Download Justices Act 1886 PDF

TitleJustices Act 1886
LanguageEnglish
File Size896.7 KB
Total Pages199
Table of Contents
                            Queensland
Contents
Part 1 Preliminary
	1 Short title
	2 Note in text
	4 Definitions
	5 General saving of powers of justices
Part 3 Jurisdiction
	19 General provision
	20 Authentication of acts of justices
	21 Presumption
	22 Continuance of Magistrates Courts
	22A Jurisdiction of Magistrates Courts
	22B Magistrates Courts districts
	22C Appointment of clerks of the court
	23 Vacancy in office of clerk of court etc.
	23A Definitions for div 2A
	23B Act has effect subject to division
	23C Venue of hearing complaint to be determined subject to this section
	23D Power of clerk of the court to adjourn hearings
	23DA Further powers of clerk of the court
	23E Court or justices may adjourn within or outside district
	23EA Additional powers of court or justices
	24 Acts by 1 justice
	25 After decision 1 justice may issue warrant of execution or commitment
	26 Warrants of execution after appeal
	27 Hearing of complaint
	28 Majority to decide
	29 When 2 justices required, must be present throughout the case
	30 Stipendiary magistrates
	32 Justices may act outside jurisdiction
	33 Warrants of commitment and remand by justices of limited jurisdiction
	35 Apprehended person may be taken before any justice
	37 Summons or warrant not avoided by death of justice etc.
	38 Order in lieu of mandamus
	39 Power of court to order delivery of certain property
	40 Penalty for insulting or interrupting justices
Part 4 General procedure
	41 Prosecution disclosure
	42 Commencement of proceedings
	43 Matter of complaint
	46 Description of persons and property
	47 What is sufficient description of offence
	48 Amendment of complaint
	49 Amendment
	50 Recording of amendment
	51 When complaint to be on oath and when not
	52 Limitation of proceedings
	53 When justice may issue summons
	53A Power, after summons issued, to order mediation
	53B Further provision for a summons after mediation is ordered
	54 Form of summons and filing of complaint and summons
	55 Ex parte proceedings
	56 Service of summonses
	56A Right of entry to serve summons
	57 Cases in which warrants may be issued
	58 Summons may be issued instead of warrant
	59 Warrant in the first instance
	60 Direction of warrant
	62 What warrants shall order
	63 Warrant to be in force till executed
	64 Sunday warrants
	65 How person arrested without warrant to be dealt with
	66 Purpose and application of division
	67 Approved procedures for computer warrants
	68 Creation of a computer warrant
	69 Computer version of computer warrant
	69A Written version of computer warrant
	69B Execution of a computer warrant
	69C Further procedure on execution of warrant
	69D Application of division
	69E Facilitation of execution of written warrant
	70 Open court
	71 Exclusion of strangers
	71B Prohibition on taking photographs, producing pictures or other optical effects
	72 Lawyer
	73 Evidence how taken
	74 Prosecutor’s and complainant’s witnesses
	76 Proof of negative etc.
	77 Taking of evidence
	77A Views and inspections
	78 Power to issue summons to witness
	79 After summons warrant
	81 Warrant in the first instance
	82 Witness not answering
	83 Production of documents before justices
	83A Direction hearing
	84 Remand of defendant
	85 Verbal remand
	86 Bringing up during remand
	88 Adjournment of the hearing
	89 Place of committal or detention
	90 Place to which committal to be made
	91 Notice to witness
	93 Adjournment on non-appearance
	94 Recognisances taken out of court
	94A Non-acceptance of sureties
	95 Forfeited recognisances how to be enforced
	97 Conveying prisoners to prison
	98A Records of court
Part 5 Proceedings in case of indictable offences
	99 Certificate where information is presented
	100 Warrant thereon
	101 Committal of person who has been apprehended
	102 Detainer of prisoner in corrective services facility
	102A Application of provisions
	102B Service of summons and particulars on private complaint
	102C Application for dismissal of frivolous or vexatious complaints
	102D Appeal to Supreme Court from magistrate’s decision
	102E Further proceedings on a dismissed or struck out complaint prohibited
	102F Publication prohibited
	102G Dismissal for want of prosecution
	103 Disobedience of summons
	103A Defendant’s appearance upon private complaint
	104 Proceedings upon an examination of witnesses in relation to an indictable offence
	104A Defendant may be excused from certain attendances
	105 Statement may be put in evidence at trial
	106 Saving
	108 Procedure upon a consideration of all the evidence
	109 One justice
	110 Justices need not be present during whole examination
	110A Use of tendered statements in lieu of oral testimony in committal proceedings
	111 Depositions of persons dead, absent etc.
	113 Procedure if defendant pleads guilty
	113A Committal proceedings where defendant is a corporation
