Download Justices Act 1886 PDF

TitleJustices Act 1886
LanguageEnglish
File Size1.5 MB
Total Pages242
Table of Contents
                            Contents
	Part 1 Preliminary
		1 Short title
		2 Note in text
		4 Definitions
		5 General saving of powers of justices
	Part 3 Jurisdiction
		Division 1 General provisions
			19 General provision
			20 Authentication of acts of justices
			21 Presumption
		Division 2 Magistrates Courts
			22 Continuance of Magistrates Courts
			22A Jurisdiction of Magistrates Courts
			22B Magistrates Courts districts
			22C Appointment of clerks of the court
			22D Principal clerk of courts
			23 Vacancy in office of clerk of court etc.
		Division 2A Decentralisation of Magistrates Courts
			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
			23EB Management by clerk of the court of charge pending finalisation of proceeding under ex officio indictment
			23EC Conduct of proceeding by video link facilities or audio link facilities by court outside district or division
		Division 3 Powers of single justice
			24 Acts by 1 justice
			25 After decision 1 justice may issue warrant of execution or commitment
			26 Warrants of execution after appeal
		Division 4 Hearing and quorum
			27 Hearing of complaint
			28 Majority to decide
			29 When 2 justices required, must be present throughout the case
		Division 5 Magistrates
			30 Magistrates
		Division 6 Extent of jurisdiction
			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
		Division 7 Interruption of proceedings
			40 Penalty for insulting or interrupting justices
	Part 4 General procedure
		Division 1A Prosecution disclosure
			41 Prosecution disclosure
		Division 1 Complaints
			42 Commencement of proceedings
			43 Matter of complaint
			43A Court may order particular complaints to be heard together
			46 Description of persons and property
			47 What is sufficient description of offence
		Division 2 Amendment of complaints, summonses and warrants
			48 Amendment of complaint
			49 Amendment
			50 Recording of amendment
		Division 3 How complaints are made
			51 When complaint to be on oath and when not
		Division 4 Limitation of proceedings
			52 Limitation of proceedings
		Division 5 Summonses
			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
		Division 6 Warrants and arrest without warrant
			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
			65 How person arrested without warrant to be dealt with
		Division 6A Procedures for computer warrants
			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
		Division 6B Execution of written warrants using electronic copies or a computer document
			69D Application of division
			69E Facilitation of execution of written warrant
		Division 7 When courts open
			70 Open court
			71 Exclusion of strangers
			71B Prohibition on taking photographs, producing pictures or other optical effects
		Division 8 Right to conduct own case or have lawyer
			72 Lawyer
		Division 9 Evidence
			73 Evidence how taken
			74 Prosecutor’s and complainant’s witnesses
			76 Proof of negative etc.
			77 Taking of evidence
			77A Views and inspections
		Division 10 Witnesses in general
			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
		Division 10A Direction hearing
			83A Direction hearing
			83B Noncompliance with direction about disclosure
		Division 10B Disclosure obligation directions
			83C Purpose and scope of div 10B
			83D Definitions for div 10B
			83E Subject matter for disclosure obligation direction
			83F Application for disclosure obligation direction
		Division 11 Remand and adjournment
			84 Remand of defendant
			85 Verbal remand
			86 Bringing up during remand
			88 Adjournment of the hearing
			88A Use of verdict and judgment record
			88B  Continuation of remand on registry committal
		Division 12 Committal and recognisance
			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
		Division 13 Records of court
			98A Records of court
	Part 5 Proceedings in case of indictable offences
		Division 1 Procedure on presentation of information
			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
		Division 2 Procedure for private complaint
			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
			102FA  Executive officer may be taken to have committed offence against s 102F(1)
			102G Dismissal for want of prosecution
		Division 3 Warrant if summons is disobeyed
			103 Disobedience of summons
		Division 4 Defendant’s appearance on private complaint
			103A Defendant’s appearance upon private complaint
		Division 5 Examination of witnesses
			103B Magistrate supervisory role
			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
			110B Special provisions applying to a direction under s 83A(5AA)
			110C Limitation on cross-examination
			111 Depositions of persons dead, absent etc.
		Division 6 Defendant admitting guilt
			113 Procedure if defendant pleads guilty
		Division 7 Corporation charged with indictable offence
			113A Committal proceedings where defendant is a corporation
		Division 7A Registry committals
			114 Registry committal by clerk of court
			115 Process of clerk of the court for registry committal
			116 Limited application of divs 5 to 7 for registry committals
			117 Application of registry committals to indictable offences under other Acts
		Division 8 Action on committal for trial
			121 Transmission of undertaking as to bail
			126 Transmission of depositions
			127 Duty of Attorney-General etc.
			128 Authority of judge
			129 Recommittal in case of error
			130 Division applies also to registry committals
		Division 9 Examination of witnesses in another court district
			132 Examination by justices for an offence committed in another Magistrates Court district
			133 Remand to another place
			134 Effect of depositions and undertakings as to bail taken or given elsewhere than at place of committal
	Part 6 Proceedings in case of simple offences and breaches of duty
		Division 1 Venue
			139 Where summary cases to be heard
			140 Adjournment to different place
		Division 2 Default by complainant or defendant
			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
		Division 3 Hearing
			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
			148A Admissions of fact
		Division 4 Dismissal
			149 Dismissal of complaint
			150 Minute of decision to be made and advice sent by post
		Division 4A Ending of complaint if police cash bail granted
			150A Justices may order that complaint is ended
		Division 5 Convictions and orders
			151 Formal convictions and orders
			152 Formal record of conviction not necessary, except for special purposes
			153 No certiorari order
		Division 6 Supply of copies of record
			154 Copies of record
		Division 8 Costs
			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
		Division 9 Enforcement of decisions
			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
		Division 10 Charge for issuing certain warrants
			178AA  Warrant may include charge for its issue
	Part 6A Use of video link facilities or audio link facilities
		178A Purpose of part
		178B Definitions for part
		178C Use of video link facilities or audio link facilities in proceedings
		178D Facility user taken to be before the court
		178E Way video link facilities or audio 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
		Division 1 Appeal to a District Court judge
			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
		Division 2 General provisions
			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
		Division 1 References
			268 References to certain former offices etc.
			272 Decentralisation of Magistrates Courts Act 1965 references
		Division 2 Evidence (Protection of Children) Amendment Act 2003
			273 Previous recognisance to appear on appeal hearing
		Division 3 Justice and Other Legislation Amendment Act 2007
			274 Appointment of clerks of the court and assistants continues
		Division 4 Justice and Other Legislation Amendment Act 2008, part 17
			275 Notices to witness
		Division 5 Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010
			276 Definitions for div 5
			277 Particular amendments apply only to charges originated after commencement
			278 Particular provisions apply to proceeding whenever commenced
			279 Existing appointment as principal clerk of courts continues
		Division 6 Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013
			280 Application of provisions about use of video link facilities or audio link facilities
		Division 7 Criminal Law Amendment Act 2014
			281 Application of s 47
		Division 8 Criminal Law Amendment Act 2017
			282 Orders for particular complaints made before commencement to be heard together
			283 Admissions of fact in hearings of complaints made before commencement
                        
