Criminal Procedure Review – Magistrates Court

The Criminal Procedure Review - Magistrates Courts (the review) was established to undertake a comprehensive review of criminal procedure laws in Queensland’s Magistrates Courts and make recommendations for a new contemporary and effective legislative framework, to ultimately replace the Justices Act 1886.

Mr Michael Shanahan AM, a retired District Court judge, has been appointed as the independent reviewer. This is an historic review for the administration of justice in Queensland.

You can find more information about the scope of the review, including the terms of reference, on the review website.

Opportunities to have your say

This review involves broad consultation, including with the Queensland judiciary, legal stakeholders, and the community generally.

On 29 April 2022, a consultation paper was released. It asks a series of questions about the current criminal procedures in the Magistrates Courts, the way processes work and views on possible improvements. It also asks about whether the Magistrates Court should change its name to the Local Court, and if magistrates should be called Local Court judges.

You can find out more information about the consultation process on the review website.

Written submissions

All submissions can be made in writing by:

Submissions in response to the consultation paper close at 5pm on 30 June 2022.

If you don’t want to respond to the consultation paper, but instead would prefer to tell us about any other issues you think are relevant to our review—or make any other suggestions—you can make a general submission in writing to us by 5pm on 31 August 2022.

Privacy

The Department of Justice and Attorney-General (DJAG) is collecting personal information from persons making comments, feedback or submissions for the purpose of conducting the review of criminal procedure in the Magistrates Courts. This information will assist us by informing the development of related policy and legislative proposals. Personal information includes your name, contact details, and commentary or opinions. Your personal information may be used and disclosed for the purpose of developing the reviewer’s report and may be reproduced in the report. The reviewer’s report will be published. Your comments, feedback or submission may also be provided to others with an interest in the review. DJAG may also contact you for further information on the issues you raise. Your personal information will not be used for any other purpose unless otherwise required or authorised under a law and will be handled in accordance with the Information Privacy Act 2009.

Comments, feedback or submissions will be treated as public documents. This means they may be published on the review’s website. They (or information about their content) may also be included in the review’s report and provided in due course to a parliamentary committee when considering legislation.  

If you would like your comment, feedback or submission, or any part of it, to be treated as confidential please indicate this clearly. If you would like only your name and contact details to be treated as confidential, please indicate this clearly However, please note that all comments, feedback or submissions may be subject to disclosure under the Right to Information Act 2009, and access applications for those, including any marked confidential, will be determined in accordance with that Act.