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©State of Queensland
[Reprinted as at 1 December, 19861 stices
As amended by
,
56 Vice No. 23pubd. Gaz. 5 May 1973, p. 93).
Justices Act Amen ment Act ~~~~~ No. 22
Commenced 1 July 1973 (Proc. pubd. Gaz. 9 June 1973, p. 1130).
2 s. 1 JUSTICES ACT 1886- 1985 s. 1
~ r i ~ i n ~ l Code and the Justices Act and Anot er Act (Stock Amen~ment Act 1973, NO.
Commenced 1 April 1974 (Proc. pu Commenced 29 July 1
Gaz. 16 February 1974, p. 687).
~ u s t i c e s Act and Ano er Act A ~ e n d 25 itati at ion of Actions Act 197
4 (Proc. pubd. G
the stic ices Act A ~ e n d m e n t Act e Act 1975, No. 51, s. 3
nuary 1976 (Proc. pubd. Gaz. 20 Dece a1 Code A m e ~
11
Part II commenced I July 1977 (Proc. pubd, Gaz. 18 June 1977, p. 1050).
J ~ s t i c e s Act A r n e ~ d ~ e n t Act I977 (No. 21, No, 33
Part II
C ~ i ~ i n ~ l Law Arne
Part IV commenced 7 April 1979 (Proc. pubd. Gaz. 7 April 1979, p. 1359).
ustices Act A ~ e ~ d m e n t Act 1979, No. 43 JM$tices Act A endment Act 19
Commenced 1 July 1980 (P June 1980, p. 1634).
il Act 1 ~ $ ~ , No. 35, s.
s. 4 (1) First Schedule commenced 1 July 1980 (Proc. pubd. Gaz. 28 June 1980, p.
1634).
ct 1982, No. 56, s. 83
s. 13 commenced 18 April 1983 (Proc. pubd. Gaz. 9 April 1983, p. 1689).
irector of ~ r ~ s e c ~ ~ t i O n s Act and ~ $ t i c e s Act i en No. 25, Part III
s. 12 commenced 1 May 1986 (Proc. pubd. Gaz. 12 April 1986, p. 1571).
An Act to Consolidate and Amend the Laws relating to Justices of the Peace and their Powers and Authorities
[ASSENTED TO 13 OCTOBER, 18861 BE IT THEREFORE ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
PART I-PRELIMINARY
I . Short title an di~ision of Act. This Act may be cited as “The Justices Act of 1886”. It is divided into Parts, as follows:-
PART I-PRELIMINARY;
PART 11-JUSTICES;
s. 2 JUSTICES ACT 1886-1985 si. 4 3
PART 111-JURISDICTION;
PART IV-GENERAL PROCEDURE;
PART V-PROCEEDINGS IN CASE OF INDICTABLE OFFENCES;
PART VI-PROCEEDINGS IN CASE OF SIMPLE OFFENCES AND REACHES OF DUTY;
ART ‘kTTI--RECIPROCAL ENFORCEMENT O F FINES AGAINST
BODIES CORPORATE;
PART IX-APPEALS FROM THE DECISIONS OF JUSTICES;
PART X-PROTECTION OF JUSTICES IN THE EXECUTION OF THEIR
OFFICE;
PART XI-FEES O F COURT.
Preamble repealed by Act o f 1908, 8 Edw. 7 No. 18, s. 2.
s. I as amended by Act o f 1932, 23 Geo. 5 No. 8, s. 4; Act of 1974, No. 25, s. 5.
Collective title conferred by Act of 1985, No. 73, s. 12 (2).
.
(Repealed).Repealed by Act of 1908, 8 Edw. 7 No. 18, s. 2.
C ~ ~ M ~ N C ~ M E ~ T OF ACT
ct. This Act shall commence and take egest on and from the first day of January, one thousand eight hundred and eighty-seven.
INTERPRETATION
In this Act, unless the context otherwise following terms shall have the meanings
“Breach of duty”-Any act or omission (not being a si -payment of a mere debt) upon cornpl
trates Court may make an order on respectively assigned to them, that is to say:--
offence or whereof a
person for the payment of money or for doing or refraining from doing any other act;
“Chairman of a Local Authority”--The mayor for the time being of a City or Town and the chairman for the time being of a Shire within the meaning of “The City of Brisbane Acts, 1924 to 1960”, or “The Local Government Acts, 1936 to 1963”;
“Charge of an indictable oEence”--A charge of an indictable offence as such;
“Clerk of the court”-The person who for the time being is the clerk of every Magistrates Court at a place or places appointed, or deemed to have been appointed, under this Act for the holding of Magistrates Courts in question: The term includes any assistant clerk of the court, deputy clerk of the court
4 s.4 JUSTICES ACT 1886-1985 s, 4
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, unless a contrary intention appears, means an information, cornplaint or charge before a Magistrates Court;
“Court”-A Magistrates Court;
“Decision”--Includes a committal for trial or for sentence, a conviction, order, order of dismissal or striking out or other determination;
“Defendant”-A person complained against before a Magistrates Court or before justices for a simple offence, breach of duty or an indictable offence;
“District Co~rt”--A, court appointed under the authority of “The District Courts Acts, 1958 to 1963”;
“Examination of witnesses in relation to an indictable offence”- An examination of witnesses or the taking of a statement of any person by justices in relation to a charge of an indictable offence;
“Hearing”-Includes an examination of witnesses in relation to an indictable offence;
“Indictable offence”-An offence which may be prosecuted before the Supreme Court, a District Court, or other court having jurisdiction in that behalf, by indictment in the name of
the Attorney-General or other authorized officer;
“Indictment”-A written charge for an indictable offence presented to a court having jurisdiction to try the accused person by the Attorney-General or other authorized officer;
“Jurisdiction”-Includes the place in which jurisdiction may be lawfully exercised;
“Justices” or “justice”-Justices of the peace or a justice of the peace having jurisdiction where the act in question is, or is to be, performed: The term includes a Stipendiary Magistrate and, where necessary, a Magistrates Court constituted under and in accordance with this Act;
“Magistrates Court”-A Magistrates Court constituted under this Act or deemed so to have been;
“Minister”-The Minister for Justice and Attorney-General of Queensland or other Minister of the Crown for the time being charged with the administration of this Act;
“Oat~’-Includes a solemn affirmation or declaration when such affirmation or declaration may by law be made instead of taking an oath, and any promise or other undertaking to tell the truth that may be made under the provisions of any Act relating to the giving of evidence in Courts of Justice;
“Order”-Includes any order, adjudication, grant or refusal of any application, and any determination of whatsoever kind
s. 5 JUSTICES ACT 1886-1985 s.11 5
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: The term 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 men ti one^ 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;
“Police oficer”-Any member of the Police Force;
“Police station”-Includes a police office, watch-house, and lock- up;
“Simple offence”-Any offence (indictable or not) punishable, on summary conviction before a Magistrates Court, by fine, imprisonment, or otherwise;
“Stipendiary agistrate”-Includes the Chief S t i ~ e n d i a r y Magistrate, a Senior Stipendiary Magistrate and an Acting Stipendiary Magistrate;
“Summary conviction” or “conviction”-A conviction by a Magistrates Court for a simple offence.
