When a child aged 10-17 is charged with an offence, the court that can sentence them or hold a trial to decide if they are guilty or not guilty depends on how serious their offence was.

Childrens Court (Magistrates Court)

• All children charged with an offence go to this court first.
• Can only hold a trial for, or sentence, offences that are not defined as serious.
• Magistrate decides if the child is guilty (if the child did not plead guilty) and decides the sentence.
• If a magistrate gives a child a sentence of probation or detention, it can generally only be for one year.
• Decides whether there is a case for serious offences to go to the higher courts.

Childrens Court of Queensland (District Court)

• Mostly deals with serious offences except those that must be heard in the Supreme Court.
• If the child pleads not guilty, the child can usually choose whether a judge or jury should decide if they are guilty.
• Judges decide the sentence.
• Judge can review sentences made by Childrens Court magistrates.
• Judge can finalise some appeals from Childrens Court (Magistrates Court) decisions.

Supreme Court

• Deals with the offences of murder, manslaughter, unlawful striking causing death and trafficking in a Schedule 1 dangerous drug.
• If the child pleads not guilty a jury will usually decide the child’s guilt following a trial.
• Judges decide the sentence.

Murri Court is a special type of Magistrates Court and Childrens Court that links Aboriginal and Torres Strait Islander people to cultural and support services. It operates in a less formal way than other courts.

Elders and Respected Persons from the community are there in the courtroom. Their role is to guide a person to access appropriate services and help magistrates understand more about the person’s life and culture.

Murri Courts are located in the Magistrates and Childrens Courts in 15 locations across Queensland. In some locations, Australian South Sea Islander people can use Murri Court.

Watch this video to learn more about Murri Court.

Court Link is a voluntary 12-week program that can help a person on bail to find support and treatment to try and reduce the chance that they will offend again. This may include connecting the person with housing, employment, drug and alcohol, and/or health services.

If a person engages positively with Court Link, the court may take this into account when deciding the person’s sentence.

Court Link is currently available in Brisbane, Cairns, Ipswich, Southport, Caboolture, Redcliffe, Maroochydore and Mount Isa.

Watch this video to learn more about Court Link.

Queensland’s Specialist Domestic and Family Violence Courts are based in local Magistrates Courts in Southport, Beenleigh, Townsville, Mount Isa and Palm Island. These courts deal with domestic and family violence cases.

Specialist Domestic and Family Violence Courts have magistrates who are specially trained to hear domestic and family violence cases and other special features.

However, if a person commits a more serious domestic and family violence offence the case would still be heard and sentenced in a higher court. For example, if a person is charged with attempted murder, the Supreme Court would hear the case and, if the person is found guilty, decide the sentence.

The Mental Health Court is not a sentencing court but makes decisions that affect how certain people charged with offences are dealt with.

A criminal case can be referred to the Mental Health Court if it’s believed that a person is/was mentally ill or has an intellectual disability and was deprived of the ability to understand or know what they were doing.

The Mental Health Court decides if the person:

• was of unsound mind at the time of the offence (this means the person is not criminally responsible for their behaviour)
• is fit for trial – meaning the person understands what is happening in court and can properly defend themselves; and, if they are unfit, whether this is permanent or temporary
• should be charged with manslaughter by reason of diminished responsibility if they were charged with murder.

The court mainly hears cases for serious offences that would usually be dealt with in the Supreme or District Courts. (Magistrates can also refer more serious cases if the person may have been of unsound mind or is unfit for trial.)

Judges from the Supreme Court of Queensland sit on the court, and they are given expert advice by two clinicians (specialists who work in mental health).

Orders the Mental Health Court can make

If the court decides the person was of unsound mind or permanently unfit for trial, the court may make a Forensic Order, Treatment Support Order or no order.

If the court decides the person is unfit for trial at the moment, but could be fit for trial in the future, it must make a Forensic Order or Treatment Support Order. The Mental Health Review Tribunal will then review if the person is fit for trial at a later date.

Forensic order

• for certain very serious offences (called prescribed offences) including murder, attempted murder, intentionally causing grievous bodily harm, grievous bodily harm and rape
• court may order that it cannot be cancelled/removed for up to 10 years taking into consideration the need to protect the community
• the court decides if the person needs to be treated as an inpatient of a mental health service, or if they can live in the community
• person can only be treated in the community if the court is satisfied they do not pose an unacceptable risk to the safety of the community
• patients on Forensic Orders living in the community are subject to strict supervision
• reviewed regularly by the Mental Health Review Tribunal.

Treatment support orders

• the court can make Treatment Support Orders in cases where a Forensic Order is not needed but the person needs to be on this type of order to protect the community
• the court decides if the person needs to be treated as an inpatient of a mental health service, or if they can live in the community
• can be made by the Mental Health Review Tribunal when a Forensic Order is reviewed, as a ‘step down’ order
• involve less supervision than Forensic Orders
• reviewed regularly by the Mental Health Review Tribunal.

To find out more, visit the Queensland Courts website.