	121 Transmission of undertaking as to bail
	123 Notice to witness
	126 Transmission of depositions
	127 Duty of Attorney-General etc.
	128 Authority of judge
	129 Recommittal in case of error
	132 Examination by justices for an offence committed in another Magistrates Court district
	133 Remand to another place
	134 Effect of depositions, undertakings as to bail and notices to witnesses taken, given or ordered to be given elsewhere than at place of committal
Part 6 Proceedings in case of simple offences and breaches of duty
	139 Where summary cases to be heard
	140 Adjournment to different place
	141 Dismissal or adjournment in absence of complainant
	142 Proceedings in absence of defendant
	142A Permissible procedure in absence of defendant in certain cases
	143 Adjournment of hearing if warrant to apprehend defendant issued
	144 Both parties appearing
	145 Defendant to be asked to plead
	146 Where defendant pleads not guilty
	146A Proceeding at the hearing on defendant’s confession in absentia
	146B Payment to clerk of the court of money recoverable in a summary way
	147 Justices may proceed to hearing in absence of both or either of the parties
	147A Power of justices to reopen proceedings and rectify orders
	148 Conduct of summary proceedings regulated
	149 Dismissal of complaint
	150 Minute of decision to be made and advice sent by post
	151 Formal convictions and orders
	152 Formal record of conviction not necessary, except for special purposes
	153 No certiorari order
	154 Copies of record
	157 Costs on conviction or order
	158 Costs on dismissal
	158A Exercise of discretion in relation to an award of costs
	158B Costs for division
	159 The sum allowed for costs to be specified in the conviction or order
	160 Costs how recoverable
	161 Mode of enforcement where no express provision made
	161A Mode of levying penalties, moneys or costs
	162 Power to detain until return of warrant
	163 Commitment in default of execution
	163A When court may order imprisonment in default of execution
	164 Payment by instalments of, or security taken for payment of, money
	166A Power to issue or postpone warrant
	167 Commitment where execution would be ruinous
	169 To whom payments to be made
	171 Effect thereof
	172 Procedure on execution
	173 Mitigation of punishment by justices
	174A Police officer to execute warrant of commitment when full sum not tendered
	175 Transfer of jurisdiction as to enforcement of fines etc.
	175A Allocation of part payments
	175B Order of satisfaction if amounts payable under more than 1 decision
	177 Remission of penalty
	178 Power to withhold fines payable to informers
	178AA Warrant may include charge for its issue
Part 6A Use of video link facilities
	178A Purpose of part
	178B Definitions for part
	178C Use of video link facilities in proceedings
	178D Facility user taken to be before the court
	178E Way video link facilities must be operated
	178F Facilities for private communication
	178G Variation or revocation of order
Part 7 Reciprocal enforcement of fines against bodies corporate
	179 Meaning of terms
	180 Reciprocating States and Territories and reciprocating courts
	181 Enforcement by Magistrates Court
	182 Enforcement by reciprocating court
Part 9 Appeals from the decisions of justices
	221 Definitions for div 1
	222 Appeal to a single judge
	222A Stay of particular matters
	222B Appeal documents must be sent to the relevant registrar
	222C Contact details and address for service
	222D Duty of relevant registrar to give notice of appeal and appeal hearing
	222E Duty of relevant registrar to give notice when particular issues arise
	223 Appeal generally a rehearing on the evidence
	224 Powers of judge incidental to appeal
	224A Right of appellant to be present
	225 Powers of judge on hearing appeal
	226 Costs
	227 Judge may state case
	228 Appeal not to be defeated for defect in notice etc.
	228A Discontinuance of appeal
	229 Appeal may be struck out
	230 Memorandum of judge’s determination
	231 Enforcement of decision
	232 Costs of appeal
	232A Costs for division
	233 Control of Supreme Court over summary convictions
	234 Amendment
	235 In cases of certiorari order
	236 Notice dispensed with
	237 Power of court or judge to grant bail
	238 Respecting the amendment of convictions etc.
	239 Want of summons or complaint
	240 Distribution of penalty
Part 10 Miscellaneous
	265 Forms
	266 Regulations
Part 11 Validations, savings and transitional
	268 References to certain former offices etc.
	272 Decentralisation of Magistrates Courts Act 1965 references
	273 Previous recognisance to appear on appeal hearing
	274 Appointment of clerks of the court and assistants continues
	1 Index to endnotes
	2 Date to which amendments incorporated
	3 Key
	4 Table of reprints
	5 Tables in earlier reprints
	6 List of legislation
	7 List of annotations
	8 List of forms notified or published in the gazette
                        
