Review calls for Queensland’s Magistrates courts to undergo radical changes
More people charged with criminal offences could be diverted out of the court system before they’re found guilty under a groundbreaking review of Queensland’s Magistrates courts.
Police & Courts
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More people charged with criminal offences could be diverted out of the court system before they’re found guilty or even prosecuted under a groundbreaking review of how Queensland’s Magistrates courts work.
In the first comprehensive review since 1887, a consultation paper asks how more people could be diverted to programs that help solve their issues rather than run them through the costly court system, as well as whether the courts’ name should be changed and whether technology should be used to conduct more hearings remotely.
Headed by retired District Court judge Michael Shanahan, the review looks at “possible new and innovative ways that adults charged with certain offences can be diverted out of the court system once proceedings have started (in-court diversion) but before the person pleads guilty or is sentenced”.
Having a range of practical, alternative ways to address offending would steer people into “appropriate therapeutic interventions”, allow victim participation, give a more proportionate response for first-time offenders and save criminal justice resources for serious matters, it said.
“It is suggested that deferred prosecution agreements have the potential to be used in relation to youth crime or vulnerable adults who commit crimes, particularly First Nations people in those groups,” the paper reads.
Under such a change, services, treatments and other restorative practices agreed to by the victim and perpetrator would be monitored by the courts before prosecution occurs, although it would recommence if agreements weren’t honoured.
The paper asks what offences such a program might be used for.
It also raises whether Magistrates should be allowed to decide to simply caution a person whose case is in front of them if they decide police should have done so instead of charging them.
Meanwhile, the paper asks how technology may be used to reform archaic processes, like moving away from paper-based systems that require attendance at court to file and access documents.
The review will consider whether more proceedings should be online, raising the fact that Victoria moved to remote trials during the pandemic and that other jurisdictions allow live streaming of court procedures online, including video archives of cases.
The paper also proposes a single Magistrates Court of Queensland might be established, to allow cases to move between the courts, and that its name might be changed to Local Courts, with Local Court Judges, instead of Magistrates.
Attorney-General Shannon Fentiman said the “groundbreaking review” of criminal procedure laws in the Justices Act was long overdue.
“The business of courts is completely different to colonial era Queensland when the Justices Act was written,” Ms Fentiman said.
“This is a significant opportunity to contribute to the reshaping of foundational criminal justice system laws.”
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