CHAPTER CONTENTS
Last updated 16 February 2026
Preliminary Procedure when Prosecuting a Criminal Offence
First Appearance Before a Court
Summary and Indictable Offences
Defendant’s Options at First Appearance Before a Court
Summary Proceedings in the Magistrates Court
Murri Court
Queensland Courts Referrals
Summary Trials in the Magistrates Court
The Prosecution Case in Summary Trials
The Defence Case in Summary Trials
Appeals from Summary Proceedings
Committal Proceedings in the Magistrates Court
Proceedings on Indictment in the Supreme or District Court
The Role and Responsibilities of the Jury
Appeals against Conviction
There are numerous rules governing how criminal charges are finalised. It is important to remember that everyone is presumed innocent until proven otherwise. These rules are essentially prescribed by parliament through legislation. This legislation dictates that the approach taken by a court in dealing with a criminal charge varies depending on the seriousness of the charge (i.e. whether the offence is a summary offence or an indictable offence) and how the defendant intends to resolve the charge. Some matters may be dealt with in a Magistrates Court if a defendant enters a plea of guilty whereas if the charge is contested it may require the charge to be committed to the higher courts to be determined by trial.
Some offences require a wrongful act or omission to be done to another person. Another person must be wronged. Any person may make a complaint about the commission of a criminal offence. This is usually done by notifying police, who then have the power to formally lay the complaint and commence the prosecution. This usually occurs after an investigation is conducted into the allegation.
Other offences do not require a specific victim. On some occasions, specific conduct is criminalised with no need for an individual victim. Drug offences are an example of such conduct. However, regardless of whether the criminal law requires an individual complainant, all criminal proceedings are commenced and conducted by the state. This process is in place because criminal offences are said to be offences against the state and not merely offences against the individual victim.