When by this section a meaning is assigned to any word, any derivative of that word, when used in this Act, shall bear a corresponding meaning.
Substituted by Act of 1964, No. 32, s. 4; as amended by Act of 1980, No. 35, s. 4 (1) First Sch.
5. ~ e s ~~ v owers e~ ~of ~j ~ s ~ ~ ~ e s . ~ 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.
PART IT-JUSTICES
* (Repealed).
Repealed by Act of 1975, No. 51, s. 3 (1).
Governor in Council may (2) The ~ o v e ~ o r in Council may appoint any justice to be-
(a) the Chief Stipendiary Magistrate;
(b) Senior Stipendiary Magistrate in relation to the place where Every appointment of the Chief Stipendiary Magistrate or a Senior Stipendiary Magistrate made prior to the commencement of this Act is
he is stationed.
6 s.12 JUSTICES ACT 1886-1 985 6. 18
validated from and including the date of the appointment and is declared and deemed to be, and to have been at all times, a good and valid appointment.
(3) The Governor in Council may appoint any justice to be an Acting Stipendiary agistrate for a term, either of definite or indefinite d~ration, or for an ose, or otherwise howsoever, specified in the appointment*
(4) (a> The fact that a specific place, or specific places, may be indicated in the a p p o i n t ~ e n t (whether before or after the commencement of “The Justices rnendrnent Act of 196-4”) of any person to be the Chief Stipe istrate or a Senior St diary Magistrate or a
~ t i p e ~ d i a r y OF Acting Stipendiary istrate as the place or places at which he is to be stationed as such shall not prejudice or otherwise derogate from and shall be deemed never to have prejudiced or otherwise derogated from the exercise by him, at any time, of his power and jurisdiction as a stipendiary Magistrate at any other place in the State.
(b) The fact that a ndiary Magistrate sits in any particular court shall be conclusive nce of his authority so to do.
(5) If at the ~ e t ~ r m i ~ a t i o n uxion of time of any a p p o i n t ~ e ~ t er this section or the from his appointment under this section of any Stipendiary on account of his having attained a certain age there shall be any proceeding-
(a) partly heard; or (b) standing for decision,
ointment, notwith§tanding any other Act o the, contrary, shall urpose of determining such proceed in^ an so far as is necessary for that purpose remain in force until a decision shall have been given therein.
As amended by Act of 1941, 5 Geo. 6 No. 9, s. 2; Act of 1964, No. 32, s. 10.
Repealed by Act of 1975, No. 51, s. 3 (1).
&us. (1) The words Stipendiary ~ a g i s t r a t
agistrate, or the let to any magisterial act, s
se sig~ature it ely, the Chief Stip
tipen~iary Magistrate or, as the case te having jurisdiction in the matter.
Substituted by Act of 1964, No. 32, s. 12; as amended by Act of 1975, No. 51, s. 3 (1).
s. 19 JUSTICES ACT 1886- 1985 s.22 7
PART ~[II-JURISDICTION GENERAL PROVISIONS
ision. Whenever by any Act past or future, or by 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 in
and no other prov
may be heard a urt constituted,
subject to this Act, by two or ces in a s u m ~ a ~ manner under the provisions of this Act.
As amended by Act of 1949, 13 Geo. 6 No. 30, s. 3; Act of 1964, No. 32, s. 13.
tion of acts of ~ ~ ~All tsummonses, warrants, ~ ~ ~ s . ders (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.
ion. Every act done or purport stice shall be taken to have jurisdiction without an allegation to that effec contrary is shown.
MAGISTRATES COURTS
s, etc. (1) There istrates Courts.
Each such court shall possess c iction and such other jurisdiction as may, prior to the commencement of “The Justices Acts
Petty there
shall have a seal which shall be kept by the clerk of such court and shall be judicially noticed.
Proclamation-
nt Act of 1964,” have bee or upon justices sitting in e conferred upon Magistrates C
( 2 ) The Governor in Council may from ti (a) Appoint districts for t‘he pu
(b) Abolish, subdivide, or alter the boundaries of any which has been or may at any time hereafter be ap for the purposes of Magistrates Courts, or amalga
ricts or parts of such districts; and
ered desirable assign a name to any such district agistrates Courts;
and vary any such name.
(3) The Governor in GOU appoint places for holding
respectively and if necessary more places than one within the same district and cancel the appointment of any place which has been or shall at any time hereafter be a ~ ~ o i n t e d as a place for holding Magistrates courts.
