What Courts do Young People under 18 go to?

In Queensland if you are under 18 and the police charge you with an offence you will go to a Childrens Court with a Magistrate first. For some types of offences (called indictable offences) you can choose for the charges to then be heard in a court with a Judge. Sometimes the Magistrate can decide the case must go to court with a Judge even if you do not choose this.

If the indictable offence is a ‘serious’ offence under the Youth Justice Act or you choose to go to a court with a Judge, the Magistrate has to look at the police evidence to decide if the evidence is strong enough for the case to be sent (committed) to a court with a Judge. The Magistrate might decide there is not enough evidence and that may be the end of the case.

If you are found guilty or plead guilty, a Magistrate will sometimes decide they cannot give you an adequate sentence and they will send it to a court which has tougher sentencing powers.

What if my matter is sent to a court with a Judge?

If your case is sent to a court with a Judge, it is usually sent to the Childrens Court of Queensland (CCQ). Your case will only be heard in the adult District Court or Supreme Court of Queensland if:

• you have been charged after you turned 19 for an offence that occurred before you turned 18; or
• the Magistrate has sent your case to the District Court because of special circumstances, for example, if you are charged with committing the offence with an adult; or
• the matter is very serious and has to be sent to the Supreme Court.

If you plead not guilty in the CCQ you can choose to have a jury (a group of 12 people) listen to the witnesses and decide if you broke the law or you can choose to have the Judge do this. If you are in the District or Supreme Court and plead not guilty, then generally a jury will decide whether you broke the law.

If you plead or are found guilty in any of these courts, the Judge decides what sentence you get.

Who will be in the Court Room?

The Judge will have an assistant (associate) who reads out the charge and there are also bailiffs who help the court.

The CCQ, District and Supreme Courts are generally open to the public so anyone can come in (e.g. groups of school students looking at how the courts work).

No one is allowed to publish identifying information about a child who is charged

What to do in Court?

If you have to go to court you should act respectfully.

• Make sure your phone is turned off while you are in court
• You should dress appropriately (no thongs or bare mid-riffs)
• Remove your cap if you are wearing one
• You should not laugh or giggle (even if you are nervous)
• Answer questions respectfully – do not swear
• Pay attention to what is being said
• Look at the person when answering their questions
• The Judge is called ‘Your Honour’ (always be respectful when speaking to them).

If you treat the process seriously you will give yourself the best chance of being listened to.  People in court need to focus on listening to what you are saying, not looking at what you are wearing. If you disrespect the court you can be charged with another offence.

How long will I have to be at court?

Most courts start at 9am but you should check your paperwork and ask your lawyer about start times. If you do not have a lawyer you should get to court early (8.30am) so that you can find the court room and be ready when your name is called. If you are running late, call your lawyer or the court and let them know.

Usually, the court will have a lot of matters to get through on the one day so you may have to wait for your turn. Sometimes this can take a few hours so try and bring something suitable to do as well as something to eat.

If you are not there when your name is called (even if you were there at the start and later left) the Judge may order the police to find you and bring you to the court (issue a warrant for your arrest). If you have been charged with an offence you need to be in the courtroom the whole time your matter is being discussed with the Judge. If you are a witness you will be able to leave the court building once you have finished giving your evidence. Witnesses cannot be in the courtroom while other witnesses are giving their evidence.

Courts normally break for lunch at 1pm for about an hour and sometimes will have a break for morning and/or afternoon tea. Courts usually finish by 5pm. If your matter is not finished you may need to come back the next day. There is no set time limit for how long a court matter can take.