usually wears a wig
and a robe.

Court reporters
Occasionally court reporters
record what is said during
the trial on tape or on a
shorthand machine. Often,
court proceedings are
recorded remotely.

Witnesses
People whom the prosecution or
defence call to give evidence. Both
the prosecutor and the defence
lawyer will ask the witness questions.

The bailiff
Judges associate
The judges associate wears a plain
black robe and no wig and sits below the
judge. The associate assists the judge
by reading out the charges, taking the
defendants plea and asking the jury for
its verdict.

Defence lawyers
The defendant is usually represented by
a barrister and a solicitor. The barrister
speaks on behalf of the defendant.
The solicitor gives instructions to the
barrister on behalf of the defendant.
The barrister will wear robes and a wig,
but the solicitor usually does not.

Defendant
The person who is accused of committing
the offence. The defendant sits in the dock
near a corrective services officer who is
present at all times.

Crown prosecutor

Bailiffs sit or stand near the jury.

They call defendants when the judge
is ready, announce the beginning
and end of sessions, look after
the jury and call witnesses to give
evidence and administer the oath or
affirmation.

A Crown prosecutor is a barrister

or solicitor who works in the
Office of the Director of Public
Prosecutions and presents the
case against the defendant.

The jury
The jury is present if the defendant
pleads not guilty. The jury is made up
of 12 people selected at random from
the community. They decide if the
defendant is guilty or not guilty.
The jury remains in court unless the
judge is discussing a point of law with
the lawyers.

The public
The public and media are able to
sit in the public gallery to watch
events unless the judge has
ordered that the court should
be closed.

17

18

Sentencing
If a defendant pleads guilty or is found guilty, the
magistrate or judge may decide a sentence at the end of
the hearing or trial, or adjourn the proceedings and set
a date for a sentence hearing.
When deciding a sentence matters taken into account
include:
the seriousness of the crime
the effect on the victim
t he extent to which the offender is to blame for
the offence
t he defendants personal circumstances and
criminal history
whether the defendant cooperated with the police
w
 hether the defendant undertook counselling for
any problems that contributed to their offence
s ubmissions from the prosecutor and
defence lawyer
the laws that guide sentences
sentences given in similar cases in the past.

What happens
At a sentence hearing:
t he defence lawyer or the defendant can highlight
anything that may help lighten the sentence,
such as their financial, employment or personal
circumstances
t he prosecutor also speaks about the crime, the
defendant or the relevant laws and suggests a
suitable sentence
t he prosecution may present the magistrate or
judge with a written victim impact statement from
the victim, which explains the personal effects of
the crime.
After considering everything, the magistrate or judge
decides how the law should be applied and hands
down a sentence.

19

Sentences
The type of sentence depends on the seriousness of the
crime and the judge or magistrate must give reasons for
the sentence.

Appeals

Sentences may include:

r ecognisance, which means the offender must
guarantee not to re-offend during a stated period
of time
fi
 nes for less serious offences instead of jail, which
may be enforced by the State Penalties Enforcement
Registry

Appeals from decisions of the Magistrates Court are

heard in the District Court. All appeals from trials in the
District Court and Supreme Court are heard in the Court
of Appeal.
Three judges are present at an appeal hearing in the
Court of Appeal and there is no jury.

c ommunity service, which is unpaid community

work under the direction of community corrections
officers

The law allows one calendar month for an appeal to be

lodged, but sometimes an extension may be granted.

a
 probation order for up to three years, where the
offender must not re-offend or penalties will apply
and is supervised by a corrective services officer
who ensures the offender meets any conditions such
as treatment or counselling

a
 defendant who pleads guilty to a charge may only
appeal against the sentence if the Court of Appeal
grants leave

r estitution, which is money the offender has to pay

the victim to compensate them for any harm, injury
or damage caused
a
 n intensive correction order for a person who
has received a sentence of up to 12 months
imprisonment, which involves unpaid community
service and probation
a
 suspended sentence of imprisonment, which may
be partially or wholly suspended. This allows the
offender to go back into the community without
serving time in prison or after serving part of a term
of imprisonment. If they re-offend during this time,
penalties will apply and they may have to serve the
rest of the sentence in prison

Appeals can be lodged in three situations:

a
 defendant that is found guilty by a court has the
right to appeal against the conviction and must seek
leave to appeal against the sentence
Q
 ueenslands Attorney-General, who is the states
first law officer, has full authority over legal matters
relating to the state and can appeal against the
sentence if it is considered too lenient.
No matter who lodges the appeal, both the defence
and prosecution lawyers will present arguments to
the court. One lawyer makes the appeal and the other
opposes it.

The following happens:

b
 efore the appeal is heard each side presents
written arguments to the court
t he judges listens to the oral arguments of both
lawyers and usually questions them about the case
t he judges refer to a transcript of the trial or
sentence before them as the arguments are
presented
w
 hen they have considered the arguments, the
judges reach a decision about whether to dismiss or
allow the appeal. This may be on the same day
or some time later.
If the appeal is dismissed, the decisions made at the
trial still stand.
If the appeal is allowed, the following can occur:
if the defendant appeals against the conviction,
the conviction is removed and they are free to go
or a new trial is ordered
if the defendant appeals against the sentence,
the sentence is reduced if the defendants appeal
is successful
if the Attorney-General appeals against the
sentence, the sentence is increased if the Attorney
Generals appeal is successful.

jail, which is the most severe punishment.

The length of the prison term depends on how
serious the crime is.
Juveniles (people under the age of 17) are not sent to an
adult prison. If their crime is one that normally results
imprisonment, they are sentenced to detention in a
juvenile detention centre.

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Further information
There are many agencies available to help both defendants and witness throughout the court process.

Department of Justice and Attorney-General

Phone:
Fax:
Email:
Web:

07 3239 3520
07 3221 2534
mailbox@justice.qld.gov.au
www.justice.qld.gov.au

Legal Aid Queensland

Phone:
Email:
Web:

1300 651 188

feedback@legalaid.qld.gov.au
www.legalaid.qld.gov.au

Queensland Courts
Website: www.courts.qld.gov.au
Supreme and District Courts
Phone: 07 3247 4313
Email: info@courts.qld.gov.au
Magistrates Court
Phone: 07 3239 0450
Email: Magistrates.CourtsAdministration@justice.qld.gov.au

Office of the Director of Public Prosecutions

Phone: 07 3239 6144
Fax:
07 3220 0035
Toll free: outside Brisbane 1800 673 428

Disclaimer: The material presented in this publication is distributed by the Queensland Government as an information source only. The State of
Queensland makes no statements, representations, or warranties about the accuracy or completeness of, and you should not rely on, any information
contained in this publication.
The Queensland Government disclaims all responsibility and all liability (including, without limitation, liability in negligence) for all expenses, losses
and damages and costs you may incur as a result of the information being inaccurate or incomplete in any way, and for any reason.

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