About the Magistrates Court
The Magistrates Court is the first level of the Queensland Courts system. Most criminal cases are first heard in this court in some form. The court deals with a range of offences including:
- minor offences such as shoplifting or disorderly behaviour
- more serious offences such as burglary or assault.
Read our Magistrates Court fact sheet (PDF 126 kB) or learn more about the Magistrates Court on the Queensland Courts website.
Powers under the Mental Health Act 2016
Magistrates are given specific powers under the Mental Health Act 2016 that can be exercised for persons with a mental illness, an intellectual disability or another mental condition.
A Magistrate may dismiss charges against a person if the Magistrate is satisfied, on the balance of probabilities, that the person:
- was, or appears to have been, of unsound mind when the offence was allegedly committed
- is unfit for trial.
This power applies to a ‘simple offence’, which is an offence that may be decided by a Magistrate.
A Magistrate may also adjourn proceedings for up to 6 months if the person is unfit for trial but is likely to become fit for trial within 6 months.
In deciding whether to dismiss or adjourn a matter, a Magistrate may consider information in an expert report received in evidence by the Mental Health Court.
Examination orders
A Magistrate can refer a person who has, or may have, a mental illness to undergo an involuntary examination under an examination order.
This applies if charges have been dismissed, proceedings adjourned, or the Magistrate otherwise believes the person would benefit from an examination.
The examination order enables an authorised person, such as a police officer, to transport the person immediately to an authorised mental health service (AMHS) or, in non-urgent circumstances, require the person to attend an AMHS or a public sector health service facility within 28 days.
The order cannot enforce treatment, but an examination may result in:
- a treatment authority being made for the person
- the development of a treatment plan for the voluntary treatment of the person
- a change in the person’s treatment, if the person is already on an authority or order under the Act.
Referrals
Where the person does not have a mental illness, a Magistrate may refer the person to an agency who may be able to provide treatment or care for the person.
For example, for individuals with an intellectual disability, the Magistrate may refer the person to the Department of Child Safety, Seniors and Disability Services or the National Disability Insurance Agency (NDIS) to see if suitable care is available for the person.
A referral does not mandate the provision of any care for the person.
A Magistrate may also refer an indictable offence, and any associated offences, to the Mental Health Court if the person appears to have been of unsound mind or is unfit for trial and the:
- nature and circumstances of the offence create an exceptional circumstance in relation to the protection of the community, and
- the making of a forensic order or treatment support order may be justified.
This may occur, for example, if repeat offending is evident and previous diversionary strategies have not been successful.
Learn more about the Mental Health Court
How we assist the court
Magistrates are supported by the Court Liaison Service within Queensland Health.
This service provides clinical assessments for the purposes of identifying the need for further mental health assessments or treatment.
In addition, the Court Liaison Service provides advice to Magistrates on whether a person was unsound of mind at the time of an alleged offence or is unfit for trial.
Learn more about the Court Liaison Service