The Justices Regulation 2014 sets practical court procedures for issuing, filing and recording warrants, summonses and bench charge/cover sheets, authorises specified computer/e‑warrants and fixes court costs and fees. It replaces the 2004 rules and includes transitional provisions.
It affects complainants, applicants for warrants/summonses, police (including arresting officers), court clerks and magistrates by imposing filing, certification and recording duties, prescribing electronic‑warrant protocols, and allocating who pays fees and when cost‑shifting applies.
Mechanically, the Justices Regulation 2014 prescribes administrative and procedural detail that implements a range of powers and processes in the parent Act (the Act is repeatedly cited throughout the regulation). The regulation does the following (source citations follow each point):
Imposes filing duties when particular warrants and summonses are issued, including time limits and the place where copies must be filed (ss 4, 5, 12). The duties apply when warrants are issued under the Act, including warrants of apprehension (s 4), warrants for witnesses (s 5), and summonses to witnesses (s 12).
Prescribes the classes of warrants that qualify as "computer warrants" under the Act, listing specific statutory sources of warrants that may be executed electronically (s 6).
Approves specific procedural documents, external to the Regulation, as the authorised procedures for issuing and executing electronic warrants (s 7). Those documents are named in the regulation, and are to be published on government or police departmental websites.
Specifies the minimum information that must appear in a document used to execute a computer warrant instead of a written warrant (s 8), and prescribes who must certify such electronic/executed documents (ss 9, 11).
Prescribes a format name for an outstanding-warrant report used to execute written warrants from a document, the "Warrant Report", made by the police commissioner (s 10).
Requires police to provide bench charge sheets to the clerk of the court in specified circumstances (s 13), sets out the mandatory content of those charge sheets to inform defendants adequately (s 14), and places recording obligations on courts about pleas, decisions and amendments as they relate to bench charge sheets and bench cover sheets (ss 15, 16).
Current sections
Direct links to the current provisions in Justices Regulation 2014.
55
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Justices Regulation 2014 .
sec.2
Commencement
sec.2 Commencement
This regulation commences on 1 September 2014.
sec.3
Dictionary
sec.3 Dictionary
The dictionary in schedule 4 defines particular words used in this regulation.
pt.2
Warrants
Warrants
pt.2-div.1
Procedure when particular warrants are issued
Procedure when particular warrants are issued
sec.4
Copy of complaint to be filed if warrant of apprehension issued under Act, s 57 or 59
sec.4 Copy of complaint to be filed if warrant of apprehension issued under Act, s 57 or 59
This section applies if a warrant is issued under section 57 or 59 of the Act on a complaint.
If the warrant is issued at a place appointed for holding a Magistrates Court, the complainant must, at the time the warrant is issued, file a copy of the complaint with the clerk of the court at the place.
If the warrant is issued at another place, the complainant must, within 3 days after the warrant’s issue, file a copy of the complaint with the clerk of the court who is nearest to the place where the warrant was issued.
(sec.4-ssec.1) This section applies if a warrant is issued under section 57 or 59 of the Act on a complaint.
(sec.4-ssec.2) If the warrant is issued at a place appointed for holding a Magistrates Court, the complainant must, at the time the warrant is issued, file a copy of the complaint with the clerk of the court at the place.
(sec.4-ssec.3) If the warrant is issued at another place, the complainant must, within 3 days after the warrant’s issue, file a copy of the complaint with the clerk of the court who is nearest to the place where the warrant was issued.
sec.5
Copy of evidence on oath to be filed if warrant for a witness issued under Act, s 81
sec.5 Copy of evidence on oath to be filed if warrant for a witness issued under Act, s 81
This section applies if a person asks a justice to issue a warrant that may be issued under section 81 of the Act .
If the warrant is issued at a place appointed for holding a Magistrates Court, the person must, at the time the warrant is issued—
file a copy of any written evidence on oath relied on to obtain the warrant with the clerk of the court at the place; and
pay the fee for filing the copy.
If the warrant is issued at another place, the person must, within 3 days after the warrant’s issue—
file a copy of any written evidence on oath relied on to obtain the warrant with the clerk of the court who is at or nearest to the returnable place; and
pay the fee for filing the copy.
In this section—
returnable place , for a warrant, means the place where the relevant witness is to be brought under the warrant.
(sec.5-ssec.1) This section applies if a person asks a justice to issue a warrant that may be issued under section 81 of the Act .
(sec.5-ssec.2) If the warrant is issued at a place appointed for holding a Magistrates Court, the person must, at the time the warrant is issued— file a copy of any written evidence on oath relied on to obtain the warrant with the clerk of the court at the place; and pay the fee for filing the copy.
(sec.5-ssec.3) If the warrant is issued at another place, the person must, within 3 days after the warrant’s issue— file a copy of any written evidence on oath relied on to obtain the warrant with the clerk of the court who is at or nearest to the returnable place; and pay the fee for filing the copy.
(sec.5-ssec.4) In this section— returnable place , for a warrant, means the place where the relevant witness is to be brought under the warrant.
(a) file a copy of any written evidence on oath relied on to obtain the warrant with the clerk of the court at the place; and
(b) pay the fee for filing the copy.
(a) file a copy of any written evidence on oath relied on to obtain the warrant with the clerk of the court who is at or nearest to the returnable place; and
(b) pay the fee for filing the copy.
pt.2-div.2
Computer warrants
Computer warrants
sec.6
Prescribed warrants— Act , s 66
sec.6 Prescribed warrants— Act , s 66
For section 66 (4) of the Act , the following types of warrant are prescribed—
a warrant issued under the Act ;
a warrant issued under the Bail Act 1980 ;
a warrant issued under the Criminal Practice Rules 1999 , rule 28 ;
a warrant issued under the Domestic and Family Violence Protection Act 2012 ;
a warrant of commitment issued under the Penalties and Sentences Act 1992 ;
an arrest warrant issued under the Police Powers and Responsibilities Act 2000 ;
a warrant issued under the State Penalties Enforcement Act 1999 ;
a warrant issued under the Youth Justice Act 1992 .
s 6 amd 2020 SL No. 238 s 4
(a) a warrant issued under the Act ;
(b) a warrant issued under the Bail Act 1980 ;
(c) a warrant issued under the Criminal Practice Rules 1999 , rule 28 ;
(d) a warrant issued under the Domestic and Family Violence Protection Act 2012 ;
(e) a warrant of commitment issued under the Penalties and Sentences Act 1992 ;
(f) an arrest warrant issued under the Police Powers and Responsibilities Act 2000 ;
(g) a warrant issued under the State Penalties Enforcement Act 1999 ;
(h) a warrant issued under the Youth Justice Act 1992 .
sec.7
Approved procedures for computer stored information— Act , s 67
sec.7 Approved procedures for computer stored information— Act , s 67
For section 67 (1) (b) of the Act , the following procedures for computer stored information are approved—
the procedures, made by the chief executive, stated in the document—
called ‘Issuing eWarrants in Queensland Courts’; and
published on the department’s website;
the procedures about computer warrants, made by the commissioner of the police service, stated in the document—
called ‘Operational Procedures Manual’; and
published by the department administering the Police Powers and Responsibilities Act 2000 on its website.
s 7 sub 2020 SL No. 238 s 5
(a) the procedures, made by the chief executive, stated in the document— (i) called ‘Issuing eWarrants in Queensland Courts’; and (ii) published on the department’s website;
(i) called ‘Issuing eWarrants in Queensland Courts’; and
(ii) published on the department’s website;
(b) the procedures about computer warrants, made by the commissioner of the police service, stated in the document— (i) called ‘Operational Procedures Manual’; and (ii) published by the department administering the Police Powers and Responsibilities Act 2000 on its website.
(i) called ‘Operational Procedures Manual’; and
(ii) published by the department administering the Police Powers and Responsibilities Act 2000 on its website.
(i) called ‘Issuing eWarrants in Queensland Courts’; and
(ii) published on the department’s website;
(i) called ‘Operational Procedures Manual’; and
(ii) published by the department administering the Police Powers and Responsibilities Act 2000 on its website.
sec.8
Prescribed information— Act , s 69B (2)
sec.8 Prescribed information— Act , s 69B (2)
This section applies if a computer warrant is executed using information about the warrant in a document, other than a written version of the warrant, made under the approved procedures.
