Huge changes coming for Queensland’s magistrates courts

Accused criminals could soon apply to avoid attending court in person under sweeping reforms to the state’s magistrates courts. See what else will change.

Premier David Crisafulli. His government will develop new legislation to replace the current Justices Act to make court processes more efficient. Picture: Lachie Millard

Accused criminals could soon apply to avoid attending court in person and instead dial in virtually under sweeping reforms to Queensland’s magistrates courts.

Two years after a groundbreaking review of the state’s magistrates courts handed down their recommendations, the Crisafulli Government revealed on Tuesday it will develop new legislation to replace the current Justices Act to make court processes more efficient.

Headed by retired District Court judge Michael Shanahan it was the first comprehensive review since 1887.

All but one of the 14 key recommendations were accepted by the state government, including the use of technology where a defendant, victim, legal practitioner or a magistrate can choose to appear virtually.

It would also mean the court could move away from the current paper-based system and documents, notices and other information could instead be filed electronically.

But if a court participant does not have access to the technology used in court, they would be able to access manual processes.

Other recommendations include improving how more serious offences are processed in the lower courts, expediting the issuing of court attendance notices and simplifying language.

Attorney-General Deb Frecklington said it was “well and truly time” for the sweeping changes.

Attorney-General Deb Frecklington said the current system was “outdated and difficult”. Picture: Lyndon Mechielsen

“Currently our busy magistrates courts rely on laws substantially from another era,” she said.

“There is widespread support across the justice and legal sector for these reforms, as the current system – despite being fundamental to criminal practice – is outdated and difficult to use.

“These much-needed reforms support our vision for a Queensland justice system that is efficient, fair and equitable, prioritises the rights of victims and makes the community safer.”

In 2022, consultation began in what was dubbed a groundbreaking review into the court processes, and looked at 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.

Then Attorney-General Shannon Fentiman announced the review.

“The business of courts is completely different to colonial era Queensland when the Justices Act was written,” Ms Fentiman said at the time.

Mr Shanahan handed down his framework in 2023.

The recommendation to change the title of Magistrates Court to Local Court was the only recommendation not supported, in recognition of the longstanding institution.

Work will now begin to draft a new Criminal Procedure (Magistrates Court) Bill and a related consequential amendments Bill based on supported recommendations.

Mr Shanahan will be returning in this next phase to provide expert criminal law guidance.

It is understood a working group has also been set up to assist with the drafting, and an exposure draft that stakeholders and the public, can comment on will be part of the process.

Originally published as Huge changes coming for Queensland’s magistrates courts