Queensland national domestic and family violence bench book. Where a special witness is to give or is giving evidence, the court may, of its own motion, or upon application made by a party to the proceeding, make or give 1 or more of the orders or directions in s 21a2. The sixth edition, published march 20, adds new sections on. Information about the inclusion of 17 yearolds in the youth justice system from 12 february. The ucpr covers almost all civil matters opposed to criminal matters in queensland.
The links in each benchbook entry link to a copy of the judgment on either the supreme court library website or, for reported cases, to the. All criminal matters begin in the magistrates court and the civil jurisdiction hears approximately 90% of all disputes within the state. Supreme and district courts benchbook hostile witnesses. Qcoss, march 2015, dealing with crosscultural issues and bias in the courts the queensland supreme court, equal treatment. Queensland magistrates courts all the rules, important legislation, case lists and contact details on the one page. The magistrates court of western australia has multiple registries located around the state to deal with. Add the 2j criminal benchbook update notes february 2014 pages numbered 2j. Supreme and district courts benchbook, benchbook, bench book, hostile witnesses, amended february 2016 last modified by. It is a circumstance of aggravation if the person was under 12 years or the defendant believed the person was under 12 years. Protecting witnesses queensland courts afford victims of sexual offences, affected child witnesses and special witnesses protections. The sentencing benchbook has not been updated since april 2017. Damaging property 3 counts, breach of police family violence order 2 counts, assault. You can get the necessary forms from the magistrates court or the queensland courts website urts.
The supreme court library provides access to decisions from queensland courts and tribunals, via caselaw. Since the last adult court bench book was updated in 2008, the jsb has received considerable feedback from magistrates on its content and format. Chapter contents last updated 21 december 2016 preliminary procedure when prosecuting a criminal offence first appearance before a court summary and indictable offences defendants options at first appearance before a court summary proceedings in the magistrates court murri court queensland courts referrals summary trials in the magistrates court the prosecution. The undertaking may include the same types of conditions and prohibitions as may be included in a protection order. The magistrates court of queensland is the lowest court in the court hierarchy of queensland, australia. The criminal trial courts bench book is prepared for use by supreme court and district court judges and it constitutes a major contribution by the judicial commission of new south wales to the administration of justice of this state. Civil procedure queensland also covers the forms, practice directions and scales of costs and fees essential to running matters in the supreme court, district court and magistrates court. Decisions are supplied by judges and magistrates and are published within 24 hours of receipt by the library. Criminal law duty lawyer handbook legal aid queensland. An appeal for the magistrates court to the district court pursuant to s. Magistrates court, queensland, domestic and family violence protection act 2012 bench book 2018. Below are links to information about the magistrates courts of queensland. It is an honour to have been asked to launch the equal treatment benchbook prepared and published by the supreme court of queensland.
The chief magistrate is the principal judicial officer of the magistrates court. Criminal trial courts bench book judicial commission of new. Domestic and family violence protection act page 2 benchbook. The court decides disputes according to law promptly, courteously and effectively contributing to the economic and social wellbeing of all australians. Magistrates courts act 1921 as at 1 march 2017 act 22. According to your annual report, last year the queensland magistrates court dealt with about 96 per cent of the states criminal matters. Supreme and district courts benchbook hostile witnesses keywords. Some magistrates courts may accept applications for consent orders. If someone commits a criminal offence, under queensland law they must be brought before the magistrates court as soon as possible. The brisbane magistrates court building is one of the largest infrastructure projects to incorporate the queensland governments art builtin policy, which requires two per cent of the capital works budget to be spent on art projects within the development. Sgt sherril handley, victoria police prosecutions division, legal services department mandy angus, victoria department of justice and regulation attorney generals department, victoria, senior legal policy officer, criminal law policy criminal justice division. At that time, aboriginal prisoners in western australia made up more than 30 per cent of the prison population and were imprisoned at almost times the rate of nonindigenous prisoners. Australian law resource informing legal responses to domestic and family violence related cases in state and territory, federal circuit and family courts.
The bar association of queensland was established in 1903 as the professional body representing the interests of members of the bar practising in queensland. The first aboriginal benchbook for western australian courts was launched in may 2002. A list of queensland s courthouses and contact information. These forms only apply for civil matters in the magistrates, district or supreme court of queensland that fall within the uniform civil procedure rules ucpr. Launch of the supreme court equal treatment benchbook. Benchbook domestic and family violence protection act 2012. It handles the greatest proportion of litigation in the state. For example, the court of appeal has held that no prejudice arose from the absence of a. Last updated 19 december 2016 the magistrates courts of queensland are established under the magistrates courts act 1921 qld magistrates courts act and the justices act 1886 qld justices act. The building features a range of public artworks including sculptures, murals and paintings. Benchbooks for queenslands courts including supreme and district courts, equal treatment and domestic and.