The document must include the following information about the warrant—
type;
reference number;
date of issue;
issuing entity’s name and location;
the Act under which the warrant was issued;
for a warrant of commitment for failure to pay an amount—
the amount payable; and
the default period of imprisonment;
for a warrant of execution—the amount payable.
The document must include the following information about the person to whom the warrant relates—
name;
address stated in the warrant;
latest known address.
The document must include the following information about the offence or alleged offence for which the warrant was issued—
a description of the offence or alleged offence;
the place where the offence or alleged offence happened;
the date of the offence or alleged offence;
the provision of the Act or statutory instrument that was contravened or allegedly contravened.
(sec.8-ssec.1) This section applies if a computer warrant is executed using information about the warrant in a document, other than a written version of the warrant, made under the approved procedures.
(sec.8-ssec.2) The document must include the following information about the warrant— type; reference number; date of issue; issuing entity’s name and location; the Act under which the warrant was issued; for a warrant of commitment for failure to pay an amount— the amount payable; and the default period of imprisonment; for a warrant of execution—the amount payable.
(sec.8-ssec.3) The document must include the following information about the person to whom the warrant relates— name; address stated in the warrant; latest known address.
(sec.8-ssec.4) The document must include the following information about the offence or alleged offence for which the warrant was issued— a description of the offence or alleged offence; the place where the offence or alleged offence happened; the date of the offence or alleged offence; the provision of the Act or statutory instrument that was contravened or allegedly contravened.
(a) type;
(b) reference number;
(c) date of issue;
(d) issuing entity’s name and location;
(e) the Act under which the warrant was issued;
(f) for a warrant of commitment for failure to pay an amount— (i) the amount payable; and (ii) the default period of imprisonment;
(i) the amount payable; and
(ii) the default period of imprisonment;
(g) for a warrant of execution—the amount payable.
(i) the amount payable; and
(ii) the default period of imprisonment;
(a) name;
(b) address stated in the warrant;
(c) latest known address.
(a) a description of the offence or alleged offence;
(b) the place where the offence or alleged offence happened;
(c) the date of the offence or alleged offence;
(d) the provision of the Act or statutory instrument that was contravened or allegedly contravened.
sec.9
Certification— Act , s 69B (5) (b)
sec.9 Certification— Act , s 69B (5) (b)
For section 69B (5) (b) of the Act , certification is to be by the arresting officer.
pt.2-div.3
Written warrants executed using document containing information about outstanding warrants
Written warrants executed using document containing information about outstanding warrants
sec.10
Prescribed document— Act , s 69E
sec.10 Prescribed document— Act , s 69E
For section 69E (1) (b) of the Act , a document called ‘Warrant Report’ made by the commissioner of the police service for executing a warrant mentioned in the document is prescribed.
s 10 sub 2020 SL No. 238 s 6
sec.11
Certification of prescribed document— Act , s 69E (4) (b)
sec.11 Certification of prescribed document— Act , s 69E (4) (b)
For section 69E (4) (b) of the Act , certification is to be by the arresting officer.
pt.3
Summons to witness
Summons to witness
sec.12
Copy of summons issued to witness under Act, s 78 or 83 to be filed
sec.12 Copy of summons issued to witness under Act, s 78 or 83 to be filed
This section applies if a person asks a justice to issue a summons that may be issued under section 78 or 83 of the Act .
If the summons is issued at a place appointed for holding a Magistrates Court, the person must, at the time the summons is issued—
file a copy of the summons with the clerk of the court at the place; and
pay the fee for filing the copy.
If the summons is issued at another place, the person must, within 3 days after the summons’s issue—
file a copy of the summons with the clerk of the court who is at or nearest to the returnable place; and
pay the fee for filing the copy.
In this section—
returnable place , for a summons, means the place where the relevant witness is required to appear or produce documents under the summons.
(sec.12-ssec.1) This section applies if a person asks a justice to issue a summons that may be issued under section 78 or 83 of the Act .
(sec.12-ssec.2) If the summons is issued at a place appointed for holding a Magistrates Court, the person must, at the time the summons is issued— file a copy of the summons with the clerk of the court at the place; and pay the fee for filing the copy.
(sec.12-ssec.3) If the summons is issued at another place, the person must, within 3 days after the summons’s issue— file a copy of the summons with the clerk of the court who is at or nearest to the returnable place; and pay the fee for filing the copy.
(sec.12-ssec.4) In this section— returnable place , for a summons, means the place where the relevant witness is required to appear or produce documents under the summons.
(a) file a copy of the summons with the clerk of the court at the place; and
(b) pay the fee for filing the copy.
(a) file a copy of the summons with the clerk of the court who is at or nearest to the returnable place; and
(b) pay the fee for filing the copy.
pt.4
Bench charge sheets and bench cover sheets
Bench charge sheets and bench cover sheets
pt.4-div.1
Bench charge sheet if defendant arrested or served with notice to appear
Bench charge sheet if defendant arrested or served with notice to appear
sec.13
Police officer to give bench charge sheet to clerk of the court
sec.13 Police officer to give bench charge sheet to clerk of the court
This section applies to a charge against a defendant if—
the charge is of an offence for which a proceeding may be brought under the Act ; and
the defendant is—
arrested on the charge, with or without a warrant; or
served with a notice to appear under the Police Powers and Responsibilities Act 2000 for the offence.
However, this section does not apply to a charge for which a bench charge sheet is required under an Act other than the Act .
A police officer must give the clerk of the court of the relevant court a separate bench charge sheet for each charge to which this section applies.
The bench charge sheet may be given electronically to the clerk of the court.
In this section—
relevant court , for a charge against a defendant, means a court before which the defendant is to be brought on the charge.
(sec.13-ssec.1) This section applies to a charge against a defendant if— the charge is of an offence for which a proceeding may be brought under the Act ; and the defendant is— arrested on the charge, with or without a warrant; or served with a notice to appear under the Police Powers and Responsibilities Act 2000 for the offence.
(sec.13-ssec.2) However, this section does not apply to a charge for which a bench charge sheet is required under an Act other than the Act .
(sec.13-ssec.3) A police officer must give the clerk of the court of the relevant court a separate bench charge sheet for each charge to which this section applies.
(sec.13-ssec.4) The bench charge sheet may be given electronically to the clerk of the court.
(sec.13-ssec.5) In this section— relevant court , for a charge against a defendant, means a court before which the defendant is to be brought on the charge.
(a) the charge is of an offence for which a proceeding may be brought under the Act ; and
(b) the defendant is— (i) arrested on the charge, with or without a warrant; or (ii) served with a notice to appear under the Police Powers and Responsibilities Act 2000 for the offence.
(i) arrested on the charge, with or without a warrant; or
(ii) served with a notice to appear under the Police Powers and Responsibilities Act 2000 for the offence.
(i) arrested on the charge, with or without a warrant; or
(ii) served with a notice to appear under the Police Powers and Responsibilities Act 2000 for the offence.
sec.14
What bench charge sheet must state when given to clerk of the court
sec.14 What bench charge sheet must state when given to clerk of the court
A bench charge sheet under section 13 must state—
the name of the defendant and of the complainant, if any; and
the offence with which the defendant is charged and adequate particulars of the charge to inform the defendant of the nature of the charge, including, for example, the following particulars—
particulars of the alleged time and place of committing the offence;
particulars of the person, if any, alleged to be aggrieved;
particulars of the property, if any, in question; and
any circumstances of aggravation on which it is intended to rely.
When stating the offence on the bench charge sheet, it is sufficient to describe the offence in the words of the Criminal Code or the Act defining it, or in similar words.
A description of persons or things that would be sufficient on an indictment is sufficient on a bench charge sheet.
For example, the Criminal Code , sections 565 (General rules applicable to indictments) and 566 (Particular indictments) set out requirements sufficient for particular indictments.
Subsection (1) (b) does not apply if section 42 (2) of the Act applies to the charge.
Section 42 (2) of the Act already requires particulars of certain charges to be entered on a bench charge sheet.
This section and section 15 do not limit the information that may be stated on a bench charge sheet.
s 14 amd 2020 SL No. 238 s 7
(sec.14-ssec.1) A bench charge sheet under section 13 must state— the name of the defendant and of the complainant, if any; and the offence with which the defendant is charged and adequate particulars of the charge to inform the defendant of the nature of the charge, including, for example, the following particulars— particulars of the alleged time and place of committing the offence; particulars of the person, if any, alleged to be aggrieved; particulars of the property, if any, in question; and any circumstances of aggravation on which it is intended to rely.
