MEDIA STATEMENT: Crisafulli Government to deliver history-making reform of criminal procedure laws

Crisafulli Government to deliver history-making reform of criminal procedure laws 

• The Crisafulli Government will implement a new Criminal Procedure (Magistrates Court) Bill to replace the Justices Act 1886.
• Work will commence to develop new legislation that modernises Magistrates Court criminal procedures.
• The new Bill will also help the Crisafulli Government deliver faster access to justice for victims of crime.  

The Crisafulli Government will deliver new criminal procedure legislation for the State’s Magistrates Courts, announcing one of the most significant reforms in the history of Queensland’s criminal justice system. 

Magistrates Courts, Queensland’s busiest criminal jurisdiction, deal with 95 per cent of all criminal prosecutions using the 138-year-old Justices Act 1886. 

The framework for reforming criminal procedure laws was provided by retired District Court judge Michael Shanahan AM in May 2023 after consultations with a wide range of key stakeholders, the judiciary, and legal practitioners. 

Mr Shanahan’s report made substantial recommendations for a contemporary and effective legislative framework to modernise the Justices Act 1886, with the majority of recommendations accepted by the Government. 

Work will now begin to create a new Criminal Procedure (Magistrates Court) Bill and a related consequential amendments Bill based on supported recommendations. 

The new Bill will focus on efficiency, greater consistency, improved clarity, and reduced delays. 

It will also help deliver the Crisafulli Government’s election commitment for faster access to justice for victims. 

Mr Shanahan will then provide expert criminal law guidance and knowledge to develop the next stage of legislation, giving effect to the recommendations of the review. 

The recommendation to change the title of Magistrates Court to Local Court is not supported, in recognition of the long-standing Magistrates Court institution, the forefront of Queensland’s justice system. 

Attorney-General, Minister for Justice and Minister for Integrity Deb Frecklington said she was proud to lead the most significant reform to Queensland’s criminal justice system.  

“It is well and truly time that The Justices Act 188 is written for now, as currently our busy Magistrates Courts rely on laws substantially from another era,” the Attorney-General said. 

“There is widespread support across the justice and legal sector for these reforms, as the current system – despite being fundamental to criminal practice – is outdated and difficult to use. 

“It is a complex and critical task, and it will take time to develop and commence these new laws, but we are committed to staying the course and getting it right. 

“I again thank Mr Michael Shanahan for conducting the Criminal Procedure Review and for his comprehensive report.