1 may from time to time by agistrates Courts within
8 s.23 JUSTICES ACT 1886-1985 s. 23
(4) The Governor in Council may from time to time appoint any person to be clerk of the court at one or more such places and any such clerk who has been or may at any time hereafter be appointed may discharge the duties of his office at every place for which he is so appointed.
The person appointed to be such clerk at any place, or deemed so to be, shall be the clerk of every Magistrates Court held at that place.
The Governor in Council may, from time to time, appoint such officers as he deems necessary to assist any such clerk for the effectual execution of this Act.
here the appointment of any place as a place for holding Courts is or, whether before or after the enactment of this subsection, has been cancelled, the Governor in Council may, by the Proclamation cancelling that appointment or by Proclamation subsequently, direct that the complaints, depositions, and other proceedings before, and the decisions of, the Magistrates Court, and the records and accounts, and any other things kept by or in the custody of the clerk of the court at that place be delivered to the clerk of the court at some other place.
Where such a direction is given, all such complaints, depositions, other proceedings, records, accounts, and other things shall be kept by and be placed in the custody of the ~astmen~ioned clerk and all such decisions may be enforced and all proceedings may be commenced, continued or completed at the lastmentioned place as fully and effectually as if the decisions had been decisions at that place.
ithout derogating from the aforegoing provision, all acts, matters and things authorised, permitted or required to be done, executed or taken, or which had been authorised, permitted or required to be done, executed or taken, whether for the purpose of the enforcement or variation of any such decision or any other purpose, by or in relation to the Magistrates Court or justices or the clerk of the court at such firstmentioned place are hereby authorised, permitted or required, as the case may be, to b executed or taken, as the case may be, by or in relation to the rates Court or justices or the clerk of the court, as the case may be, at such lastmentioned place.
(6) Two or more Magistrates Courts may be held (and, for the purpose of allaying any doubts, it is hereby declared that two or more Courts of Petty Sessions always could be held) at any time at any place a~pointed for holding Magistrates Courts or, prior to the commencement of “The Justices Acts Amendment Act of1964”, Courts of Petty Sessions, and nothing in this Act, whether as it appeared before or after the enactment of this subsection, shall be construed as requiring the authority of the Governor in Council to the holding of any such court at any time.
Substituted by Act 1949, 13 Geo. 6 No. 30, s. 4; as amended by Act of 1958, 7 Eliz.
2 NO. 39, s. 3; Act of 1964, No. 32, s. 14.
23. (Repealed).
Repealed by Act of 1964, No. 32, s. 15.
s. 24 JUSTICES ACT 1886- 1985 s.28 9 POWERS OF ONE JUSTICE
.
Acts by one justice. CO pare 11 & 412 Vic. c.justice may receive a complaint, and grant a summons or warrant thereon, and may issue his summons or warrant to compel the attendance of witnesses, and do all other necessary acts and matters preliminary to the hearing, notw~thstanding that the case must be heard and determined by two or more justices,
As amended by Act of 1964, No. 32, s. 16.
fter decision on stice may issue warr nt of ~ ~ e c ~ t ~ o n
CO ent. ~ o m p ~ ~ e 411
.
After a case has been heard and determined, one justice may issue ,thereon any warrant of execution or of commitment, and the justice who so acts need not be the justice or one of the justices by whom the case was heard and determined.As amended by Act of 1949, 13 Geo. 6 No. 30, s. 5.
a r ~ a ~ t s of ~ x e c ~ t ~ ~ ~ after a peal. After an appeal against a conviction or order has been decided against the appellant, any justice may issue a warrant of execution or commitment for execution of the same as if no appeal had been brought.
HEAR IN^ AND QUORUM
aint. Subject to the provisions o be heard and determined by a Court constituted by two or more justices.
determined by-
If any Act authorises a matter of complaint to be heard and (a) a Magistrates Court constituted by one justice; or
(b) one justice,
that matter of complaint may be heard and determined by a Magistrates Court constituted by one justice.
Substituted by Act of 1964, No. 32, s. 17.
e. Except as hereinafter provided, when two or more justices are present and acting at the hearing of any matter and do not agree, the decision of the majority shall be the decision of the justices, and if they are equally divided in opinion, the case shall be reheard at a time to be appointed by the justices.
Provided that upon a Complaint for an indictable offence a Police Magistrate, if he is one of the justices, and in the absence of a Police Magistrate, any two or more of the justices may commit the defendant for trial notwithstanding that a majority of the justices are of opinion that the defendant should be discharged. In any such case, a memorandum
10 s.29 JUSTICES ACT 1886-1 985 s. 31
of the dissent of the majority of the justices shall be made upon or attached to the depositions.
two ~ ~ $ t i c e $ re 11 & 12 vie. c.
rmined, or a CO
st be present th Where a compl
order must be made, by two or more justices, the justices making the decision must be present an act together during the whole of the hearing and determination.
STIPENDIARY MAGISTRATES
trates. (1) A ~ t i p e n d i a ~ M a ~ s t r a t e constituting have power to do alone whatever might be two or more justices constituting a ~ a g i s t r a t e s Court, and shall have power to do alone any act which by any Act may or shall be done by two or more justices.
nless otherwise expressly provided, when a Stipendiary is present at a place appointed for holding Magistrates Courts ailable to constitute any such court to be held at that place
shall be constituted by the Stipendiary Magistrate alone.
g in this subsection shall be construed to abridge or prejudice rial power of justices in taking an examination of witnesses o an indictable oRence, or the powers of justices to receive plaint or to issue, grant or endorse a summons or warrant, to il or to adjourn a hearing of a complaint of a simple offence (3) Section two of ‘“The Justices Acts Amendment Act of 1908” is or breach of duty.
r e p e a ~ e ~ .