(sec.14-ssec.2) When stating the offence on the bench charge sheet, it is sufficient to describe the offence in the words of the Criminal Code or the Act defining it, or in similar words.
(sec.14-ssec.3) A description of persons or things that would be sufficient on an indictment is sufficient on a bench charge sheet. For example, the Criminal Code , sections 565 (General rules applicable to indictments) and 566 (Particular indictments) set out requirements sufficient for particular indictments.
(sec.14-ssec.4) Subsection (1) (b) does not apply if section 42 (2) of the Act applies to the charge. Section 42 (2) of the Act already requires particulars of certain charges to be entered on a bench charge sheet.
(sec.14-ssec.5) This section and section 15 do not limit the information that may be stated on a bench charge sheet.
(a) the name of the defendant and of the complainant, if any; and
(b) the offence with which the defendant is charged and adequate particulars of the charge to inform the defendant of the nature of the charge, including, for example, the following particulars— (i) particulars of the alleged time and place of committing the offence; (ii) particulars of the person, if any, alleged to be aggrieved; (iii) particulars of the property, if any, in question; and
(i) particulars of the alleged time and place of committing the offence;
(ii) particulars of the person, if any, alleged to be aggrieved;
(iii) particulars of the property, if any, in question; and
(c) any circumstances of aggravation on which it is intended to rely.
(i) particulars of the alleged time and place of committing the offence;
(ii) particulars of the person, if any, alleged to be aggrieved;
(iii) particulars of the property, if any, in question; and
pt.4-div.2
All bench charge sheets
All bench charge sheets
sec.15
What court must record, or ensure is recorded, on bench charge sheet
sec.15 What court must record, or ensure is recorded, on bench charge sheet
This section applies for a proceeding under the Act before a court in relation to a charge stated on a bench charge sheet.
If the charge is amended, other than under section 42 (1A) of the Act , the court must ensure that particulars of the amendment are recorded on the bench charge sheet.
Section 42 (2) of the Act already requires particulars of certain amended charges to be entered on a bench charge sheet.
If the court accepts the defendant’s plea, or enters a plea for the defendant, to the charge, the court must—
if more than 1 charge is before court and the same plea is accepted or entered for 1 or more of the other charges before the court—
record the plea on the bench charge sheet for 1 of the charges to which the plea is accepted or entered (the lead plea charge sheet ); and
record the court file number stated on the lead plea charge sheet on the bench charge sheet for each other charge to which the plea is accepted or entered; or
otherwise—record the plea on the bench charge sheet for the charge.
The court must ensure—
if the decision on the charge applies to more than 1 charge before the court—
the decision is recorded on the bench charge sheet, or a schedule attached to the bench charge sheet, for 1 of the charges to which the decision applies (the lead decision charge sheet ); and
the court file number stated on the lead decision charge sheet is recorded on the bench charge sheet for each other charge to which the decision applies; or
otherwise—the decision is recorded on the bench charge sheet for the charge.
The court may make, or allow to be made, any entry on the bench charge sheet the court considers appropriate.
In this section—
schedule means a document on which a decision on a charge may be recorded and stating the following information in relation to the charge—
the court file number stated on the bench charge sheet on which the charge is stated;
the charge number;
the offence charged;
the date of the offence charged.
s 15 amd 2018 SL No. 152 s 3
(sec.15-ssec.1) This section applies for a proceeding under the Act before a court in relation to a charge stated on a bench charge sheet.
(sec.15-ssec.2) If the charge is amended, other than under section 42 (1A) of the Act , the court must ensure that particulars of the amendment are recorded on the bench charge sheet. Section 42 (2) of the Act already requires particulars of certain amended charges to be entered on a bench charge sheet.
(sec.15-ssec.3) If the court accepts the defendant’s plea, or enters a plea for the defendant, to the charge, the court must— if more than 1 charge is before court and the same plea is accepted or entered for 1 or more of the other charges before the court— record the plea on the bench charge sheet for 1 of the charges to which the plea is accepted or entered (the lead plea charge sheet ); and record the court file number stated on the lead plea charge sheet on the bench charge sheet for each other charge to which the plea is accepted or entered; or otherwise—record the plea on the bench charge sheet for the charge.
(sec.15-ssec.4) The court must ensure— if the decision on the charge applies to more than 1 charge before the court— the decision is recorded on the bench charge sheet, or a schedule attached to the bench charge sheet, for 1 of the charges to which the decision applies (the lead decision charge sheet ); and the court file number stated on the lead decision charge sheet is recorded on the bench charge sheet for each other charge to which the decision applies; or otherwise—the decision is recorded on the bench charge sheet for the charge.
(sec.15-ssec.5) The court may make, or allow to be made, any entry on the bench charge sheet the court considers appropriate.
(sec.15-ssec.6) In this section— schedule means a document on which a decision on a charge may be recorded and stating the following information in relation to the charge— the court file number stated on the bench charge sheet on which the charge is stated; the charge number; the offence charged; the date of the offence charged.
(a) if more than 1 charge is before court and the same plea is accepted or entered for 1 or more of the other charges before the court— (i) record the plea on the bench charge sheet for 1 of the charges to which the plea is accepted or entered (the lead plea charge sheet ); and (ii) record the court file number stated on the lead plea charge sheet on the bench charge sheet for each other charge to which the plea is accepted or entered; or
(i) record the plea on the bench charge sheet for 1 of the charges to which the plea is accepted or entered (the lead plea charge sheet ); and
(ii) record the court file number stated on the lead plea charge sheet on the bench charge sheet for each other charge to which the plea is accepted or entered; or
(b) otherwise—record the plea on the bench charge sheet for the charge.
(i) record the plea on the bench charge sheet for 1 of the charges to which the plea is accepted or entered (the lead plea charge sheet ); and
(ii) record the court file number stated on the lead plea charge sheet on the bench charge sheet for each other charge to which the plea is accepted or entered; or
(a) if the decision on the charge applies to more than 1 charge before the court— (i) the decision is recorded on the bench charge sheet, or a schedule attached to the bench charge sheet, for 1 of the charges to which the decision applies (the lead decision charge sheet ); and (ii) the court file number stated on the lead decision charge sheet is recorded on the bench charge sheet for each other charge to which the decision applies; or
(i) the decision is recorded on the bench charge sheet, or a schedule attached to the bench charge sheet, for 1 of the charges to which the decision applies (the lead decision charge sheet ); and
(ii) the court file number stated on the lead decision charge sheet is recorded on the bench charge sheet for each other charge to which the decision applies; or
(b) otherwise—the decision is recorded on the bench charge sheet for the charge.
(i) the decision is recorded on the bench charge sheet, or a schedule attached to the bench charge sheet, for 1 of the charges to which the decision applies (the lead decision charge sheet ); and
(ii) the court file number stated on the lead decision charge sheet is recorded on the bench charge sheet for each other charge to which the decision applies; or
(a) the court file number stated on the bench charge sheet on which the charge is stated;
(b) the charge number;
(c) the offence charged;
(d) the date of the offence charged.
pt.4-div.3
Bench cover sheets
Bench cover sheets
sec.16
Bench cover sheet
sec.16 Bench cover sheet
This section applies to—
a proceeding under the Act before a court in relation to a charge for which an Act does not require a bench charge sheet; or
an application made under the Act to a court.
The court before which the application or proceeding is brought must record the following information on a document (a bench cover sheet )—
the names of the parties;
the nature of the complaint or application.
If the charge or application is amended, other than under section 42 (1A) of the Act , the court must ensure that particulars of the amendment are recorded on the bench cover sheet.
If the court accepts the defendant’s plea, or enters a plea for the defendant, to the charge, the court must—
if more than 1 charge is before court and the same plea is accepted or entered for 1 or more of the other charges before the court—
record the plea on the bench cover sheet for 1 of the charges to which the plea is accepted or entered (the lead plea cover sheet ); and
record the court file number stated on the lead plea cover sheet on the bench cover sheet for each other charge to which the plea is accepted or entered; or
otherwise—record the plea on the bench cover sheet for the charge.
The court must ensure—
if the decision on the charge or application applies to more than 1 charge or application before the court—
the decision is recorded on the bench cover sheet, or a schedule attached to the bench cover sheet, for 1 of the charges or applications to which the decision applies (the lead decision cover sheet ); and
the court file number stated on the lead decision cover sheet is recorded on the bench cover sheet for each other charge or application to which the decision applies; or
otherwise—the decision is recorded on the bench cover sheet for the charge or application.