Document Text Contents
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Queensland

Justices Act 1886

Current as at 30 March 2017

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[s 141]

Justices Act 1886
Part 6 Proceedings in case of simple offences and breaches of duty
bound to attend at such other place at the time appointed
accordingly.

(6) Section 142 applies subject to this section and section 142(6)
applies as if a hearing and determination ex parte under this
subsection is a hearing and determination ex parte under
section 142(1)(a).

Division 2 Default by complainant or
defendant

141 Dismissal or adjournment in absence of complainant

If upon the day and at the place appointed by the summons for
hearing and determining a complaint of a simple offence or
breach of duty the defendant attends voluntarily in obedience
to the summons, or is brought before the justices by virtue of a
warrant, and the complainant (having had notice of such day
and place) does not appear personally or by lawyer, the
justices shall dismiss the complaint, unless for some reason
they think proper to adjourn the hearing of the same to some
other day, in which case they may adjourn the hearing
accordingly, upon such terms as they think fit, and may
commit the defendant in the meantime or may grant the
defendant bail.

142 Proceedings in absence of defendant

(1) If at the time and place so appointed the defendant does not
appear when called and the justices are satisfied, on oath or by
deposition as provided in section 56, that the summons was
properly served on the defendant a reasonable time before the
time appointed for the defendant’s appearance, the justices
may—

(a) proceed ex parte to hear and determine the case as fully
and effectually to all intents and purposes as if the
defendant had personally appeared before them in
obedience to the said summons; or
Current as at 30 March 2017 Page 119

Authorised by the Parliamentary Counsel

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[s 142]

Justices Act 1886
Part 6 Proceedings in case of simple offences and breaches of duty
(b) if satisfied, from information given on oath, that the
matter of the complaint is substantiated, issue their
warrant to apprehend the defendant and to bring the
defendant before justices to answer the complaint and to
be further dealt with according to law; or

(c) upon the written plea of guilty of the defendant and
upon being satisfied that the requirements of
section 146A have been complied with in all respects,
proceed as prescribed by that section; or

(d) because of the absence of any witness or any other
reasonable cause, adjourn the hearing to a time and
place to be then stated or to be determined as
hereinbefore in this Act provided before a court
constituted in accordance with this Act by such justices
as may then be present.