Substituted by Act of 1964, No. 32, s. 18.
clerk of petty sessions is not appointed, or from which the clerk of petty sessions is absent, the police magistrate acting in such lace may discharge the duties of clerk of petty sessions, and all acts eh police magistrate in pursuance hereof shall be as valid as uch clerk, and all notices required to be given to such clerk, matters and things required to be done with or in reference to such clerk, may be given to or done with or in reference to such police magistrate, and shall have the like force and effect.
he justices in session to police ty sessions assembled or the r may require that any of such duties, acts, matters, and things as they or he shall think convenient shall be done by, with, or in reference to some police officer, and thereupon such acts, matters, and things if so done shall be as valid as if done by, with, or in reference to a clerk of petty sessions.
Clerk of petty sessions, Court of petty sessions, and justices in petty sessions-now clerk of the court, Magistrates Court and Magistrates Court respectively. See Justices Acts Amendment Act of 1964, s. 2 (4).
s. 32 JUSTICES ACT 1886-1985 s.38 11 EXTENT OF JURISDICTION
.
~ M ~ ntay ~ iace ~0 ~ § nri No act done by a justice e invalid merely by of that at the time of doing such act he was outside the limits of his jurisdiction, and it shall not be necessary that any conviction, order, or othe proceeding, should appear to be made or donne within the geogr hical limits of the jurisdiction of the justice making or doing the same.a.
of eo by ~ ~ ~of li ~ i e ~ srrant remand shall be
throughout the State, notwithstanding that the gaol or other place to which the defendant is committed or remanded, or any place into or through which he is taken by virtue of the warrant, is outside the limits of the jurisdiction of the justice by whom the warrant is granted.
As amended by Act of 1964, No. 32, s. 5 .
poli are wh
required to obey the warrants, orders, and directions of such justice which in that behalf are
,
given, or done, and to do and perform their several ofices and in respect thereof under the pains and penalties to which a pol er is liable for a neglect of duty.o ~ e n ~ i n g against law, and whom he lawfully may and ought to apprehend by virtue ofhis office or otherwise, in an h jurisdiction, may lawfully take and convey the person so ap to and before any justice for such jurisdiction although such justice is out of the limits of such jurisdiction.
O f i C id, are hereby authorised
and required in all such cases so to act in all things as if the justice were within the limits of the jurisdiction for which he so acts.
of such justice dying or ceasing to hold oflice.
S. When a justice refuses to do any e as such justice the party r
such act to be done may apply to the
upr re me
Court, or a judge upon affidavit of the facts, for an order calling upon such jusalso the party to be affected by such act to show cause why such act should not be done, and if after due service of such order good cause is not shown.against it, the Court or judge may make the same absolute with or without or upon payment of costs.
A justice upon being served with an order absolute shall obey the order and do the act required by it to be done.
12 s.39 JUSTICES ACT 1886-1985 s. 40
elivery of certain pro any property-
(a) Has come into the custody or possession of the police- (i) In connection with any criminal charge under “ T h e (ii) In connection with any charge under “The Vagrants, (iii) In connection with any other prosecution under the laws (iv) Otherwise howsoever in the course of their duty; or
Criminal Code”; or
Gaming, and Other Oytrences Act of 1931”; or
of the State; or
(b) Has come into the custody or possession of a court or clerk of petty sessions, whether as an exhibit or otherwise, in connection with any proceeding under this Act in a summary way,
the Court of Petty Sessions may, on application either by an officer of police or clerk of petty sessions or by a claimant of the property, make an order for the delivery of the property to the person appearing to the Court to be the owner thereof, or if the owner cannot be ascertained make such order with respect to the property as to the Court may seem meet:
Provided that no such order shall be a bar to the right of any person to recover the property by action from the person to whom it is delivered by virtue of the order:
Provided further that such action shall be brought within six months next after the order is made.
(2) l ~ t i ~ n ~ . The Governor in Council may make regulations for the disposal of property which has come into the custody or possession of the police or clerk ofpetty sessions under the ~ i r c u m s t ~ n c e s mentioned in cases where the owner of the property has not been ascertained and no order of a competent Court has been made with respect thereto.
Without limiting the generality of such provisions, such r e g ~ ~ a t i o n s may authorise the sale of such property, and the application of the proceeds of such sale in such manner as may be prescribed.
Geo. 6 No. 30, s. 6.
the court. See Justices Acts Amendment Act of 1964, s. 2 (4).
f
Substituted by Act of 1932, 23 Geo. 5 No: 8, s. 2; as amended by Act of 1949, 13 Court of petty sessions, clerk of petty sessions-now Magistrates Court and clerk of
INTERRUPTION OF PROCEEDINGS
enalty for ~ n s ~ l t ~ justices. (1) A person who- (a) wilfully insults a justice or a witness or an officer of the
court during his sitting as, or, as the case may be, attendance in a Magistrates Court or during his sitting or, as the case may be, attendance in any examination of witnesses in
JUSTICES ACT 1886-1985 s.42 13
relation to an indictable offence or who is on his way to or from any such court or examination; or
wilfully misbehaves himself in such a court or in the place where such an examination is being held; or
wilfully interrupts the proceedings of such a court or examination; or
unlawfully assaults, or wilfully obstructs a person in attendance at such a court or examination; or
without lawful excuse, disobeys a lawful order or direction of such court or justice,
may by oral order of such court or justice, be excluded from such court or examination and, whether he is so excluded or not, may be summarily convicted by such court or justice of contempt.
(2) A person convicted of contempt under this section shall be liable to be imprisoned for a period not exceeding fourteen days or to a fine not exceeding one hundred dollars and, in default of immediate payment of such fine, to be imprisoned for a period not exceeding fourteen days.
