Supreme and District Courts

Supreme Court

The Supreme Court is the highest trial court in Queensland and is presided over by a Justice of the Supreme Court who hears the most serious cases of murder, attempted murder, manslaughter and major drug offences. This court comprises a trial division, which deals with the most serious criminal cases and the Court of Appeal. A jury is used to decide whether the defendant is guilty or not guilty. The division also hears all civil matters involving amounts of more than $250,000.

District Court

The District Court of Queensland is the state's intermediate court. It hears serious criminal cases involving offences such as armed robbery and rape. The District Court also hears civil matters involving amounts between $50,000 and $250,000. It is run by a judge and deals with indictable offences such as burglary, rape, serious assault, armed robbery and fraud. It also hears all appeals from decisions made in the Magistrates Court.

Jury

If the defendant is pleading not guilty, each court will have a jury of 12 people who are selected at random from the community. The jury’s role is to decide whether a person is guilty or not guilty. If the defendant pleads guilty, or the jury finds a defendant guilty, the judge will decide what sentence they must serve.

Children

If the defendant is under 17 years of age, they can choose to have the matter heard in the Childrens Court of Queensland (a special District Court with no jury) or in the Supreme Court or the District Court. This trial will be closed and the identity of the accused protected.

For further information, take the virtual tour or visit the Queensland Courts website.

The standard of proof

All decisions in the court are based on the standard of proof. This means that to find a defendant guilty, the jury must be convinced of the defendant's guilt beyond all reasonable doubt.

It is up to the prosecution to prove that the defendant committed the offence. If there is any reasonable doubt in the jury's mind, the accused must be acquitted (found not guilty).

When the trial is held

There may be a delay between the committal hearing and when the trial is held. The trial will be allocated to a particular week but could be moved based on the progress of other trials.

Both the defendant and witnesses will be told once the starting date is known, however this may not be until shortly before the trial starts. Defendants should provide the Office of the Director of Public Prosecutions (ODPP) with their current address.