Review of criminal procedure legislation (Stage 1)
The review of criminal procedure laws in Queensland’s Magistrates Courts has been completed.
Background to the review
The Justices Act 1886 sets out the procedure for dealing with criminal cases in Queensland's Magistrates Courts. However, the Act is considered outdated and hard to use.
To address this, retired District Court judge Mr Michael Shanahan AM was appointed to review the Justices Act and recommend a new legislative framework for modernised criminal procedure laws for our Magistrates Courts. The scope of the review is outlined in the terms of reference.
The review process involved extensive consultation.
Consultation
A public consultation process was held to gather feedback on criminal procedures in the Magistrates Courts and explore opportunities for improvement. The consultation period was April–June 2022.
Resources that supported the consultation process were:
- consultation paper inviting feedback about the current procedures, how they operate and opportunities for reform
- consultation video outlining the review, key issues and details about the consultation process
- easy English paper to broaden access to information about the review.
Feedback from this consultation informed the review and helped shape the recommendations for new procedures for our Magistrates Courts.
Submissions
We would like to sincerely thank everyone who participated in the review.
Some submissions from organisations and professionals are available to read online (with consent of the submitters). Other submissions received have not been published to respect confidentiality, protect individuals’ privacy or for other valid reasons.
Report
On 2 May 2023, Mr Shanahan provided the Criminal Procedure Review—Magistrates Courts summary report to the former Attorney-General, as required.
The report examines the main criminal procedure laws that apply to the Queensland Magistrates Courts, and recommends a new contemporary and effective legislative framework to ultimately replace the Justices Act.
The report is publicly available in 2 volumes.
Volume 1 is in 3 parts:
- how the review occurred and summary of consultation feedback (Part A)
- addressing the topic of a single court and potential renaming (Part B)
- explaining the recommendations that make up a new contemporary and effective criminal procedure Bill and related matters (Part C).
Volume 2 contains:
- the complete list of recommendations from the report
- Appendix C, which includes recommended drafting instructions for new criminal procedure legislation in the Magistrates Courts.
The recommended drafting instructions act as the blueprint guide for developing any new legislation.