Queensland supreme and district courts benchbook queensland. Finding decisions from queensland courts and tribunals is now a whole lot easier. You can lodge a civil claim with a queensland court if you want to start a court action to recover money or something else owed to you. Undertakings national domestic and family violence bench. I acknowledge the traditional owners of the land on which we are meeting today. Magistrates court national domestic and family violence. A short time later, the defendant went to the police station and said she had smashed the windscreen of a car. This feedback has been carefully considered, and it was concluded, that the bench book should be in a new format, which would supplement the new adult court pronouncement cards. The queensland magistrates courts can deal with some minor family law matters, depending on where you live, such as urgent or interim shortterm cases about children where there is a domestic violence case being heard. The supreme court library queensland acknowledges the traditional owners and custodians of country throughout queensland. The district court can also hear an appeal against a sentence imposed by a magistrates court. Most are published on the supreme court library queensland website.
At at that time, aboriginal prisoners in western australia made up more than 30 per cent of the prison. S fryersmith, aboriginal benchbook for western australian courts, 2nd edn, 2008, aija, victoria, accessed 30 november 2017 the commission would like to acknowledge the role these publications played as a starting point, and as a source of information, for the equality before the law bench book. Supreme and district courts criminal directions benchbook the links in each benchbook entry link to a copy of the judgment on either the supreme court library website or, for reported cases, to the relevant subscription service. Court processes in criminal matters queensland law handbook. Due to the requirements for bail applications that proceed in the supreme court, as opposed to the magistrates court, it is often preferable for an individual to first seek bail if possible from the magistrates court. A person is not criminally responsible for an act or omission, if the person does or omits to do the act under any of the following circumstances, that is to say. Southport domestic and family violence court trial begins today. The queensland magistrates court queensland law handbook.
Take care to check the most up to date version of legislation when sentencing offenders. District court the district court is the second tier of the queensland court system after the magistrates courts. That translated to 202,966 adult defendants on 340,878 criminal charges and a further 11,525 child defendants on a further 25,503 criminal charges. Queensland, federal circuit court of australia and magistrates from the magistrates. Contents animal care and protection act 2001 bail act 1980. In light of the current novel coronavirus pandemic, electronic filing in the civil jurisdiction of the magistrates court is now available and should be utilised where possible to limit your need to attend magistrate court locations.
It contains sections on such topics as assignment of counsel, taking guilty pleas, standard voir dire questions, sentencing, and contempt. A toolkit of information, contacts and tools for lawyers practising in the area of torts, injuries and workers compensation in queensland. Supreme court court of appeal supreme court trial division. The queensland supreme courts equal treatment benchbook, 2005, provides information on dealing with racial, ethnic, linguistic and religious. Jun 20, 2019 these forms can be found on the queensland courts website. Below are links to decisions by the various queensland courts and findings of the coroners court. Information about the childrens court including what happens when a juvenile commits a crime. The queensland magistrates court queensland law handbook online. This concerned a police application under the domestic and family violence protection act 2012 qld the act for a protection order against the respondent in favour of the aggrieved. Southport domestic and family violence court trial begins. Her former partner saw the incident occur and reported it to the police. Chapter 12 of the equal treatment benchbook of the supreme court contains the guidelines that supreme court judges have published on conducting trials. After finding out that her husband had been having an affair, there was a violent incident. Appointment of bailiffs and bailiffs assistants part 2 jurisdiction 4.
Magistrates courts act 1921 as at 1 march 2017 act 22 of 1921 table of provisions long title part 1 preliminary 1. Application for a protection order under the domestic and family violence protection act 2012 qld. Magistrates court criminal law benchbook supreme court library. Information about the federal circuit court, including its role in the system and what matters it deals with. Magistrates court criminal law benchbook supreme court. The benchbook is an ongoing compilation of information that federal judges have found useful for immediate bench or chambers reference in civil and criminal proceedings. Dec 21, 2016 chapter contents last updated 21 december 2016 preliminary procedure when prosecuting a criminal offence first appearance before a court summary and indictable offences defendants options at first appearance before a court summary proceedings in the magistrates court murri court queensland courts referrals summary trials in the magistrates. It is often the fastest means for a person to obtain bail expeditiously and with minimal cost and delay. Protecting witnesses queensland courts afford victims of sexual offences, affected child witnesses and special witnesses protections when proceeding through court. Magistrates courts act 1921 as at 1 march 2017 act 22 of 1921. Apr 30, 2018 68000 correctional centres and visiting magistrates 70000 nsw bar association rules extracts 72000 judicial officers giving testimonials bias family law local court best practice guide local court practice notes index table of cases table of statutes calendar. Queensland magistrates will lead the legal crackdown on family violence with the specialist court trial starting in southport today supported by a new bench book and best practice report to deliver better decisions and outcomes.