(3) A person referred to in subsection (1) of this section-
(a) may be dealt with under this section without a complaint being made or a summons being issued in respect of him;
(b) may be taken into custody by a police officer on order of such court or justice and without further warrant;
(c) may be called upon by such court or justice to show cause why he should not be convicted of contempt under this section;
(d) may be dealt with by such court or justice under this section upon the court’s or justice’s own view, or upon the evidence of a credible witness.
(4) A court or justice may, if it or he thinks fit, accept from any person convicted by it or him of contempt under this section, an apology for such contempt and may recommend that the Governor in Council remit or respite any fine or punishment imposed on such person in respect of such contempt.
Substituted by Act of 1964, No. 32, s. 19.
Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.
1. (Repealed).
Repealed by Act of 1899, 63 Vic. No. 9, s. 3.
PART IV-GENERAL PROCEDURE
C O ~ P L A I N T S
ings. (1) Except where otherwise expressly provided or where the defendant has been arrested without
14 s.43 JUSTICES ACT 1886-1985 s. 43
warrant, all proceedings under this Act shall be commenced by a complaint in writing, which may be made by the complainant in person or by his counsel or solicitor or other person authorized in that behalf:
Provided that where a defendant is present at a proceeding and does not object, a further charge or an amended charge may be made against him and be proceeded with although no complaint in writing has been made in respect thereof.
here a defendant has been arrested on any charge and no in writing bas been made and in a case to which the proviso to §ub§ectio~ (1) of this section applies particulars of the charge against him shall be entered on the Bench Charge Sheet.
(2).
Substituted by Act of 1964, No. 32, s. 20; as amended by Act of 1965, No. 43, s. 13
~~~~~~.
( I ) Every complaint shall be for one matter (a) in the case of indictable offences if the matters of compla~ntare such that they may be charged in one ~ndictment;
(b) in cases other than cases of indictable offences, if the matters of complaint-
(i) are alleged to be constituted by the same act or omission on the part of the defendant;
(ii) are alleged to be constituted by a series of acts
omitted to be done in the prosecution of a single purpose;
(iii) are founded on substantially the same facts; or
(iv) are, or form part of, a series of offences or matters s f for two or more matters, except-
complaint of the same or a similar character;
(2) When two or more matters of complaint are joined in the one complaint each matter of complaint shall be set out in a separate paragraph.
( 3 ) At the hearing of a complaint in which two or more matters of complaint have been joined but which does not comply with the provisions of this section-
(a) if an objection is taken to the complaint on the gound of such non-compliance, the court shall require the complainant to choose one matter of complaint on which to proceed at that hearing;
(b) if no such objection is taken to the complaint, the court may proceed with the hearing and may determine the matters of complaint, and may convict or acquit the defendant in accordance with such determination.
(4) If, at the hearing aint, it appears to the court that a defendant may be prejudi arrassed in his defence because the complaint contains more than one matter of complaint or that for any other reason it is desirable that one or more matters of complaint
(c) when otherwise expressly provided,
s. 44 JUSTICES ACT I 886- 1985 s.44 15
should be heard separately, the court may order that such one or more matters of complaint be heard separately.
Substituted by Act of 1964, No. 32, s. 21.
Repealed by Act of 1899, 63 Vic. No. 9, s. 3.
er@. Such description of persons or things as would be sufficient in an indictnient shall be sufficient in complaints.
order, by-law, regulation, or other i n s t ~ m e n t creating the offence, or in similar words, shall be sufficient in law.
here a person is convicted of an offence by a Magistrates Court other than a children's court and it is proved to the satisfaction of the court on oath or as prescribed by subsection (3) of this section that there has been served upon the defendant with the summons or a reasonable time before the time appointed for the appearance of the defendant a notice specifying any alleged previous summary conviction ofthe defendant for an offence proposed to be brought to the notice of the court in the event of his conviction for the ofence charged and the defendant is not present in person before the court, the court may take account of any such previous conviction so specified as if the defendant had appeared and admitted it.
(3) Any person who serves such a notice specifying any alleged previous conviction may serve such notice in the same manner as is provided for the service of a summons by this Act and may attend before any justice having jurisdiction in the State or part of the State or part of the Commonwealth in which such notice was served and depose, on oath and in w ~ t i n g endorsed on the notice, to the service thereof'.
uch deposition shall upon pro uction to the court by whom the case is heard and determined be sufficient proof of the service of the notice on the defendant.
(4) Unless otherwise expressly provided, if, for the purpose of the assessment of penalty in respect of a simple offence, it is intended to rely upon a circumstance which renders the defendant liable, upon conviction, to a greater penalty than that to which he would otherwise have been liable, that circumstance shall be expressly stated in the complaint made in respect of that offence except when that circumstance is that the defendant has been previously convicted summarily of an offence.
As amended by Act of 1963, No. 10, s. 2; Act of 1964, No. 32, s. 22.
16 s. 48 JUSTICES ACT 1886-1985 s. 50 VARIANCE AND AMENDMENT
.
A ~ e of ~ ~ ~ ~ n ~appears to the justices that-
hint. If at the hearing of a complaint, it (a) there is a defect therein, in substance or in form, other than a non-compliance with the provisions of section forty-three of this Act; or
(b) there is a defect in any summons or warrant to apprehend a defendant issued upon such complaint; or
(c) there is a variance between such complaint, summons or warrant and the evidence adduced at the hearing in support thereof,
then-
(i) if an objection is taken for any such defect or variance, the (ii) if no such objection is taken the justices may,
justices shall; or
make such order for the amendment of the complaint, summons or warrant as appears to them to be necessary or desirable in the interests of justice.
Substituted by Act of 1964, No. 32, s. 23.
.