Note—

See section 150A for when the justices may, instead of dealing with the
complaint under this division, make an order ending the complaint.

(2) When the justices proceed as prescribed by subsection (1)(a)
or (c) they shall not—

(a) order that the defendant be disqualified either absolutely
or for any period from holding or obtaining any licence,
registration, certificate, permit or other authority under
any Act or order that any licence, registration,
certificate, permit or other authority held by the
defendant under any Act be cancelled or suspended; or

(b) order that the defendant be imprisoned (not being
imprisonment in default of payment of any penalty,
compensation, sum of money or costs adjudged to be
paid by the decision of the justices);

unless the justices have first adjourned or further adjourned
the hearing of the complaint to a time and place appointed by
the justices to enable the defendant to appear for the purpose
of making submissions on the question of such
disqualification, cancellation or suspension or penalty, as the
case may be.
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Authorised by the Parliamentary Counsel

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Endnotes

Justices Act 1886
Previous recognisance to appear on appeal hearing
s 273 orig s 273 ins 1996 No. 4 s 11
exp 7 December 1996 (see orig s 273(3))
AIA s 20A applies (see orig s 273(2))
prev s 273 ins 1997 No. 38 s 68
exp 1 August 1999 (see prev s 273(3))
pres s 273 ins 2003 No. 55 s 84
amd 2007 No. 37 s 92 sch

Division 3—Justice and Other Legislation Amendment Act 2007
div hdg ins 2007 No. 37 s 99

Appointment of clerks of the court and assistants continues
s 274 prev s 274 ins 1997 No. 38 s 68
exp 2 August 1997 (see s 274(3))
pres s 274 ins 2007 No. 37 s 99

Division 4—Justice and Other Legislation Amendment Act 2008, part 17
div hdg ins 2008 No. 59 s 75

Notices to witness
s 275 prev s 275 ins 1997 No. 38 s 68
exp 2 August 1997 (see s 275(8))
pres s 275 ins 2008 No. 59 s 75

Division 5—Civil and Criminal Jurisdiction Reform and Modernisation Amendment
Act 2010

div hdg ins 2010 No. 26 s 92

Definitions for div 5
s 276 ins 2010 No. 26 s 92

Particular amendments apply only to charges originated after commencement
s 277 ins 2010 No. 26 s 92

Particular provisions apply to proceeding whenever commenced
s 278 ins 2010 No. 26 s 92

Existing appointment as principal clerk of courts continues
s 279 ins 2010 No. 26 s 92

Division 6—Criminal Law (Criminal Organisations Disruption) and Other
Legislation Amendment Act 2013

div 6 (s 280) ins 2013 No. 64 s 85

Division 7—Criminal Law Amendment Act 2014
div 7 (s 281) ins 2014 No. 39 s 63

Division 8—Criminal Law Amendment Act 2017
div hdg ins 2017 No. 6 s 63

Orders for particular complaints made before commencement to be heard together
s 282 ins 2017 No. 6 s 63

Admissions of fact in hearings of complaints made before commencement
Current as at 30 March 2017 Page 239

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Endnotes

Justices Act 1886
s 283 ins 2017 No. 6 s 63

SCHEDULE 1
sch 1 om 1908 8 Edw 7 No. 18 s 2 sch 1

SCHEDULE 2
sch 2 om 1975 No. 51 s 3(1)

SCHEDULE 3
sch 3 amd o in c pubd gaz 7 May 1949 p 1870; 31 January 1959 p 721; 12 December

1964 pp 1488–91; 26 December 1964 p 1782; 9 June 1973 p 1120; 7 June 1975 p
807; 16 August 1975 p 1776; 9 July 1977 p 1401; 4 July 1981 p 1799; 12
November 1988 pp 1199–203; 20 April 1991 p 2538

om 1992 No. 40 s 120

SCHEDULE 4
sch 4 om 1992 No. 40 s 120

SCHEDULE 5
sch 5 om 1992 No. 40 s 120

© State of Queensland 2017
Page 240 Current as at 30 March 2017

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