Southport District Court: what changes upstairs

Same building, different court

The Southport courthouse opened in 1998 and was built with five District courtrooms and nine Magistrates courtrooms in the one complex, plus a watchhouse. That is why the address on your paperwork looks identical to the one you attended for your mentions.

What is different is everything after the address. District Court matters are listed in courts 13, 14 and 16 on levels 3 and 4 for criminal sittings, and court 17 for civil trials and hearings. Check the floor and courtroom on the list before you go up, because wandering into the wrong level of a courthouse looking for your name wastes time you do not have.

You still go through the same security screening at the entrance.

What the District Court deals with

• Serious indictable criminal offences committed up from the Magistrates Court because they cannot be finalised summarily under sections 552A and 552B of the Criminal Code Act 1899 (Qld). The most serious offences, including murder, go to the Supreme Court instead.
• Sentences on indictable matters where a plea of guilty has been entered.
• Jury trials where the plea is not guilty.
• Civil claims within the court monetary limit, currently up to $750,000.
• Appeals from the Magistrates Court under section 222 of the Justices Act 1886 (Qld), including appeals against sentence severity, which have a short filing deadline.

A District Court matter takes months, sometimes more than a year, from committal to finalisation. That is normal and it is not a sign that something has gone wrong with your file.

Start times, and why they are different up here

Magistrates Court mentions start at 8:30am or 9:00am. District Court criminal sittings at Southport usually start at 9:30am or 10:00am, and some matters are marked "not before" a stated time such as 11:00am. Civil trials and hearings generally start at 9:00am.

That "not before" marking is useful. It means the court will not reach your matter earlier, so you have a floor on the wait, though not a ceiling.

District and Supreme Court lists are published no later than 6:00pm the evening before, unlike Magistrates lists which are refreshed on the morning. Look at the list the night before and again before you leave home.

Arrive thirty to forty five minutes early. You will normally be meeting your barrister and solicitor beforehand, and that conference is where the day is actually prepared.

The stages: callover, arraignment, sentence, trial

1. Committal. The Magistrates Court sends the matter up. The prosecution then presents an indictment.
2. Callover or mention. A listing where the court checks readiness and allocates a date. Short. Often your lawyers attend without you being required, but check.
3. Arraignment. The charges on the indictment are read to you and you plead guilty or not guilty to each. This is the formal plea, and it matters.
4. Sentence. If you plead guilty, a judge sentences you. Both sides make submissions, references and reports are handed up, and the judge gives reasons. Section 13 of the Penalties and Sentences Act 1992 (Qld) requires the court to take an early plea into account.
5. Trial. If you plead not guilty, a jury of twelve is empanelled, the prosecution calls its evidence, and the jury decides the facts. The judge decides the law and sentences if there is a conviction.

You will usually have a barrister as well as a solicitor for a District Court sentence or trial. That is not padding. Advocacy in front of a judge and jury is a separate skill and the fee for it sits outside a solicitor fixed fee.

If you are called for jury service at Southport

Jury panels are given their own reporting time on the daily law list, separate from the times for the matters themselves. Read the jury notice on the list carefully, because the panel number and the reporting time both matter.

Jurors are subject to stricter device rules than the public. You cannot have a phone or tablet in the courtroom even switched off, and you may be required to hand devices over. Do not research the case, do not search for the accused, and do not discuss the trial outside the jury room. Those rules exist to protect the trial and breaching them can cause it to be aborted.

What to wear and how to behave

The formal standard is the same as any Queensland court: dress neatly, no suit required. In practice, people appearing for sentence in the District Court usually dress a step up from a Magistrates mention, and there is a reason for that. You are asking a judge to form a view about you.

Phone off in the courtroom, not silent. No recording or photography. No eating, drinking or gum. Bow your head to the coat of arms as you enter and leave, stand for "all rise", and address the judge as "Your Honour".

Bring any documents your lawyer has asked you to bring. If character references are being handed up, they need to be in your solicitor hands before the day, not in your pocket on the morning.

Late, absent, adjourned

Being late to a District Court sentence or trial is far more serious than being late to a mention. A trial that cannot start on time can lose its listing, a jury panel can be discharged, and the delay can be measured in months.

If something has gone wrong on the morning, call the registry on 1300 516 700 and your solicitor immediately. If you are on bail and you do not appear, the court can issue a warrant and failing to appear is an offence under section 33 of the Bail Act 1980 (Qld). It will also be the first thing raised the next time bail is considered.

An adjournment at this level usually means a matter is not ready, a witness is unavailable or a report has not arrived. Dates are harder to get and harder to move than in the Magistrates Court, so tell your lawyer about a problem early rather than the week before.

If your matter is still in the Magistrates Court, read the Southport Magistrates Court guide first.