A ~ e n ~ ~ e n ~ . ~~~~~~e 11 & 12 Vic. c.Vic. c . 43, s. 3. If in making an order for the amendment of a complaint summons or warrant the justices consider that the defendant has been misled by the form in which the complaint summons or warrant has been made out or if it appears to them that the variance between the complaint summons or warrant and the evidence adduced at the hearing in support thereof is such that the defendant has been thereby deceived or misled, they may, and at the request of the defendant shall, upon such terms as they think fit, adjourn the hearing of the case to some future day, and in the meantime may commit the defendant, or whether or not the defendant is in custody, may admit him to bail or may suffer him to go at large without bail.
As amended by Act of 1949, 13 Geo. 6 No. 30, s. 9; Act of 1980, No. 35, s. 4 (1) First Sch.
of a ~When an order for the amendment ~ ~ ~ ~ ~ ~ ~ .
of a complaint, summons or warrant has been made, the Magistrates Court, or, as the case may be, the justices taking an examination of witnesses in relation to an indictable offence, shall forthwith cause particulars thereof to be entered on the proceedings and, if thereunto required by the party against whom the order has been made, shall cause a minute thereof to be given to him.
Substituted by Act of 1964, No. 32, s. 24; as amended by Act of 1965, No. 43, s. 13 (2).
s, 51 JUSTICES ACT 1886-1985 s.54 17 COMPLAINTS HOW MADE
~ ~to be on oath an a ~ ~ t not. Unless otherwise (a) when it is intended to issue a warrant in the first instance against the party charged, the complaint in writing must be on oath, which oath may be made by the complainant;
(b) when it is intended to issue a summons in the first instance against the party charged, the complaint in writing need not be on oath.
expressly provided-
Substituted by Act of 1964, No. 32, s. 25.
LIMITATION
52. ~ ~ ~ ~ t a t ~ o ~ of
In any case of a simple offence or breach of duty, unless some other time is limited for making complaint by the law relating to the particular case, complaint must be made within one year from the time when the matter of complaint arose.
As amended by Act of 1949, 13 Geo. 6 No. 30, s. 1 1.
SUMMONS
sue
9 S.
person is guilty uspected of having committed any indictable offence, simple offence, or breach of duty, within the jurisdiction of such justice, then such justice may issue his summons.
No objection shall be taken or allowed to a summons issued upon a complaint under this section on the ground that-
(a) the justice who issued the summons and the complainant were at the date of its issue-
(i) officers o f the same department, subdepartment, branch or section o f a department of the Government of the Commonweal r of the State;
(ii) employees of
(iii) employees of the same Local Authority within the meaning (b) the justice who issued the summons was at the date of its issue, the complainant’s solicitor, or that solicitor’s partner or an employee of either of them.
bane City Council;
of the Local Government Act 1936-1971; or
As amended by Act o f 1973, No. 22, s. 3.
Every summons shall be directed to the defendant and shall require him to appear at a certain time and place before the Magistrates Court, or, as the case may require, before justices taking an examination of witnesses in relation to an indictable offence, to answer the complaint and to be further dealt with according to law.
18 s.55 JUSTICES ACT 1886-1985 s. 56
Every summons shall be served in accordance with this Act, and, where the summons has been issued on a complaint in writing, other than an entry of a charge on a Bench Charge Sheet, a copy of such complaint shall be served with and in the same manner as the summons.
(2)'Every summons and, where the summons has been issued on a complaint in writing, other than an entry of a charge on a
Charge Sheet, such complaint, shall, before the hearing is proceeded with, be lodged with the clerk of the court at the place at which the defendant is required by the summons to appear, to be by such clerk kept and preserved.
a s ~ ~ m o n s has not been served iipon a defendant at which the defendant is thereunder required to gistrates Court, or, as the case may be, before justices taking an examination of witnesses in relation to an indictable offence, the clerk of the court at the place where the ~ e f e n ~ a n t is r e ~ u i r e d by the summons to appear, being a justice, OF other justice at n such place . authorized by such clerk, whether or not such clerk is may, from time to time and before, at or after the time ap y the s u m ~ o n s for the appearance of the defendant in accor h the summons, extend the time so appointed.
(b) Every such extension shall be made under the hand of the j ~ s t ~ c e mahng the same, w shall alter the time appointed in the summons and shall endorse sign a memorandum in the margin of the summons, arly opposite such altera ticable, stating that the time nted bas been extended to which such time has been ded,
Substituted by Act of 1964, No. 32, s. 26; as amended by Act of 1965, No. 43, s. I3 (2); Act of 1968, No. 14, s. 4.
herein contained shall oblige any justice to issue a summons in any case where the app~icat~on for an order ofjustices is by law to be made ex parte.
SERVICE, ENDORSEMENT, AND PROOF OF SERVTCE
.
(1) A s u m ~ o n s shall be properly served upon the person to whom it is directed if it is served in accordance with this subsection, that is to say-(a) in the case o f a ~ u ~ m ~ n s directed to a person to appear to answer a complaint of a simple offence or breach of duty, by posting (by means of registered post) a copy hereof addressed to him at his place of business or residence last known to the complainant at least twenty-one days before the date on which the defendant is, by the summons, required to appear; or
(b) in all cases (including the case refenred to in subparagraph (a) o f this subsection), by delivering a copy thereof to him personally or, if he cannot reasonably be found, by leaving
s. 56 JUSTICES ACT 1886-1985 s. 56 19
a copy thereof with some person for him at his usual place of business or residence or place of business or residence last known to the person who serves the summons.