This section does not limit the information that may be stated on a bench cover sheet.
In this section—
schedule means a document on which a decision on a charge or application may be recorded and stating the following information in relation to the charge or application—
the court file number stated on the bench cover sheet for the charge or application;
the charge number or application number;
for a charge—
the offence charged; and
the date of the offence charged.
s 16 amd 2018 SL No. 152 s 4
(sec.16-ssec.1) This section applies to— a proceeding under the Act before a court in relation to a charge for which an Act does not require a bench charge sheet; or an application made under the Act to a court.
(sec.16-ssec.2) The court before which the application or proceeding is brought must record the following information on a document (a bench cover sheet )— the names of the parties; the nature of the complaint or application.
(sec.16-ssec.3) If the charge or application is amended, other than under section 42 (1A) of the Act , the court must ensure that particulars of the amendment are recorded on the bench cover sheet.
(sec.16-ssec.4) If the court accepts the defendant’s plea, or enters a plea for the defendant, to the charge, the court must— if more than 1 charge is before court and the same plea is accepted or entered for 1 or more of the other charges before the court— record the plea on the bench cover sheet for 1 of the charges to which the plea is accepted or entered (the lead plea cover sheet ); and record the court file number stated on the lead plea cover sheet on the bench cover sheet for each other charge to which the plea is accepted or entered; or otherwise—record the plea on the bench cover sheet for the charge.
(sec.16-ssec.5) The court must ensure— if the decision on the charge or application applies to more than 1 charge or application before the court— the decision is recorded on the bench cover sheet, or a schedule attached to the bench cover sheet, for 1 of the charges or applications to which the decision applies (the lead decision cover sheet ); and the court file number stated on the lead decision cover sheet is recorded on the bench cover sheet for each other charge or application to which the decision applies; or otherwise—the decision is recorded on the bench cover sheet for the charge or application.
(sec.16-ssec.6) This section does not limit the information that may be stated on a bench cover sheet.
(sec.16-ssec.7) In this section— schedule means a document on which a decision on a charge or application may be recorded and stating the following information in relation to the charge or application— the court file number stated on the bench cover sheet for the charge or application; the charge number or application number; for a charge— the offence charged; and the date of the offence charged.
(a) a proceeding under the Act before a court in relation to a charge for which an Act does not require a bench charge sheet; or
(b) an application made under the Act to a court.
(a) the names of the parties;
(b) the nature of the complaint or application.
(a) if more than 1 charge is before court and the same plea is accepted or entered for 1 or more of the other charges before the court— (i) record the plea on the bench cover sheet for 1 of the charges to which the plea is accepted or entered (the lead plea cover sheet ); and (ii) record the court file number stated on the lead plea cover sheet on the bench cover sheet for each other charge to which the plea is accepted or entered; or
(i) record the plea on the bench cover sheet for 1 of the charges to which the plea is accepted or entered (the lead plea cover sheet ); and
(ii) record the court file number stated on the lead plea cover sheet on the bench cover sheet for each other charge to which the plea is accepted or entered; or
(b) otherwise—record the plea on the bench cover sheet for the charge.
(i) record the plea on the bench cover sheet for 1 of the charges to which the plea is accepted or entered (the lead plea cover sheet ); and
(ii) record the court file number stated on the lead plea cover sheet on the bench cover sheet for each other charge to which the plea is accepted or entered; or
(a) if the decision on the charge or application applies to more than 1 charge or application before the court— (i) the decision is recorded on the bench cover sheet, or a schedule attached to the bench cover sheet, for 1 of the charges or applications to which the decision applies (the lead decision cover sheet ); and (ii) the court file number stated on the lead decision cover sheet is recorded on the bench cover sheet for each other charge or application to which the decision applies; or
(i) the decision is recorded on the bench cover sheet, or a schedule attached to the bench cover sheet, for 1 of the charges or applications to which the decision applies (the lead decision cover sheet ); and
(ii) the court file number stated on the lead decision cover sheet is recorded on the bench cover sheet for each other charge or application to which the decision applies; or
(b) otherwise—the decision is recorded on the bench cover sheet for the charge or application.
(i) the decision is recorded on the bench cover sheet, or a schedule attached to the bench cover sheet, for 1 of the charges or applications to which the decision applies (the lead decision cover sheet ); and
(ii) the court file number stated on the lead decision cover sheet is recorded on the bench cover sheet for each other charge or application to which the decision applies; or
(a) the court file number stated on the bench cover sheet for the charge or application;
(b) the charge number or application number;
(c) for a charge— (i) the offence charged; and (ii) the date of the offence charged.
(i) the offence charged; and
(ii) the date of the offence charged.
(i) the offence charged; and
(ii) the date of the offence charged.
pt.5
Magistrates Courts districts and places for holding courts
Magistrates Courts districts and places for holding courts
sec.17
Magistrates Courts districts, divisions of Brisbane district, and places for holding courts— Act , s 22B
sec.17 Magistrates Courts districts, divisions of Brisbane district, and places for holding courts— Act , s 22B
Schedule 1 sets out the following matters—
the names of the districts, other than the metropolitan district, appointed for the purposes of Magistrates Courts;
the areas of the districts for which the appointment is made;
for the Brisbane Magistrates Courts District—the names and areas of the divisions of the Brisbane Magistrates Courts District appointed for the purposes of Magistrates Courts;
the places appointed for holding Magistrates Courts in the districts and divisions.
For schedule 1 —
the whole area within the external boundary of a city or shire is taken to be part of the city or shire, even if it is not part of the city or shire; and
an island in Queensland waters that is not within the external boundary of a city or shire is taken to be part of the city or shire nearest the island; and
each point forming part of Queensland waters that is not within the external boundary of a city or shire is taken to be part of the city or shire nearest the point.
Also, for schedule 1 , a reference to a city, shire or town by name is a reference to the city, shire or town of that name declared as a local government area under the repealed Local Government Act 1993 as in force immediately before the changeover day.
The chief executive must keep a copy of each map or area map mentioned in schedule 1 at the department’s head office.
A copy of each map or area map mentioned in schedule 1 can be—
accessed by members of the public, free of charge, on the department’s website; or
purchased from any office of the department in which the Survey and Mapping Infrastructure Act 2003 is administered.
In this section—
changeover day means 15 March 2008.
15 March 2008 is the changeover day declared under the repealed Local Government Act 1993 , section 159YE (2) for all new, adjusted and continuing local government areas listed in schedule 1A of that Act. See the notice published in the gazette on 23 November 2007 at page 1,680.
(sec.17-ssec.1) Schedule 1 sets out the following matters— the names of the districts, other than the metropolitan district, appointed for the purposes of Magistrates Courts; the areas of the districts for which the appointment is made; for the Brisbane Magistrates Courts District—the names and areas of the divisions of the Brisbane Magistrates Courts District appointed for the purposes of Magistrates Courts; the places appointed for holding Magistrates Courts in the districts and divisions.
(sec.17-ssec.2) For schedule 1 — the whole area within the external boundary of a city or shire is taken to be part of the city or shire, even if it is not part of the city or shire; and an island in Queensland waters that is not within the external boundary of a city or shire is taken to be part of the city or shire nearest the island; and each point forming part of Queensland waters that is not within the external boundary of a city or shire is taken to be part of the city or shire nearest the point.
(sec.17-ssec.3) Also, for schedule 1 , a reference to a city, shire or town by name is a reference to the city, shire or town of that name declared as a local government area under the repealed Local Government Act 1993 as in force immediately before the changeover day.
(sec.17-ssec.4) The chief executive must keep a copy of each map or area map mentioned in schedule 1 at the department’s head office.
(sec.17-ssec.5) A copy of each map or area map mentioned in schedule 1 can be— accessed by members of the public, free of charge, on the department’s website; or purchased from any office of the department in which the Survey and Mapping Infrastructure Act 2003 is administered.
(sec.17-ssec.6) In this section— changeover day means 15 March 2008. 15 March 2008 is the changeover day declared under the repealed Local Government Act 1993 , section 159YE (2) for all new, adjusted and continuing local government areas listed in schedule 1A of that Act. See the notice published in the gazette on 23 November 2007 at page 1,680.