Document Text Contents
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Queensland

Justices Act 1886

Reprinted as in force on 28 September 2007

Reprint No. 8C

This reprint is prepared by
the Office of the Queensland Parliamentary Counsel

Warning—This reprint is not an authorised copy

Page 2

qld_crest.eps


Information about this reprint

This Act is reprinted as at 28 September 2007. The reprint shows the law as amended by
all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)).

The reprint includes a reference to the law by which each amendment was made—see list
of legislation and list of annotations in endnotes. Also see list of legislation for any
uncommenced amendments.

This page is specific to this reprint. See previous reprints for information about earlier
changes made under the Reprints Act 1992. A table of reprints is included in the endnotes.

Also see endnotes for information about—
• when provisions commenced
• editorial changes made in earlier reprints.

Dates shown on reprints

Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard
copy and electronic, are dated as at the last date of amendment. Previously reprints were
dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic
version published before 1 July 2002, it means the legislation was not further amended
and the reprint date is the commencement of the last amendment.

If the date of a hard copy reprint is the same as the date shown for an electronic version
previously published, it merely means that the electronic version was published before the
hard copy version. Also, any revised edition of the previously published electronic version
will have the same date as that version.

Replacement reprint date If the date of a hard copy reprint is the same as the date shown
on another hard copy reprint it means that one is the replacement of the other.

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s 142A 97 s 142A

Justices Act 1886
thereof are set out in or annexed to or served with the
complaint or summons or are stated by the complainant, deal
with and determine the matter of the complaint as fully and
effectually to all intents and purposes as if the said facts and
particulars had been established by evidence under oath
before it and as if the defendant had personally appeared at the
time and place fixed for the hearing of the complaint.

(5) In dealing with and determining a complaint pursuant to
subsection (4) the court may take into account any
information considered by it to be relevant brought to its
notice by or on behalf of the complainant or defendant in
relation to the circumstances of the matter of the complaint
and the imposition of a penalty.

(6) If in respect of a proceeding under subsection (4) the court
considers that—

(a) the defendant should be imprisoned otherwise than by
way of default; or

(b) any licence, registration, certificate, permit or other
authority held by the defendant under any Act should be
cancelled or suspended; or

(c) the defendant should be disqualified from holding or
obtaining any licence, registration, certificate, permit or
other authority under any Act;

it shall not deal further with the complaint in such proceeding
unless it has first adjourned or further adjourned the hearing
of the complaint to a time and place appointed by it to enable
the defendant to appear for the purpose of making
submissions on the question of such penalty, disqualification,
cancellation or suspension, as the case may be.