(2) Save where it appears that the person to whom a copy of a summons was posted addressed to him at an ad ress in this sub~ection specified was not, to the k n o w ~ e d ~ ~ of the complainant, at the time of posting, residing or carrying on business at such address, it shall be s u ~ c i e n t compliance with the provisio~s of subparagraph (a) of subsection (1) of this section if the copy summons i s addressed to an address as (a) in the case o f an offence arising out o f the driving or use of a motor vehicle or an attempt so to do, the address appearing as the address of the person on a driver’s licence produced by him at or about the time of the alleged o ~ e n c e or upon the inve
) in the case of an ce a ~ l e g e ~ against a person as owner of a motor vehicle, the address appearing in the current certificate of re~istration of the motor vehi
Main Roads Acts, 1920 to 1965”, as the person;
(c) in the case of any o offence or breach of duty, the s appearing as t dress of the person in any licence stration for the being in force p e ~ i n i n g to such person or to any roperty of which he appears to be the owner or occ~pier and which licence or registration such person holds OF has effec under the Act against or under a provision of which the nce or breach is alleged to have been committed.
fOll0 W S:
-
(3) The person who serves a summons shall either-
(a) attend personal~y before the strates Court, or, as the case may be, the justices taki examination of witnesses in relation to an indictable at the place and time for hearing mentioned in t ons and, if necessary, at any extended time therefore? to depose, if n e c e $ s a ~ , to the service thereofi or
1
attend before any justice o f t e peace having ~ ~ ~ s d i c ~ i ~ n in the State or part of the Slate or part of the ~ o ~ ~ o n w e ~ l t h in which such § u ~ m o n s was served and depose, on oathand in writing endorsed on a copy o f the summons, to the service thereof.
ere a s ~ ~ ~ o n s is served as prescribed by ~ u b p a r a g r a ~ h (a) n (1) of this section,---.
(a) the person who serves the summons shall, in his deposition as to service endorsed on a copy of the summons under subsection (3) of this section, state the time and place at which he posted the copy of the summons;
(b) the complainant shall depose, on oath and in writing endorsed on the copy o f the summons endorsed under subsection (3)
20 s.57 JUSTICES ACT 1886-1985 s. 57
of this section, that the address to which a copy of the summons was posted is (if such be the case) the defendant's address last known to him and as to his means of knowledge.
(5) Every such deposition shall, upon production to the Magistrates Court by which or to the Stipendiary Magistrate by whom the complaint upon which the summons issued, is heard, or, as the case may be, to the justices who take the examination of witnesses in relation to an indictable offence in respect of that complaint, be evidence of the matters contained therein and be sufficient proof of the service of the summons on the defendant.
(6) Where proof is required in any proceeding of the service of a document which-
(a) pursuant to any enactment or rule of law may be served in the same manner as a summons may be served under this Act; or
(b) is served at the same time as, and in connection with a summons served under this Act,
the provisions of subsection (1) of this section. shall apply and be construed as if a reference in that subsection to a summons were a reference to such a document.
The person who serves the document may attend before any justice having jurisdiction in the State or part of the State or part of the Commonwealth in which such document was served and depose on oath and in writing endorsed on the document to the service thereof.
Such deposition shall, upon production to the court by which or to the S t i p e n d i a ~ ~ a g i s t r a t e by whom the proceeding is heard and determined, be evidence of the matters contained therein and be sufficient proof of the service of the document on the defendant.
Substituted by Act of 1964, No. 32, s. 27; as amended by Act of 1968, No. 14, s. 5;
Act of 1973, No. 22, s. 4.
WARRANTS IN THE FIRST INSTANCE at cases issued. 11 2, S. 1. When complaint is made before a justice-
(1) That a person is suspected of having committed an indictable offence within the limits of the jurisdiction of such justice, or
(2) That a person charged with having committed any such offence elsewhere in Queensland is suspected of being within
igh seas or abroa
person charged with having committed an indictable offence on the high seas, or in any creek, harbour, haven, or other place in which the Admiralty of England have, or claim to have, jurisdiction, or on land outside the State of Queensland, (3)
s . 58 JUSTICES ACT 1886-1985 s.62 21
of which offence cognizance may be taken by the Courts of the State, is suspected of being within such limits,
the justice may issue his warrant to apprehend such person and to cause him to be brought before justices to answer the complaint and to be further dealt with according to law.
As amended by Act of 1964, No. 32, s. 5.
roviso. Provided that the justice, if he thinks fit, instead of warrant in the first instance to apprehend the person charged, may proceed by summons and issue a summons against him accordingly.
sum warrant at any time before or after
the time mentioned in the summons for the appearance of the defendant.
82 vie. ec. 43, s.
2. (1) When cornplaint is made before a justice of a simple offence, the justice may, upon oath being made before him substantiating the matter of the complaint to his satisfaction, instead of issuing a summons, issue in the first instance his warrant to apprehend the defendant, and to cause him to be brought before justices to answer the complaint and to be further dealt with according to law.
(2) A warrant in the first instance shall not be issued on a complaint of a simple offence (not being an indictable offence) pursuant to subsection (1) unless the Act or law creating the offence authorises-
s to i § § ~ i ~ ~ warr
justice may issue s, Notwithstanding the issue of a
(a) the arrest of an offender without warrant; or (b) the issue of a warrant in the first instance.
As amended by Act of 1977, No. 13, s. 5.
DIRECTION OF WARRANTS
11 may answer a complaint may be directed either to any police officer or officers by name, or generally to all police officers within the ju~sdiction within which the warrant is to be executed, without naming them, or to both.
te warrant. Go s. 3. When a
to all police oPficers any police officer may execute the warrant as if it was directed specially to him by name.
FORM OF WARRANT
shall order. Compare 11 a
,
s. 3. A warrant shall stor matter of the complaint on which it is founded, and shall name or otherwise describe the person against whom it is issued, and it shall order the police officers to whom it is directed to apprehend the
22 s.63 JUSTICES ACT 1886-1985 s e 71
defendant, and to bring him before justices to answer the complaint and to be further dealt with according to law.
in force until executed, and may be executed by apprehending the defendant at any place within the jurisdiction of the justice who issued it.
As amended by Act of 1968, No. 14, s. 6.
Repealed by Act of 1899, 63 Vic. No. 9, s. 3.
SUNDAY WARRANTS
.
