Do all criminal charges start in the Magistrates Court in Queensland?

Yes. Every criminal proceeding, including murder, begins in the Magistrates Court. Simple offences are finalised there. Indictable offences pass through a committal process before being transferred to the District Court or the Supreme Court, depending on the seriousness of the charge.

How many people are on a jury in Queensland?

Twelve, in criminal trials in the District and Supreme Courts. Reserve jurors are often empanelled as well, so that a trial can continue if a juror has to be discharged. The jury decides questions of fact. Questions of law are for the judge.

What are the civil jurisdiction limits of the Queensland courts?

The Magistrates Court hears civil claims up to $150,000. The District Court hears claims from $150,000 up to $750,000. The Supreme Court hears claims above $750,000. There is no upper limit on the Supreme Court, and it also has supervisory jurisdiction over the lower courts.

Can I appeal a magistrate’s decision?

Yes. Appeals from the Magistrates Court in criminal matters ordinarily go to the District Court, and there are strict time limits, usually one month. Appeals from District and Supreme Court trials and sentences go to the Court of Appeal, and leave is required in most cases. Get advice quickly, because extensions are not guaranteed.

Crime

The Queensland court system

Published 1 March 2019 · Updated 25 March 2021

Magistrates Court

Every criminal matter begins here. Simple offences such as common assault, drink driving and speeding are dealt with from start to finish by a magistrate sitting without a jury.

More serious offences also start here and then follow a committal process before being sent to a higher court.

On a simple offence, you or your lawyer respond to the charge in one of three ways.

Plead guilty. The magistrate ordinarily sentences on the same day. The range runs from a fine, to probation, to a community service order, to imprisonment.
Seek an adjournment. Common where police material has not been provided, or provided late, or where you need time to get legal representation. The magistrate sets a new date.
Plead not guilty. The magistrate sets the matter down for a summary hearing, where evidence is called, witnesses are cross-examined and you can put your case.

A contested hearing turns on the legislation, the case law, the evidence including witness statements, and how the material is presented. If the prosecution case fails at some point, the matter can end there. If it does not, you may be found not guilty and the matter is finalised.

If you are found guilty, the magistrate sentences. Have sentencing submissions and any references ready on the day, because the court will not usually wait.

On the civil side, the Magistrates Court hears claims up to $150,000.

District Court

The District Court hears the bulk of serious indictable matters, including armed robbery, serious assaults and most drug offences, after they have passed through the Magistrates Court.

You can plead not guilty and proceed to trial, or enter a plea of guilty and proceed to sentence.

A criminal trial is heard by a judge and a jury of 12. Both parties present their case, the judge directs the jury on the law, and the jury decides the facts. A verdict of not guilty ends the matter. A verdict of guilty is followed by sentence, either immediately or on a later date.

On the civil side, the District Court hears claims between $150,000 and $750,000.

See our guides to the Southport District Court and the Brisbane District Court.

Supreme Court

The highest court in the state. It hears the most serious criminal matters, including murder, manslaughter and large scale drug trafficking.

The process mirrors the District Court. The matter starts in the Magistrates Court, is committed, and is then tried before a judge and jury.

The Supreme Court hears civil claims above $750,000, and it is the court that hears bail applications where bail has been refused in the lower courts.

Court of Appeal

The Court of Appeal is a division of the Supreme Court. It hears matters only after a trial or a sentence, and in most cases leave to appeal must be granted before the appeal is heard.

It is not a second trial. The court is looking for an identifiable error, such as an error of law, a misdirection to the jury, prejudice affecting the trial, or a verdict that was unreasonable on the evidence.

It can also review sentences said to be manifestly excessive, order a retrial, or substitute a different sentence.

Appeal periods are short. See our page on criminal appeals before the time limit runs.

Working out where you are

Two questions tell you almost everything about your matter.

Is the charge a simple offence or an indictable offence. That determines whether your matter finishes in the Magistrates Court or is committed upwards.
If indictable, can it be dealt with summarily. Many indictable offences can be heard in the Magistrates Court, either at the election of the defence or the prosecution, which usually means a faster outcome and a lower sentencing ceiling.

That second question is one of the most consequential early decisions in a criminal matter, and it is worth advice.

Last reviewed 3 August 2026 by the TWC Lawyers team. Queensland penalty units and court fees are indexed on 1 July each year. Check current figures before you rely on them, or ask us.