(a) the names of the districts, other than the metropolitan district, appointed for the purposes of Magistrates Courts;
(b) the areas of the districts for which the appointment is made;
(c) for the Brisbane Magistrates Courts District—the names and areas of the divisions of the Brisbane Magistrates Courts District appointed for the purposes of Magistrates Courts;
(d) the places appointed for holding Magistrates Courts in the districts and divisions.
(a) the whole area within the external boundary of a city or shire is taken to be part of the city or shire, even if it is not part of the city or shire; and
(b) an island in Queensland waters that is not within the external boundary of a city or shire is taken to be part of the city or shire nearest the island; and
(c) each point forming part of Queensland waters that is not within the external boundary of a city or shire is taken to be part of the city or shire nearest the point.
(a) accessed by members of the public, free of charge, on the department’s website; or
(b) purchased from any office of the department in which the Survey and Mapping Infrastructure Act 2003 is administered.
sec.18
Metropolitan district
sec.18 Metropolitan district
The metropolitan district consists of the following districts—
Beenleigh Magistrates Courts District
Brisbane Magistrates Courts District
Cleveland Magistrates Courts District
Redcliffe Magistrates Courts District.
• Beenleigh Magistrates Courts District
• Brisbane Magistrates Courts District
• Cleveland Magistrates Courts District
• Redcliffe Magistrates Courts District.
pt.6
Costs and fees
Costs and fees
sec.19
Scale of costs for Act , pt 6 , div 8 and pt 9 , div 1 — Act , ss 158B (1) (a) and 232A (1) (a)
sec.19 Scale of costs for Act , pt 6 , div 8 and pt 9 , div 1 — Act , ss 158B (1) (a) and 232A (1) (a)
The scale of costs for part 6 , division 8 and part 9 , division 1 of the Act is in schedule 2 .
sec.20
Fees
sec.20 Fees
The fees payable to the clerk of the court are in schedule 3 .
However, sections 21 , 22 and 22A provide exemptions for particular fees.
s 20 amd 2024 SL No. 175 s 8
(sec.20-ssec.1) The fees payable to the clerk of the court are in schedule 3 .
(sec.20-ssec.2) However, sections 21 , 22 and 22A provide exemptions for particular fees.
sec.20A
Rounding of amounts expressed as numbers of fee units
sec.20A Rounding of amounts expressed as numbers of fee units
This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.
For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded—
if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or
if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).
If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.
s 20A ins 2022 SL No. 79 s 92
(sec.20A-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.
(sec.20A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.
(a) if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or
(b) if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).
sec.21
Fee exemption for State-related complainant
sec.21 Fee exemption for State-related complainant
Despite section 20 (1) , no fee is payable under schedule 3 , items 1 to 4 or 5(a) by a State-related complainant.
If—
a complaint is made by a State-related complainant; and
a court makes an order against the defendant in relation to the complaint;
the court must order the defendant to pay to the clerk of the court the amount of any filing fee stated in schedule 3 , items 1 to 3 that would have been payable in relation to the complaint by the State-related complainant if subsection (1) had not applied.
In this section—
State-related complainant means—
the Sovereign; or
the State or a person acting for the State; or
an entity, or a person acting for an entity, whose expenditure is entirely payable out of the consolidated fund.
s 21 amd 2022 SL No. 79 s 93
(sec.21-ssec.1) Despite section 20 (1) , no fee is payable under schedule 3 , items 1 to 4 or 5(a) by a State-related complainant.
(sec.21-ssec.2) If— a complaint is made by a State-related complainant; and a court makes an order against the defendant in relation to the complaint; the court must order the defendant to pay to the clerk of the court the amount of any filing fee stated in schedule 3 , items 1 to 3 that would have been payable in relation to the complaint by the State-related complainant if subsection (1) had not applied.
(sec.21-ssec.3) In this section— State-related complainant means— the Sovereign; or the State or a person acting for the State; or an entity, or a person acting for an entity, whose expenditure is entirely payable out of the consolidated fund.
(a) a complaint is made by a State-related complainant; and
(b) a court makes an order against the defendant in relation to the complaint;
(a) the Sovereign; or
(b) the State or a person acting for the State; or
(c) an entity, or a person acting for an entity, whose expenditure is entirely payable out of the consolidated fund.
sec.22
Fee exemption for record of particular decisions
sec.22 Fee exemption for record of particular decisions
This section applies in relation to the supply of a record of a decision (including an order or a record of conviction) under section 154 (1A) of the Act to a person about whom the decision was made.
Despite section 20 (1) , no fee is payable under schedule 3 , item 5(a) by the person for the supply of the record.
s 22 amd 2022 SL No. 79 s 94
(sec.22-ssec.1) This section applies in relation to the supply of a record of a decision (including an order or a record of conviction) under section 154 (1A) of the Act to a person about whom the decision was made.
(sec.22-ssec.2) Despite section 20 (1) , no fee is payable under schedule 3 , item 5(a) by the person for the supply of the record.
sec.22A
Fee exemption for Australian courts and tribunals
sec.22A Fee exemption for Australian courts and tribunals
Despite section 20 (1) , no fee is payable under schedule 3 , item 4 or 5 by a relevant court or tribunal, or a registry official of a relevant court or tribunal.
In this section—
registry official , of a relevant court or tribunal, means a registrar, clerk of the court or other officer (however described) of the relevant court or tribunal.
relevant court or tribunal means—
the Federal Circuit and Family Court of Australia ( Division 1 ); or
the Federal Circuit and Family Court of Australia ( Division 2 ); or
the Family Court of Western Australia; or
another court or tribunal of a State.
s 22A ins 2024 SL No. 175 s 9
(sec.22A-ssec.1) Despite section 20 (1) , no fee is payable under schedule 3 , item 4 or 5 by a relevant court or tribunal, or a registry official of a relevant court or tribunal.
(sec.22A-ssec.2) In this section— registry official , of a relevant court or tribunal, means a registrar, clerk of the court or other officer (however described) of the relevant court or tribunal. relevant court or tribunal means— the Federal Circuit and Family Court of Australia ( Division 1 ); or the Federal Circuit and Family Court of Australia ( Division 2 ); or the Family Court of Western Australia; or another court or tribunal of a State.
(a) the Federal Circuit and Family Court of Australia ( Division 1 ); or
(b) the Federal Circuit and Family Court of Australia ( Division 2 ); or
(c) the Family Court of Western Australia; or
(d) another court or tribunal of a State.
pt.7
Repeals
Repeals
sec.23
Repeals
sec.23 Repeals
The Justices Regulation 2004, SL No. 168 is repealed.
pt.8
Transitional provisions
Transitional provisions
pt.8-div.1
Transitional provision for SL No. 191 of 2014
Transitional provision for SL No. 191 of 2014
sec.24
Court to order unsuccessful defendant to pay filing fees if State-related complainant
sec.24 Court to order unsuccessful defendant to pay filing fees if State-related complainant
This section applies if, before the commencement of this section—
a document was filed, without payment of a fee, under section 19A(1) of the repealed regulation; and
no order has been made, under section 19A(2) of the repealed regulation, against the defendant in relation to the filing fee for the document.
Section 19(2) of the repealed regulation continues to apply in relation to the defendant as if it were still in force.
In this section—
repealed regulation means the Justices Regulation 2004 .
(sec.24-ssec.1) This section applies if, before the commencement of this section— a document was filed, without payment of a fee, under section 19A(1) of the repealed regulation; and no order has been made, under section 19A(2) of the repealed regulation, against the defendant in relation to the filing fee for the document.
(sec.24-ssec.2) Section 19(2) of the repealed regulation continues to apply in relation to the defendant as if it were still in force.
(sec.24-ssec.3) In this section— repealed regulation means the Justices Regulation 2004 .
(a) a document was filed, without payment of a fee, under section 19A(1) of the repealed regulation; and
(b) no order has been made, under section 19A(2) of the repealed regulation, against the defendant in relation to the filing fee for the document.
pt.8-div.2
Transitional provisions for Justices (Recording of Pleas and Decisions) Amendment Regulation 2018
Transitional provisions for Justices (Recording of Pleas and Decisions) Amendment Regulation 2018
sec.25
Definitions for division
sec.25 Definitions for division
In this division—
amended , for a provision of this regulation, means as in force from the commencement.
pre-amended , for a provision of this regulation, means as in force from time to time before the commencement.
s 25 ins 2018 SL No. 152 s 7
sec.26
Recording of particular information on bench charge sheets
sec.26 Recording of particular information on bench charge sheets
This section applies if, before the commencement, a plea or decision in relation to a charge was recorded on a bench charge sheet in a way required under amended section 15.