A justice may grant le offence, or a search or iswarrant, on a Sunday as on any other day.
a (Repealed).
Repealed by Act of 1964, No. 32, s. 28.
ARREST WITHOUT WARRANT
to be dealt wit
taken into custody for an offence without a warrant shall be brought before a justice to be dealt with according to law as soon as practicable after he is taken into custody.
Substituted by Act of 1958, 7 Eliz.’2 No. 39, s. 4.
A. (Repealed).
Heading repealed by Act of 1980, No. 35, s. 4 (1) First Sch.
s. 69A repealed by Act of 1980, No. 35, s. 4 (1) First Sch.
PUBLICITY
place in which justices sit to hear and ny complaint upon which a conviction or order may be blic court, to which all
ers sons
conveniently contain them:
made, shall be deemed an open and may have access so far as the same
Provided nevertheless that in any case in which, in the the justices, the interests of public morality require that
persons should be excluded from the Court, the justices may exclude such persons therefrom accordingly.
ut such power shall not be exercised for the purpose of excluding the counsel or solicitor for the defendant.
x c ~ ~ s ~ o ~ of s t r ~ ~ g ~ r s . ~o~~~~~ 1%
room or place in which justices take the examinations and statements of persons charged with indictable offences for the purpose of committal
S. 7 1 A JUSTICES ACT i886-1985 S . 7 P A 23
for trial and the depositions of the witnesses in that behalf shall not be deemed an open court, and the justices may order that no person shall be in such room or place without their permission, but they shall not make such order unless it appears to them that the ends of justice require them so to do.
s ~ ~ achi1 ~ ~ § t in ra.
this Act justices shall whilst any child hereinafter in this subsect~on mentioned is giving evidence in the case exclude from any room or place in which such justices-
(i) Sit to hear and determine any complaint of an offence of a sexual nature alleged to have been committed upon a child under the age of seventeen years; or
(ii) Take the examination and statement of any person in relation to a charge of an indictable offence of a sexual nature alleged to have been committed upon a child under the age of seventeen years for the purpose of committal for trial,
all persons except the Crown Law officer or person authorised or directed by him, officers of the court, the complainant, the prosecuting officer, the member of the police force in charge of the case, the counsel and solicitor for such complainant, ~rosecuting officer, or member, the defendant, his counsel and solicitor, any parent or guardian of such child and (whilst any other child under the age of seventeen years is giving evidence or being examined in the case) any parent or guardian of such other child, any representative of the Department of Children's Services, and any representative of organisation or institution interested in the care or reform of chi1 and any person who in any report of such case pub~ishes the name, ddress, or name and address of any such child or of any parent or guardian of any such child shall be liable to the penalty specified in subsection two ofthis section.
a sexual re, (i) Notwithstanding anything contained in any Act or law, in any proceedings-
(a) Where the justices hear and determine any complaint of an offence of a sexual nature or take the examination and statement of any person in relation to a charge of an indictable 'offence of a sexual nature; or
(b) Where the judge presides at the trial of any person who has been committed for trial or for sentence in relation to a charge of an indictable offence of a sexual nature,
the justices, or as the case may be, the judge, may make an order p ~ o h i b i t i n ~ the publication of the whole of such proceedings in any newspaper, or prohibiting the p ~ b ~ i c a t i o n of such part of the proceedings and/or the name or names of any witness or witnesses under the age of seventeen years, and/or the name of the complainant or the person against whom the offence was committed, where such complainant or person is a female, as they or he shall specify in the order concerned.
P ons of section ent O f
24 S.71S JUSTICES ACT 1886-1 985 s. 7 t B
(ii) If any person acts in contravention of any order made under this subsection, such person shall be liable, if a c o ~ o r a t i o n , to a penalty o f not more than one thousand dollars, and if any other person, to a penalty of not more than two hundred dollars or to imprisonment for a term not exceeding six months, or to both such penalty and imprisonment:
Frovided that where a person who is guilty of an offence under this subsection is a c o ~ o r a t i o n ? any person being a member of the p e c u n i a ~ penalty or imp~sonment or both provided by this subsection in the case of such an offence by a person other than a c
according~y, unless he proves that the act or omission const offence took place without his knowledge or consent^
(iii) For the purposes of this subsection the term “news~aper” has
the like meaning as in section three of “The Printers and ~ e ~ ~ ~ a ~ e r s Act ~ ~ ~or any Act amending the same. 9 ~ ~ ’ ’
(iv) ~ o t h i n ~ in this section shall prevent the pub~ication of such proceedings in any separate vo~ume or part of any bona fide series of law reports which does not form part of any other publication and consists solely of reports of ~roceedings in courts of law or in any publication of a technical character bona fide intended for circu~ation among members of the legal or medical professions:
Provided that where an order prohibiting the publication has been made, any such publication refer re^ to in this paragraph shall not contain the names of the defendant or of the witnesses or of any other
ay serve to identify the case referred the pub~ication of the name or any witness or witnesses, such order body, director, manager or officer of such c d to have committed the like offence and
in that regard.
Geo. 6 No. 6, s. 4 (1): Act of 1968, No. 14, s. 7.
Act of 1965.
Inserted by Act of 1945, 9 Geo. 6 No. 1 I. s. 15; as amended by Act of 1946, 1 1 Decimal currency references s u b s ~ i t u t ~ d pursuant to section 7 of Decimal Currency
before the co~mencement of that proceed in^ or i m ~ e ~ i a t e l y after the conclusion thereof or during an adjournment thereof, by means of a c a m ~ r a or simi~ar apparat~s or ~epr o d ~cin g equipment? takes a photograph or produces a picture or other optical effect (in any case whether a movie or a still)-
(a) in or of the room or place in which the proceeding is being, is about to be or has been conducted or of a person therein;
(b) in or of the room or place for the time being set a
a purpose connected with that proceeding or of a person therein;
