Summary Contested Hearings in Queensland
If you have pleaded not guilty to a criminal charge in the Magistrates Court, your matter will be listed for a summary hearing — sometimes called a defended hearing or a contested hearing. This page explains the process step by step: what happens before, during, and after the hearing.
What a Summary Hearing Is
A summary hearing is a defended criminal trial in the Magistrates Court. The Magistrate hears the evidence and decides — without a jury — whether the prosecution has proved the charge beyond reasonable doubt. The vast majority of criminal charges in Queensland are dealt with summarily. Common assault, drug possession, public nuisance, contravention of a domestic violence order, and most traffic…
Before the Hearing
After you plead not guilty, the matter is adjourned and a hearing date is set. There may be one or more mentions in between to confirm disclosure is complete and both sides are ready. Disclosure The prosecution must provide its brief of evidence — the QP9, witness statements, CCTV footage, forensic results, body-worn camera footage, and any other material it intends to rely on. This material must…
The Hearing Day — Step by Step
This is what happens on the day of the hearing in the Magistrates Court. 1. The prosecution opens. The prosecutor outlines the case — the charge, the evidence, and what the prosecution says happened. 2. Prosecution witnesses are called. Each witness is called to the witness box, sworn in (oath or affirmation), and gives their evidence. This is called evidence-in-chief. The Magistrate may also ask…
If You Are Found Not Guilty
An acquittal means the charge is dismissed. You have no criminal liability for the charge. If you were on bail, your bail conditions cease to operate. If there was an associated domestic violence order linked to the charge, Sacha will advise on whether the order continues or lapses — they are separate legal matters.
If You Are Found Guilty
If the Magistrate finds you guilty, the matter proceeds to sentencing. Sentencing may happen on the same day or the court may adjourn to a later date — particularly if a pre-sentence report, psychological assessment, or other material is needed. Sentencing discount. Under section 13 of the Penalties and Sentences Act 1992 (Qld), a court must take a guilty plea into account when sentencing and may…
When Is a Summary Hearing Worth It?
Not every charge should be contested. The decision to plead not guilty should be based on the evidence — not on a feeling that you should not have been charged. Sacha advises on whether a defence is worth pursuing by looking at: Whether the prosecution can prove each element of the charge — if a critical element is weak, the charge may fail without the defence needing to do anything more than test…