The official web site for virginias judicial system. Supreme and district courts criminal directions benchbook. Yasmin gunn queensland courts queensland department of justice and attorneygeneral. Lodge a civil claim at court queensland government. The members of the committee who produced the work, and who have kept it up to date. It deals with serious criminal offences such as rape, child sexual offending, armed robbery and many serious drug offences. Mental health court, land court, coroners court, planning and environment court. Queensland judgments authorised reports and unreported. The queensland judgments website is a joint initiative of the incorporated council of law reporting for the state of queensland and the supreme court of queensland library committee, with the support of queenslands courts and tribunals, and the technical assistance of optimised and caseiq. Since the criminal law duty lawyer program was introduced in queensland in 1974, practitioners appearing in the magistrates or childrens court have seen the. A victim of domestic and family violence seeking a protection order may agree to withdraw their application on the basis that the perpetrator provides an undertaking to the court to do, or refrain from doing, certain things. Whether such a direction is necessary depends on the circumstances of the case. Carters criminal law of queensland contains an annotated penalties and sentences act 1992 which is updated regularly.
The magistrates court of south australia is established by the magistrates court act 1991. The links in each benchbook entry link to a copy of the judgment on either the supreme court library website or, for reported cases, to the relevant subscription service. South australian magistrates are based in adelaide, in metropolitan courts at christies beach, elizabeth, holden hill and port adelaide, and in regional courts at berri, mount gambier and port augusta. The court process for rape and sexual assaults usually involves two separate court jurisdictions, the magistrates court and the district court. If you are having issues with electronic benchbook in word 20, please check that your macro security settings are set to allow macros to run. Courts your rights, crime and the law queensland government. This system is comprised of the supreme court of virginia, the court of appeals of virginia, circuit courts in thirtyone judicial circuits, general district and juvenile and domestic relations district courts in thirtytwo districts, and magistrates in offices in thirtytwo districts. Other regional cities and country areas are serviced by. Apply for probate and search for a will with a grant of probate. Acknowledgements national domestic and family violence. Understanding queenslands court system queensland law society. Principal clerk of courts is principal registrar 3b.
The magistrates court is the first level of the queensland courts system. Domestic and family violence protection act bench book. At time of writing there are 75 permanently staffed magistrates court registries and the magistrates circuit to approximately 80. Civil procedure queensland is the essential practice manual for queensland lawyers. Purpose national domestic and family violence bench book. Magistrates and court staff continue to work hard to deliver justice to the people of queensland. Court processes in criminal matters queensland law. It is the first tier of the queensland courts system and is the busiest of all queensland courts.
Electronic benchbook installation instructions instructions for installation of the ebb 2018. Most criminal cases are first heard in this court in some form. Click options on the bottom left list of options 3. All criminal proceedings in queensland begin in the magistrates court, with minor offences being dealt with summarily, and more serious ones being referred to a higher court on the strength of evidence. Benchbook on sentencing supreme court library queensland. There are magistrates courts in over 100 locations. Magistrates court criminal law benchbook national domestic and family violence bench book supreme and district courts criminal directions benchbook. It is possible a higher court might reject your appeal and even give you a harsher penalty. Dec 19, 2016 home the queensland law handbook the australian legal system the court system the queensland magistrates court last updated 19 december 2016 the magistrates courts of queensland are established under the magistrates courts act 1921 qld magistrates courts act and the justices act 1886 qld justices act. Civil claims for debt or damages and nonoffence based matters eg extraordinary drivers licence applications, dividing fences and restraining orders.
Hundreds of linked and summarised australian state, territory and family court cases on domestic violence, intimate partner violence and family violence. Acknowledgement of traditional owners qut acknowledges the traditional owners of the lands where qut now stands. You should get legal advice before you decide to appeal the decision. We pay respect to elders past, present and emerging and commit to the spirit of meaningful reconciliation between indigenous and nonindigenous australians. Application for a protection order under the domestic and family violence protection act 2012 qld facts. The supreme court library queensland acknowledges the traditional owners and custodians of country. Childrens court child protection proceedings benchbook pdf, 1. There youll also find decisions from the queensland civil and administrative tribunal and the queensland industrial relations commission. Queensland courts all criminal matters begin in a magistrates court. If your trial is in the courts in brisbane, cairns or townsville, you may find it helpful to contact the court network for humanity.