(7) The clerk of the court shall forthwith after any adjournment of
a hearing under this section give notice in writing to the
defendant informing the defendant of—

(a) the time and place to which the hearing is adjourned;
and

(b) the purpose of the adjournment; and

(c) the defendant’s right to be heard at the adjourned
hearing.

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s 142A 98 s 142A

Justices Act 1886
(7A) Such notice may be given by service thereof upon the
defendant personally or by post at the address of the defendant
last known to the clerk of the court.

(8) If at any time and place to which a hearing is adjourned under
this section—

(a) the defendant does not appear; and

(b) it is proved that the notice in writing prescribed by
subsection (7) was given to the defendant a reasonable
time before the adjourned hearing;

the court may proceed as prescribed by subsection (4) and, if
the hearing is adjourned pursuant to subsection (6), may
proceed as prescribed by subsection (4) as if subsection (6)
had not been enacted.

(9) A document purporting to be a duplicate original or a copy of
a notice given to the defendant under this section and
endorsed with a certificate purporting to be signed by the
person by whom the document was served upon the defendant
personally or, where the document was served by post, by the
clerk of the court to the effect that—

(a) the document is a duplicate original or copy of the
notice given to the defendant named therein; and

(b) the document was served upon the defendant personally
or, as the case may be, was posted to the address
appearing therein which was the address of the
defendant last known to the clerk; and

(c) where the document was served by post, in the ordinary
course of post the notice would be delivered on the date
specified in such endorsement;

shall be evidence that the notice was given to the defendant
named therein according to the certificate so endorsed and,
where the document was served by post, that the address
appearing therein is the address of the defendant last known to
the clerk.

(10) The clerk of the court shall forthwith upon the determination
of the matter of a complaint pursuant to this section send by
post to the defendant at the defendant’s address last known to

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196

Justices Act 1886
Form 65 Version 1—Warrant of commitment for want of execution for costs of
appeal against conviction or order

pubd gaz 16 September 1994 p 257

Form 66 Version 1—Gaoler’s receipt for the prisoner
pubd gaz 16 September 1994 p 257

Form 70 Version 1—Transfer of fine certificate
pubd gaz 16 September 1994 p 257

Form 71 Version 1—Memorandum of receipt of transfer of fine certificate
pubd gaz 16 September 1994 p 257

Form 72 Version 1—Notice of transfer of fine certificate
pubd gaz 16 September 1994 p 257

Form 73 Version 1—Bench record book
pubd gaz 16 September 1994 p 257

Form 74 Version 1—Notice of alibi
pubd gaz 16 September 1994 p 257

Form 75 Version 2—Reminder Notice
pubd gaz 22 December 1995 p 1661

Form 76 Version 2—Enforcement Notice
pubd gaz 22 December 1995 p 1661

Form 77 Version 2—Notice of Enforcement Order
pubd gaz 22 December 1995 p 1661

Form 78 Version 2—Application for Extension of Time to pay SETONS Fine
pubd gaz 22 December 1995 p 1661

Form 79 Version 1—Notice of Election for Court Hearing
pubd gaz 9 December 1994 p 1560

Form 80 Version 2—Notice of withdrawal of Infringement Notice
pubd gaz 22 December 1995 p 1661

Form 81 Version 1—Order for Detention of Offender Where Punishment is by
Imprisonment

pubd gaz 13 April 2006 p 1459

Form 82 Version 1—Order of Imprisonment for Re-Offending During Suspended
Imprisonment

pubd gaz 13 April 2006 p 1459

Form 84 Version 1—Warrant to apprehend defendant charged with a simple offence
or breach of duty where summons is disobeyed.

pubd gaz 1 December 2006 pp 1584-5

Form F3113/PT56 Version November 1995—Infringement Notice
pubd gaz 4 April 1996 p 1531

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197

Justices Act 1886
Form PT 56D Version 4 November 1997—Infringement Notice (Photographic
Detection Device Offence)

pubd gaz 11 September 1998 p 143

© State of Queensland 2007

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