The recording of the plea or decision on the bench charge sheet is taken to be, and to have always been, recorded in compliance with pre-amended section 15.
s 26 ins 2018 SL No. 152 s 7
(sec.26-ssec.1) This section applies if, before the commencement, a plea or decision in relation to a charge was recorded on a bench charge sheet in a way required under amended section 15.
(sec.26-ssec.2) The recording of the plea or decision on the bench charge sheet is taken to be, and to have always been, recorded in compliance with pre-amended section 15.
sec.27
Recording of particular information on bench cover sheets
sec.27 Recording of particular information on bench cover sheets
This section applies if, before the commencement, a plea or decision in relation to a charge or application was recorded on a bench cover sheet in a way required under amended section 16.
The recording of the plea or decision on the bench cover sheet is taken to be, and to have always been, recorded in compliance with pre-amended section 16.
s 27 ins 2018 SL No. 152 s 7
(sec.27-ssec.1) This section applies if, before the commencement, a plea or decision in relation to a charge or application was recorded on a bench cover sheet in a way required under amended section 16.
(sec.27-ssec.2) The recording of the plea or decision on the bench cover sheet is taken to be, and to have always been, recorded in compliance with pre-amended section 16.
sch.2-pt.1
General
General
sch.2-sec.1
Scale sets out amounts up to which costs may be allowed
sch.2-sec.1 Scale sets out amounts up to which costs may be allowed
This scale sets out—
the only items for which costs may be allowed for part 6 , division 8 and part 9 , division 1 of the Act ; and
the amount up to which costs may be allowed for each item.
A higher amount for costs may be allowed under section 158B (2) or 232A (2) of the Act .
(a) the only items for which costs may be allowed for part 6 , division 8 and part 9 , division 1 of the Act ; and
(b) the amount up to which costs may be allowed for each item.
sch.2-sec.2
Item of costs covers all legal professional work
sch.2-sec.2 Item of costs covers all legal professional work
An item in part 2 covers all legal professional work, even if the work is done by more than 1 lawyer.
sch.2-sec.3
Only necessary or proper costs may be allowed
sch.2-sec.3 Only necessary or proper costs may be allowed
A cost is to be allowed only to the extent to which—
incurring the cost was necessary or proper to achieve justice or to defend the rights of the party; or
the cost was not incurred by over-caution, negligence, mistake or merely at the wish of the party.
(a) incurring the cost was necessary or proper to achieve justice or to defend the rights of the party; or
(b) the cost was not incurred by over-caution, negligence, mistake or merely at the wish of the party.
sch.2-sec.4
Appeal to District Court judge—professional costs are 20% higher than for complaint
sch.2-sec.4 Appeal to District Court judge—professional costs are 20% higher than for complaint
For an appeal to a District Court judge under part 9 , division 1 of the Act , the amount up to which costs may be allowed for legal professional work is the amount that may be allowed under part 2 , as if the work were for a complaint, increased by 20%.
sch.2-pt.2
Amounts up to which costs may be allowed for legal professional work
Amounts up to which costs may be allowed for legal professional work
sch.2-pt.3
Disbursements (including disbursements to witnesses and interpreters)
Disbursements (including disbursements to witnesses and interpreters)
sch.2-sec.5
Disbursements, other than to witness for attending
sch.2-sec.5 Disbursements, other than to witness for attending
Court fees and other fees and payments (other than allowances to witnesses to attend proceedings) including allowances to interpreters, and travelling, accommodation and other expenses of a lawyer acting as advocate, may be allowed to the extent they have been reasonably incurred and are paid or payable.
sch.2-sec.6
Disbursements as allowance to witness for attending—defendant’s witnesses
sch.2-sec.6 Disbursements as allowance to witness for attending—defendant’s witnesses
An allowance paid, payable or that will be paid by the defendant to a witness to attend a proceeding may be allowed up to an amount equal to the amount of any comparable prosecution witness allowance that would be payable to the witness if the witness were a prosecution witness attending court to give evidence in a criminal proceeding.
sch 2 s 6 amd 2017 SL No. 52 s 18
sch.2-sec.7
Disbursements as allowance to witnesses for attending—prosecution witnesses
sch.2-sec.7 Disbursements as allowance to witnesses for attending—prosecution witnesses
Costs allowed to the complainant may include an amount up to the amount required to reimburse a payment by the State of a prosecution witness allowance paid or that will be paid to prosecution witnesses attending the proceeding.
sch 2 s 7 amd 2017 SL No. 52 s 19
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Justices Regulation 2014 .
sec.2 Commencement
sec.2 Commencement
This regulation commences on 1 September 2014.
sec.3 Dictionary
sec.3 Dictionary
The dictionary in schedule 4 defines particular words used in this regulation.
pt.2 Warrants
Warrants
pt.2-div.1 Procedure when particular warrants are issued
Procedure when particular warrants are issued
sec.4 Copy of complaint to be filed if warrant of apprehension issued under Act, s 57 or 59
sec.4 Copy of complaint to be filed if warrant of apprehension issued under Act, s 57 or 59
This section applies if a warrant is issued under section 57 or 59 of the Act on a complaint.
If the warrant is issued at a place appointed for holding a Magistrates Court, the complainant must, at the time the warrant is issued, file a copy of the complaint with the clerk of the court at the place.
If the warrant is issued at another place, the complainant must, within 3 days after the warrant’s issue, file a copy of the complaint with the clerk of the court who is nearest to the place where the warrant was issued.
(sec.4-ssec.1) This section applies if a warrant is issued under section 57 or 59 of the Act on a complaint.
(sec.4-ssec.2) If the warrant is issued at a place appointed for holding a Magistrates Court, the complainant must, at the time the warrant is issued, file a copy of the complaint with the clerk of the court at the place.
(sec.4-ssec.3) If the warrant is issued at another place, the complainant must, within 3 days after the warrant’s issue, file a copy of the complaint with the clerk of the court who is nearest to the place where the warrant was issued.
sec.5 Copy of evidence on oath to be filed if warrant for a witness issued under Act, s 81
sec.5 Copy of evidence on oath to be filed if warrant for a witness issued under Act, s 81
This section applies if a person asks a justice to issue a warrant that may be issued under section 81 of the Act .
If the warrant is issued at a place appointed for holding a Magistrates Court, the person must, at the time the warrant is issued—
file a copy of any written evidence on oath relied on to obtain the warrant with the clerk of the court at the place; and
pay the fee for filing the copy.
If the warrant is issued at another place, the person must, within 3 days after the warrant’s issue—
file a copy of any written evidence on oath relied on to obtain the warrant with the clerk of the court who is at or nearest to the returnable place; and
pay the fee for filing the copy.
In this section—
returnable place , for a warrant, means the place where the relevant witness is to be brought under the warrant.
(sec.5-ssec.1) This section applies if a person asks a justice to issue a warrant that may be issued under section 81 of the Act .
(sec.5-ssec.2) If the warrant is issued at a place appointed for holding a Magistrates Court, the person must, at the time the warrant is issued— file a copy of any written evidence on oath relied on to obtain the warrant with the clerk of the court at the place; and pay the fee for filing the copy.
(sec.5-ssec.3) If the warrant is issued at another place, the person must, within 3 days after the warrant’s issue— file a copy of any written evidence on oath relied on to obtain the warrant with the clerk of the court who is at or nearest to the returnable place; and pay the fee for filing the copy.
(sec.5-ssec.4) In this section— returnable place , for a warrant, means the place where the relevant witness is to be brought under the warrant.
Sets out how Magistrates Courts districts and places for holding Magistrates Courts are to be recorded, mapped and published, and requires the chief executive to keep maps and make them public or sell copies (s 17). The regulation also names the districts that constitute the metropolitan district (s 18).
Provides the scale for costs in certain parts of the Act (schedule 2, sch 2-pt.1 to pt.3), specifies allowable disbursements and limits, and sets procedural rules for appeals with an uplift to professional costs for District Court appeals (sch 2-sec.1 to sec.7).
Sets out a schedule of fees (schedule 3) and a set of exemptions from those fees (ss 21, 22, 22A), and prescribes rounding rules when fees are expressed as a number of fee units (s 20A).
