A number of clients have raised concerns about Covid-19 Court arrangements for their court matters following the announcement by the Premier that Southeast Queensland is in a three day lockdown commencing tonight at 6:00pm. If you have any questions, please call our office on (07)55800 120 and we will answer them for you. Below we provide a brief overview of the Covid-19 court arrangements.
Our office:
We are an essential service and will remain open for court appearances especially Bail Applications.
We will be available for phone conferences or video conferences. Our office utilises end to end encrypted software for confidential conferences. We will continue to undertake video conferences with the watch house and jail.
Covid-19 Court Arrangements
We understand that the Magistrates Court Registry has been sending out text messages outlining the Covid-19 Court arrangements for each Courthouses. If you have retained our office to appear on your behalf we shall contact the Registry and attend to this on your behalf.
Your court matter will be mentioned on Wednesday 30 June 2021 in Beenleigh Magistrates Court. Do not come to court in person. Please contact the Beenleigh Magistrates Court via email: courthouse.beenleigh@justice.qld.gov.auor telephone: 07 3081 2100 to arrange to have your appearance in court via telephone. If you are not contacted by the court, your matter will be adjourned. If you need to talk to a lawyer, call Legal Aid on 1300 004 924 or ATSILS on 1800 012 255. No reply needed.
Covid-19 text message
Supreme Court Covid-19 Court arrangements
The Court issued the Supreme Court of Queensland Protocol for Applications Brisbane which details the Covid-19 Court arrangements for the Supreme Court. This protocol applies until further notice. It provides in part:
- Subject to paragraph 2, parties or practitioners are required to attend court in person for the hearing (including for the call-over) unless leave has been granted by a Judge to appear by telephone or video-link.
- Self-represented applicants for bail and self-represented applicants for procedural directions pursuant to the Judicial Review Act 1991 directed at the Parole Board Queensland will appear by video-link, unless otherwise ordered by the senior Judge listed in Applications.
Existing trials are to continue until completed but there will be no new trials commenced during the lockdown.
Sentences are to proceed as listed with those in custody to be personally produced.
District Court Covid-19 Court arrangements
The Covid-19 Court arrangements the District Court mirror those of the Supreme Court. Effectively:
- Existing trials will continue, but there will be no new juries empanelled.
- Sentences will proceed as listed with those in custody produced personally to the court.
Magistrates Covid-19 Court arrangements
Acting Chief Magistrate Brassington has today issued a notice outlining the Covid-19 Court arrangements for the lockdown period. It provides in part:
- All appearances will be by telephone or video. The Acting Chief Magistrate will permit all parties leave to appear by telephone/video for the 30 June 2021 – 2 July 2021.
- There are no physical appearances in the Court except:
- If a Prosecutor can appear, and wishes to appear in person,
- the local Magistrate can give leave.
- For aggrieved applicants in urgent domestic violence applications.
- With the leave of the Magistrate.
- All hearings will be adjourned.
- Matters where a defendant may be sent to custody are not suitable to proceed.
- Other matters will remain as listed and, if possible, proceed.
For existing matters our office will continue to appear on your behalf.
Custody visits
The following correctional centres have returned to stage three lockdowns:
- Arthur Gorrie
- Borallon
- Brisbane
- Brisbane Women’s
- Helena Jones, Numinbah and Palen Creek
- Maryborough
- Princess Alexandra Hospital Secure Unit
- Southern Queensland
- Wolston
- Woodford
Stage three lockdown conditions include:
- Suspension of all personal and professional in person visits, including by legal representatives.
- Non-critical movements of prisoners outside of centres are minimised.
- Production of prisoners from any correctional centre for court appearances where the in-person appearance is still required, will be facilitated by QCS. The use of video conferencing where viable, is preferred.
- Prisoners transferred for in-person court appearances (including trial attendance), may be required to isolate for 14 days upon their return to custody from court on advice of Queensland Health personnel, a timeframe which may reset upon each subsequent return to a centre from court.
The lockdown conditions have affected the Sentencing process. If your loved one is remanded in custody the conditions that they face may be relevant. We have previously discussed this in our post “Covid-19 Sentences“.
Disclaimer
This website contains general information about legal matters. The information is not advice, and should not be treated as such. You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider. This publication is for your information and interest only. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.
The receipt of any information from us in this publication is not intended to create nor does it create a solicitor-client relationship between you and Gatenby Criminal Lawyers Pty Ltd.
For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.
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