This is where the complainant and the defendants meet and litigate their legal matters. Trial courts are categorized according to the seriousness of criminal offences.
In Queensland, there are two courts which are exercising general jurisdictions in criminal law regarding serious criminal offences. These two courts are the Supreme Court and the District Court. Magistrate court is the venue for of offences which are not serious in nature. It is also known as the lower level court.
Both the Supreme Court and the District Court are presided over by a trial judge who rules on the question of law raised during the trial. The question of guilt and the facts of the case are determined by the jury. However, the District court’s jurisdiction is limited to indictable offences where the maximum penalty imposed is imprisonment of not more than 14 years and over offences listed under the District Court of Queensland Act 1967 and has the authority to summarily take cognizance of cases involving non indictable offences as set out in the Code.
On the other hand, the Magistrate Court has its own jurisdiction which is divided into two types. One involves examination of witnesses to determine whether a prima facie case has been established against the person charged with the indictable offence which is also termed as a committal hearing. When the judge found that there is an insufficient evidence, the accused is discharged. If there is a strong evidence and the accused pleads guilty, there will be committal sentence to the Supreme Court or to the District Court as the case may be.
This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers. Criminal Lawyers Brisbane , Criminal Lawyers Sunshine Coast, Criminal Lawyers Gold Coast
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.