Repeals the previous Justices Regulation 2004 and provides transitional arrangements for filings and recording practices created by the Amendment Regulations (ss 23, 24, 25-27).
The text frequently references provisions of the Act, indicating the Regulation's principal function is to operationalise procedural elements delegated to subordinate legislation. The Regulation itself contains precise mandatory actions (expressed as "must") for complainants, persons seeking warrants and summonses, police officers, courts and the chief executive, and it prescribes several documents and external procedures as the authoritative methods for electronic execution and record-keeping (see ss 4-12, 13-16, 6-11, 17).
The Regulation attributes its procedural rationale to the need to implement particular powers and administrative steps in the Act. For example, many sections carry the header ", Act, s ..." (for example s 6 prescribes warrants for Act, s 66; s 7 approves procedures for Act, s 67), which signals that these rules are intended to give effect to statutory delegations. Where the Regulation specifies particular content that must be included on electronic documents, the explicit aim, as stated in the text, is legal sufficiency for the execution of warrants, for clerks and courts to have necessary information, and to enable public access to maps and records (see ss 8, 14, 17). Those purpose-claims are the Regulation's own framing; the text does not include an extensive policy justification beyond implementing the Act and ensuring records contain specified fields.
Testing those operational aims against costs, incentives and implementation constraints, the Regulation centralises procedural burdens on a set of distinct actors: complainants and persons obtaining warrants or summonses must file and pay fees in prescribed timeframes (ss 4, 5, 12, 20); police officers must produce bench charge sheets and certify prescribed electronic documents (ss 9, 11, 13); courts must record pleas, decisions and amendments on bench charge sheets and bench cover sheets (ss 15, 16); the chief executive has administrative duties over maps (s 17). The Regulation relies on external procedural instruments to define how e-warrants operate (s 7), which delegates implementation detail to administrative documents rather than the Regulation itself. Where the Regulation exempts certain payers from fees (ss 21, 22, 22A), it shifts fiscal incidence onto defendants in the event of adverse orders (s 21(2)). The schedule-based approach provides capped legal costs and disbursements with limited pathways for uplift under the Act (sch 2-sec.1), implying a predictable cost regime for litigants but also potential pressure points where parties may seek higher amounts under the Act's reserved discretions.
Overall, the Regulation is mechanical, prescriptive and implementation-focused, setting time limits, prescribed fields, certification responsibilities and filing pathways that allocate administrative effort among complainants, police, clerks, courts and the chief executive, while also prescribing cost and fee frameworks and transitional rules to replace the repealed 2004 regulation (ss 23-27).
Main concepts
The Regulation organises a compact set of recurring administrative concepts and machinery. Key concepts in the text are: filing obligations for warrants and summonses, computer warrants and the approved procedures for electronic execution, bench charge sheets and bench cover sheets and the recording duties of courts, the mapping and districting of Magistrates Courts, scales of costs and disbursements, fees and specified exemptions, and transitional and repeal provisions.
Filing obligations: Sections 4, 5 and 12 require specific actors to file documents with the clerk of the court when certain warrants or summonses are issued. The regulation distinguishes where a warrant or summons is issued at a place appointed for holding a Magistrates Court and where it is issued elsewhere. When issued at a Magistrates Court place the copy must be filed at the time the warrant or summons is issued, otherwise the filer has three days to file with the clerk nearest the location or the returnable place (ss 4(2)-(3), 5(2)-(3), 12(2)-(3)). Section 5 uniquely also requires payment of a filing fee when written evidence on oath is relied on to obtain a witness warrant, and it defines "returnable place" for a warrant (s 5(4)).
Computer warrants: Part 2, division 2 focuses on electronic or computer-executed warrants. Section 6 prescribes which statutory warrants fall within the Act's s 66(4) list, namely warrants under a range of Acts and rules including the Bail Act 1980, Criminal Practice Rules 1999 rule 28, Domestic and Family Violence Protection Act 2012, Penalties and Sentences Act 1992, Police Powers and Responsibilities Act 2000, State Penalties Enforcement Act 1999, and Youth Justice Act 1992. Section 7 approves particular procedure documents for computer-stored information, explicitly naming "Issuing eWarrants in Queensland Courts" (chief executive) and an "Operational Procedures Manual" (commissioner of the police service) and specifying publication on the respective department websites. Section 8 lists mandatory fields a document must include if a computer warrant is executed using a document rather than a written warrant, covering warrant identifiers, issuing entity, Act source, monetary amounts for warrants of commitment or execution, person identifiers and address fields, and offence particulars.
Certification: Sections 9 and 11 prescribe who provides certification for electronic documents or prescribed documents in connection with computer warrants and prescribed warrant reports, respectively. In each case certification must be by the arresting officer.
Bench charge sheets and bench cover sheets: Sections 13-16 set out a two-tier approach. Section 13 requires police officers to give a bench charge sheet to the clerk of the court when a defendant is arrested or served with a notice to appear for certain offences, and permits electronic delivery of the bench charge sheet. Section 14 prescribes the minimum content of a bench charge sheet, including defendant and complainant names, offence description and adequate particulars sufficient to inform the defendant, and examples of required particulars (time, place, aggrieved person, property, aggravation). Section 15 requires courts to record amended charges, recorded pleas and decisions on bench charge sheets with rules for lead plea and lead decision charge sheets when multiple charges are involved. Section 16 deals with bench cover sheets for proceedings or applications where no bench charge sheet is required, prescribing that core information (parties' names, nature of complaint or application) be recorded and that the court record amendments, pleas and decisions similarly.
Magistrates Courts districts and maps: Section 17 delegates to schedule 1 the appointment of districts, divisions and places for holding Magistrates Courts, prescribes how islands and points within Queensland waters are attributed to local government areas for the schedule, and requires the chief executive to keep maps and make them available to the public on a department website or for purchase from offices administering the Survey and Mapping Infrastructure Act 2003. Section 18 lists the four districts comprising the metropolitan district.
Costs and disbursements: Schedule 2 sets out the scale of costs for parts of the Act (pt 6 div 8 and pt 9 div 1 of the Act). It restricts allowable items, caps amounts unless increased under the Act, provides that an item covers all legal professional work even across multiple lawyers, and requires that costs be necessary or proper to achieve justice or defend rights (sch 2-sec.1 to sec.3). It allows a 20 percent uplift for legal professional work on appeal to a District Court judge (sch 2-sec.4). Schedule 2 also addresses disbursements including allowances to witnesses and interpreters (sch 2-sec.5 to sec.7).
Fees and fee rounding: Section 20 directs users to schedule 3 for the schedule of fees payable to clerks of the court. Sections 21, 22 and 22A create targeted fee exemptions for State-related complainants, supply of records of decisions to persons about whom the decision was made, and for certain Australian courts and tribunals and their registry officials. Section 20A prescribes a rounding methodology for fees calculated as numbers of fee units, specifying rounding increments and examples.
Repeal and transition: Section 23 repeals the Justices Regulation 2004. Sections 24 to 27 set out transitional arrangements for documents filed under the prior regulation and for recording practice changes made by the 2018 amendment, preserving the validity of recordings made under the amended provisions as if they had complied with the pre-amendment wording.
These main concepts show the Regulation focuses on granular administrative mechanics: what information must appear on documents, who must sign or certify them, where and when they must be filed, how courts must record proceedings, which external procedural manuals are authoritative for e-warrants, how costs and fees are capped and exempted, and how the administrative geography of Magistrates Courts is to be mapped and disclosed.
Who it affects
The Regulation allocates duties and affects identifiable groups in the criminal and quasi-criminal administrative ecosystem. Primary affected parties are complainants and persons seeking warrants or summonses, police officers and arresting officers, clerks of the court and registry officials, magistrates and courts, defendants, witnesses (including interpreters), and specified courts and tribunals.
Complainants and persons obtaining warrants or summonses: Sections 4, 5 and 12 require complainants or persons who ask a justice to issue certain warrants or summonses to file copies with the clerk of the court at the time of issue if the warrant or summons is issued at a place appointed for holding a Magistrates Court, or within three days if issued elsewhere (ss 4(2)-(3), 5(2)-(3), 12(2)-(3)). Section 5 also requires payment of a filing fee when the person files written evidence on oath relied upon to obtain a witness warrant. Those filing obligations impose an administrative burden and a timing constraint on private litigants and complainants. If the complainant is "State-related" (defined in s 21), they are exempt from certain schedule 3 fees, but the court must order the unsuccessful defendant to reimburse filing fees that would otherwise have been payable by the State-related complainant (s 21).
