Last updated 20 July 2016

Resolving matters without going to court

In some instances, a police officer may issue an infringement notice that requires a defendant to pay a fine (e.g. for liquor and public nuisance charges). A defendant who wishes to contest the fine may be able to send the charge to a court but will not otherwise need to appear.

A police officer, in certain circumstances, may also resolve minor drug matters through the imposition of a formal caution. Such alternative means of dispute resolution has the benefit of saving scarce court resources whilst also removing the consequences of criminal convictions for some minor drug offences.

It is also possible for a defendant summoned to court to plead guilty to some minor charges online or in writing. In those instances, the criminal offences will still be determined by a court in the absence of a defendant. This is referred to as dealing with the matter ex parte. The Justices Act 1886 (Qld) only allows a court to determine charges ex parte in certain limited circumstances. Legal advice should always be sought before deciding to plead guilty.

Bringing the defendant before court

A defendant must be brought before a court before any proceedings can properly commence. This can be done in four ways:

  • notice to appear
  • complaint and summons
  • arrest with a warrant
  • arrest without a warrant having been issued.

Notice to appear

This is the most efficient and common way police can commence prosecutions where there are no perceived bail risks. A notice to appear must be served personally on a defendant. Once the notice is formally served, it compels a defendant to appear before a court in relation to the charge specified on the form. For further information on the issuing of notices to appear see the Arrest and Interrogation chapter.

Complaint and summons

Commencing proceedings through complaint and summons was commonly utilised by police prior to the advent of notices to appear. They could be used by police to commence proceedings for most offences, particularly summary and regulatory offences. However, in certain instances legislation prescribed that a police officer could not proceed by way of arrest without warrant and instead was required to utilise this method of commencing proceedings. This has mostly been superseded with the introduction of the Police Powers and Responsibilities Act 2000 (Qld) (PPR Act) in 1997 and again in 2000.

Complaint and summons is still commonly used for traffic violations, taxation offences and breaches of local government provisions. A summons may be issued by a justice of the peace upon a complaint that a person is suspected of having committed an offence (s 53 Justices Act 1886 (Qld) (Justices Act)). The summons will set out the nature of the offence, the date on which the matter will be heard and details of the court that will hear the charge (s 54 Justices Act).

A summons can be served on the defendant personally, but in respect of summary offences, it is more often delivered or sent by registered post to the last known place of business or residence of the defendant. In the case of traffic violations, these details can be obtained from licence or registration details kept by the Department of Transport and Main Roads. Proof of service of the summons is necessary should a defendant not appear as required (s 56 Justices Act).

There is often additional costs of court associated with commencing proceedings in this manner.

Warrant

A warrant is similar to a complaint and summons, except that it also authorises police to arrest the defendant. A warrant is an order to any and all police officers to immediately arrest the person named in the warrant and produce that person immediately before a court in relation to the charge named in the warrant.

Warrants may either be issued by a court or alternatively by a justice of the peace. A court or a justice, on application by a police officer, may issue a warrant instead of a summons if satisfied that there are reasonable grounds for suspecting the person has committed an offence. If the offence is not an indictable offence, the application for a warrant must show that alternative methods to require appearance would be ineffective (s 371 PPR Act). Some relevant considerations would include the seriousness of the offence or a real concern that the defendant may abscond if they are issued with a summons or notice to appear perhaps based on the person’s bail history.

Once a warrant is issued, police have the power to arrest the defendant and are required to bring the person before a court as soon as reasonably practicable (s 393 PPR Act), namely on the same or the next court sitting day.

For further information about arrest without a warrant, see the Arrest and Interrogation chapter.