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 offences are simple offences that are always heard in the Magistrates Court. Some more serious charges — including assault occasioning bodily harm (section 339 of the Criminal Code ) and dangerous operation of a vehicle (section 328A) — are indictable offences that are dealt with summarily unless the defendant elects to be tried by a jury in the District Court (section 552B of the Criminal Code ). The Magistrate also retains a discretion to decline summary jurisdiction and commit the matter to the District Court if the offence is too serious for the available penalties (section 552D). In practice, the large majority of these charges are dealt with in the Magistrates Court. But it is important to understand that the option of electing a jury trial exists for certain charges — and Sacha will advise if that is a relevant consideration in your case.
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 be reviewed carefully. The quality of the defence at a hearing depends almost entirely on the quality of the preparation done beforehand. Preparation Once the brief is received, the work begins: Every witness statement is reviewed for inconsistencies, gaps, and weaknesses The elements of the offence are identified — every element the prosecution must prove, and where the evidence falls short Cross-examination is planned for each prosecution witness — not improvised on the day Legal research is done on any contested legal issues: admissibility, statutory interpretation, elements of the offence If you choose to give evidence, you are prepared for what that involves — including the prosecution's right to cross-examine you Charge negotiations Before the hearing, there may be an opportunity to negotiate with the prosecution — a reduced charge, amended facts, or withdrawal of one or more charges. This often happens once the prosecution identifies that its case has weaknesses. Sacha pursues this before the hearing where it is in your interest.
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 questions of the witness. 3. Cross-examination. After each prosecution witness gives evidence-in-chief, the defence has the right to cross-examine. Cross-examination is where the prosecution case is tested — inconsistencies are exposed, the reliability of the witness's observations is challenged, and facts favourable to the defence are established. 4. Re-examination. After cross-examination, the prosecutor may re-examine the witness — but only on matters raised during cross-examination. No new evidence can be introduced. 5. No case to answer. After the prosecution closes its case, the defence may submit that there is no case to answer — that the prosecution's evidence, taken at its highest, is insufficient to establish the charge. If the Magistrate agrees, the charge is dismissed without the defence needing to call any evidence. This is a significant outcome, but it requires a genuine evidentiary gap in the prosecution's case. 6. Defence evidence (optional). If the case proceeds, the defence may call evidence — including your own evidence, other witnesses, or documentary material. You are not required to give evidence. You have an absolute right to silence, and no adverse inference can be drawn from your decision not to give evidence. Whether giving evidence helps your case is a tactical decision made with Sacha's advice. 7. Closing submissions. Both sides make closing submissions to the Magistrate — summarising their case, identifying the key issues, and explaining why the evidence does or does not support a finding of guilt. 8. Verdict. The Magistrate decides whether the prosecution has proved each element of the charge beyond reasonable doubt. The verdict is either: Not guilty — the charge is dismissed. You are acquitted. The charge is over. Guilty — the matter proceeds to sentencing, either immediately or at a later date. Note on witnesses: Witnesses are not permitted to be in the courtroom while other witnesses are giving evidence. They wait outside until called. This rule exists to prevent witnesses from tailoring their accounts to match each other's evidence.
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 reduce the sentence. If you are convicted after a contested hearing, you have not pleaded guilty — and that discount is not available. This does not mean the outcome will be dramatically worse, but it is a factor the court considers. Sacha advises on this risk before any plea is entered. Appeal. You have the right to appeal both the conviction and the sentence to the District Court. The appeal must be lodged within one calendar month of the decision. District Court appeals are heard by way of rehearing under section 222 of the Justices Act 1886 (Qld). → Read the full guide to criminal appeals
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 the prosecution's evidence Whether there is a legal defence — self-defence, provocation, honest and reasonable mistake of fact, accident, or other defences under the Criminal Code Whether a key witness is unreliable — where the prosecution depends on a single account that is inconsistent with objective evidence, cross-examination may be enough to raise a reasonable doubt Whether the evidence is admissible — improperly obtained evidence, unreliable confessions, and hearsay may be excluded before the hearing If the evidence is strong and no defence is available, Sacha will say so — and explain what a well-prepared guilty plea would look like instead.
Frequently Asked Questions
What is the difference between a mention and a hearing?
A mention is a short administrative court appearance — bail, disclosure, setting dates. A hearing is the trial itself, where witnesses give evidence, they are cross-examined, and the Magistrate decides whether you are guilty or not guilty.
Can some charges be tried by a jury instead of a Magistrate?
Yes. Some charges heard in the Magistrates Court — such as assault occasioning bodily harm and dangerous operation of a vehicle — are indictable offences dealt with summarily. Under section 552B of the Criminal Code , the defendant can elect to be tried by a jury in the District Court instead. Sacha will advise if this is a relevant option in your case.
Do I have to give evidence at the hearing?
No. You have the right to remain silent. No adverse inference can be drawn from your decision not to give evidence. Whether giving evidence helps your case depends on the specific facts — Sacha advises on this after reviewing the prosecution material.
What happens if the prosecution witnesses do not attend?
If the prosecution cannot produce its witnesses, it may seek an adjournment. If the witness is unlikely to attend or cannot be located, the prosecution may be unable to proceed and the charge may be dismissed. Sacha advises on how to respond if this occurs.
How long does a summary hearing take?
Most summary hearings take between half a day and a full day, depending on the number of witnesses and the complexity of the evidence.
What is a 'no case to answer' submission?
After the prosecution closes its case, the defence can submit that there is no case to answer — meaning the evidence, even taken at its highest, is insufficient to prove the charge. If the Magistrate agrees, the charge is dismissed without the defence calling any evidence.
Will I lose the sentencing discount if I contest the charge and am found guilty?
Yes. The sentencing discount for a timely guilty plea under section 13 of the Penalties and Sentences Act 1992 is not available after conviction at a contested hearing. Sacha explains this risk before any plea is entered so you can make an informed decision.