Justices Act 1886

This Act may be cited as the Justices Act 1886.

A note in the text of this Act is part of this Act. hdg prec s 3 om 1992 No. 40 s 5 hdg prec s 4 om 1992 No. 40 s 5

In this Act—address, for part 3 division 2A, see section 23A.appealed order, for part 9, division 1, see section 221.approved procedures, for computer warrants, see section 67(1).arresting officer, for part 4, division 10B, see section 83D.associated place, for part 6A, see section 178B.audio link facilities means facilities, including telephone, that enable reasonably contemporaneous and continuous audio communication between persons at different places.breach of duty means any act or omission (not being a simple offence or a non-payment of a mere debt) on complaint of which a Magistrates Court may make an order on any person for the payment of money or for doing or refraining from doing any other act.chairperson of a local authority...charge of an indictable offence means a charge of an indictable offence as such.clerk of the court means the person who for the time being is the clerk of every Magistrates Court at a place or places appointed under this Act for the holding of Magistrates Courts in question, and includes any assistant clerk of the court, deputy clerk of the court and any person who for the time being occupies or performs the duties of such office.complaint includes the terms ‘information’, ‘information and complaint’, and ‘charge’ when used in any Act, and means an information, complaint or charge before a Magistrates Court.computer warrant see section 67(1).correctional institution, for part 6A, see section 178B.court means a Magistrates Court.court cell, for part 6A, see section 178B.decision includes a committal for trial or for sentence, a conviction, order, order of dismissal or striking out or other determination.defendant—

for part 3, division 2A—see section 23A; or

otherwise—means a person complained against before a Magistrates Court or before justices for a simple offence, breach of duty or an indictable offence.

disclosure obligation, for part 4, division 10B, see section 83D.disclosure obligation direction, for part 4, division 10B, see section 83D.District Court...domestic violence offence see the Criminal Code, section 1.examination of witnesses in relation to an indictable offence means an examination of witnesses or the taking of a statement of any person by justices in relation to a charge of an indictable offence.facility user, for part 6A, see section 178B.fine, for part 7, see section 179.general manager, for part 9, division 1, see section 221.hearing includes an examination of witnesses in relation to an indictable offence.incorporated legal practice see the Legal Profession Act 2007, schedule 2.indictable offence means an offence which may be prosecuted before the Supreme Court, the District Court, or other court having jurisdiction in that behalf, by indictment in the name of the Attorney-General or other authorised officer.indictment means a written charge for an indictable offence presented to a court having jurisdiction to try the accused person by the Attorney-General or other authorised officer.jurisdiction includes the place in which jurisdiction may be lawfully exercised.justices or justice means justices of the peace or a justice of the peace having jurisdiction where the act in question is, or is to be, performed, and includes a magistrate and, where necessary, a Magistrates Court.lawyer means an Australian lawyer who, under the Legal Profession Act 2007, may engage in legal practice in this State.Magistrates Court...Minister...notice of appeal, for part 9, division 1, see section 221.oath...order includes any order, adjudication, grant or refusal of any application, and any determination of whatsoever kind made by a Magistrates Court, and any refusal by a Magistrates Court to hear and determine any complaint or to entertain any application made to it, but does not include any order made by justices committing a defendant for trial for an indictable offence, or dismissing a charge of an indictable offence or granting or refusing to grant bail and, in the last mentioned case, whether or not the justices are sitting as a Magistrates Court or to hear an examination of witnesses in relation to an indictable offence.party, for part 4, division 10B, see section 83D.police officer...police station includes a police office, watch-house, and lockup.primary court, for part 6A, see section 178B.prison, for part 9, division 1, see section 221.private complaint means a complaint made by a person who is not—

a public officer; or

in making the complaint, acting in—

the execution of a duty imposed on the person by law; or

the proper administration of an Act or Commonwealth Act.

proceeding, for part 6A, see section 178B.prosecution, for part 4, division 10B, see section 83D.public officer means—

an officer or employee of the public service of the State or the Commonwealth; or

an officer or employee of a statutory body that represents the Crown in right of the State or the Commonwealth; or

an officer or employee of a local government;

who is acting in an official capacity.reciprocating court, for part 7, see section 179.reciprocating State or Territory, for part 7, see section 179.registry committal means a committal by the clerk of a court under an order under part 5, division 7A.relevant clerk of the court, for part 9, division 1, see section 221.relevant Magistrates Court, for part 9, division 1, see section 221.relevant registrar, for part 9, division 1, see section 221.respondent, for part 9, division 1, see section 221.RSPCA inspector means a person who—

holds an appointment as an inspector under the Animal Care and Protection Act 2001; and

is an employee of the Royal Society for the Prevention of Cruelty to Animals (Queensland) Limited.

simple offence means any offence (indictable or not) punishable, on summary conviction before a Magistrates Court, by fine, imprisonment, or otherwise.Stipendiary Magistrate...summary conviction or conviction means a conviction by a Magistrates Court for a simple offence.video link facilities means facilities, including closed-circuit television, that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places, including, for example, video link facilities.

Nothing in this Act shall be construed to diminish or take away from any power or authority conferred on justices of the peace by any other Act, except so far as the provisions of this Act are inconsistent with the existence or exercise of such power or authority.

hdg prec s 17

Whenever by any Act past or future, or by this Act, any person is made liable to a penalty or punishment, or to pay a sum of money, for any offence, act, or omission, and such offence, act, or omission is not by the Act declared to be an indictable offence, and no other provision is made for the trial of such person, the matter may be heard and determined by a Magistrates Court constituted, subject to this Act, by 2 or more justices in a summary manner under the provisions of this Act.

All summonses, warrants, convictions, and orders (not being by law authorised to be made by word of mouth only) shall be under the hands of the justices issuing or making the same.

Every act done or purporting to have been done by or before a justice shall be taken to have been done within the justice’s jurisdiction without an allegation to that effect unless and until the contrary is shown.

The Magistrates Courts, as formerly established as courts of record in Queensland, are continued in existence.

Each Magistrates Court is to have and use a seal with the words ‘Magistrates Court of Queensland’.

Each Magistrates Court may have other seals required for the business and administration of the court.

Magistrates Courts are to have the civil, criminal and other jurisdiction—

that Courts of Petty Sessions or justices sitting in Petty Sessions had before the commencement of the Justices Acts Amendment Act 1964; and

that is conferred on them by this Act and other Acts.

The Governor in Council may make regulations with respect to—

the appointment of districts, and divisions of districts, for the purposes of Magistrates Courts; and

the names of districts and divisions; and

the appointment of places for holding Magistrates Courts within districts and divisions; and

the transfer of proceedings, matters, documents, records and accounts from one Magistrates Court to another.

Despite the appointment under subsection (1)(c) of a particular place within a district or division as a place for holding a Magistrates Court—

the Magistrates Court, if constituted by a magistrate, may sit at another place in the district or division; and

if it sits at another place in the district or division, the place is taken to have also been appointed under subsection (1)(c).

Two or more Magistrates Courts may be held at the same time at the same place.

Provision made by a proclamation under section 22 (as in force immediately before the commencement of this section) continues to have effect, after the commencement, as if it had been made by a regulation.

Provision made by an order in council under the Decentralisation of Magistrates Courts Act 1965, section 5 (as in force immediately before the commencement of this section) continues to have effect, after the commencement, as if it had been made by a regulation under this Act.

The chief executive may appoint an appropriate person to be clerk of the court, or an assistant clerk of the court, at 1 or more places.

A clerk of the court—

may discharge the functions of the office at each place for which the clerk is appointed; and

is the clerk of each Magistrates Court held at the place.