Police officers and arresting officers: Police officers have specific production duties. Section 13 requires a police officer to give the clerk of the court a separate bench charge sheet for each charge when a defendant is arrested or served with a notice to appear, and permits electronic giving of those sheets. Sections 9 and 11 require certification of electronic execution documents and prescribed documents to be by the arresting officer. Section 10 prescribes the "Warrant Report" made by the police commissioner for executing a warrant and s 11 requires the arresting officer to certify it. Those provisions place responsibility for both producing and certifying key process documents on police officers and arresting officers.
Clerks of the court and registry officials: Clerks receive the filings required of complainants and must accept bench charge sheets and prescribed fees per schedule 3, subject to exemptions. Section 17 requires the chief executive to keep maps and make them accessible on the department’s website and available for purchase from specified offices, which affects registry administrative practice. Section 22A exempts certain courts and their registry officials from paying specified fees (s 22A).
Courts and magistrates: Courts bear recording obligations. Sections 15 and 16 compel courts to ensure that amendments to charges and particulars of pleas and decisions are recorded on bench charge sheets and bench cover sheets, with lead-charge rules when multiple charges are affected (ss 15, 16). The court also has discretion to make or allow any entry considered appropriate on bench charge sheets (s 15). These obligations affect courtroom practice, cause management and record-keeping.
Defendants: Defendants are affected in multiple ways. Bench charge sheet content and timing affect the notice given to defendants of charges and particulars (s 14). If a State-related complainant filed without payment, the court, upon making an order against the defendant, must order the defendant to pay any filing fee that would otherwise have been payable by the State-related complainant (s 21(2)). Defendants may indirectly face consequences from accurate, standardised e-warrant and charge-sheet processes that may speed administrative processing.
Witnesses and interpreters: Schedule 2 prescribes allowable disbursements for interpreters, travel, accommodation and other expenses of an advocate, as reasonably incurred and paid or payable (sch 2-sec.5). Schedule 2 also caps allowances paid by a defendant to a witness to attend a proceeding by reference to comparable prosecution witness allowances (sch 2-sec.6), and allows complainants to include amounts to reimburse the State for prosecution witness allowances paid to witnesses (sch 2-sec.7).
Other courts and tribunals: Section 22A expressly affects specified federal and State courts and tribunals, and their registry officials, by exempting them from paying certain fees under schedule 3. The defined "relevant court or tribunal" list includes both divisions of the Federal Circuit and Family Court of Australia, the Family Court of Western Australia, and other State courts or tribunals.
Administrative services and the public: Section 17 requires the chief executive to keep and publish maps identifying Magistrates Courts districts and places for holding courts, with public access free on the department’s website or available for purchase from specific offices. This affects public access to court-location data and the administrative obligations of the department.
Legal practitioners and parties on appeal: Schedule 2 affects attorneys and litigants by prescribing the scale of costs and by providing an uplift for appeals to a District Court judge (an increase of 20 percent for legal professional work, sch 2-sec.4). The caps and tests for "necessary or proper" costs (sch 2-sec.3) constrain recoverable costs and shape litigation economics.
Transitionally affected persons: Sections 24 to 27 apply to documents and recording practices created under earlier regulations or earlier versions of these provisions, affecting litigants, courts and registries during the transitional period and preserving the legal effect of certain prior actions.
In sum, the Regulation primarily affects actors responsible for initiating or processing criminal and quasi-criminal business before Magistrates Courts and appeal forums, concentrating administrative duties on complainants, police and court registry staff, while also affecting costs and fee payers through scheduled fees, exemptions and capped costs in schedule 2.
Key duties and rights
The Regulation imposes mandatory duties and creates procedural rights through recorded obligations. The operative language is largely mandatory ("must"), allocating specific actions to named actors.
Filing duties and timelines:
Complainants must file a copy of the complaint with the clerk of the court when a warrant of apprehension is issued under the Act, s 57 or 59, if the warrant is issued at a place appointed for holding a Magistrates Court; otherwise the complainant has three days to file with the nearest clerk (s 4). This creates a short, non-extendable administrative window defined by location.
Persons asking a justice to issue a witness warrant under the Act, s 81, must file any written evidence on oath relied on to obtain the warrant with the clerk when the warrant is issued at a Magistrates Court place, and pay the fee for filing the copy; otherwise they have three days to file with the clerk at or nearest to the returnable place and to pay the fee (s 5). Section 5 also defines "returnable place" for clarity.
Summonses:
Where a person asks for a summons under the Act, s 78 or 83, they must file a copy of the summons with a clerk and pay the filing fee under the same time-location rules as warrants (s 12), and "returnable place" is defined for summonses as the place where the relevant witness is required to appear or produce documents.
Computer warrant procedural duties:
The regulation prescribes which forms of warrant are treated as "prescribed warrants" for the purposes of Act, s 66 (s 6). Where computer warrants are used, the Regulation approves specific procedures in named documents ("Issuing eWarrants in Queensland Courts" and the "Operational Procedures Manual") made by the chief executive and the commissioner of the police service respectively, and requires these be published on departmental websites (s 7).
If a computer warrant is executed using a document other than a written version of the warrant, that document must include a set list of information such as type, reference number, date, issuing entity and location, Act source, amounts for warrant of commitment or execution, person identifiers, addresses, a description of the offence, place, date and contravened provision (s 8).
Certification of computer warrant documents and prescribed warrant reports must be by the arresting officer (ss 9, 11). The Regulation thereby places liability for certification with the arresting officer.
Police production duties and charge-sheet content:
Police must give a separate bench charge sheet for each charge to the clerk of the court where the charge is of an offence for which a proceeding may be brought under the Act and the defendant has been arrested or served with a notice to appear (s 13). The charge sheet may be given electronically (s 13(4)).
Bench charge sheets must state the name of the defendant and of the complainant if any, the offence and adequate particulars informing the defendant of the nature of the charge, including time, place, aggrieved person, property and aggravating circumstances, with sufficient description even by reciting the statutory words (s 14). The section expressly notes that s 42(2) of the Act may already require particulars of certain charges, and that the section does not limit additional information that may be stated (s 14(4)-(5)).
Court recording obligations:
Courts are required to ensure particulars of amended charges are recorded on the bench charge sheet if a charge is amended other than under s 42(1A) of the Act (s 15(2)). Courts must record pleas and decisions on bench charge sheets with lead-charge and lead-decision rules when multiple charges are before the court (s 15(3)-(5)). The court has discretion to make or allow entries it considers appropriate on bench charge sheets (s 15(5)).
For proceedings or applications where no bench charge sheet is required, courts must record names of parties and the nature of the complaint or application on a bench cover sheet and follow similar recording of amendments, pleas and decisions with lead-cover rules mirroring bench charge sheet requirements (s 16).
Rights relating to fees and exemptions:
The Regulation sets out fee payables in schedule 3 (s 20), but s 21 exempts State-related complainants from paying listed filing fees and requires a court that makes an order against a defendant in such a complaint to order the defendant to pay to the clerk the amount of filing fees that would have been payable by the State-related complainant had the exemption not applied (s 21(1)-(2)). Section 22 exempts a person about whom a decision was made from paying the fee for supply of a record of the decision under Act, s 154(1A) (s 22). Section 22A exempts relevant Australian courts and tribunals and their registry officials from certain fees (s 22A).
Section 20A prescribes rounding rules for fees expressed as numbers of fee units, with explicit rounding to 5 cents under $100 and to 10 cents for amounts over $100 but no more than $1,000; the section gives an example illustrating rounding one-half upwards (s 20A).
Costs, disbursements and appeals:
Schedule 2 caps allowable costs for particular divisions of the Act, treats each item as covering all professional work even for multiple lawyers (sch 2-sec.2), limits recoverable costs to those necessary or proper to achieve justice or defend rights (sch 2-sec.3), and permits a 20 percent uplift for professional costs where an appeal goes to a District Court judge under pt 9 div 1 of the Act (sch 2-sec.4). Disbursements including interpreter fees, travel and other expenses may be allowed if reasonably incurred and paid or payable (sch 2-sec.5). Witness attendance allowances are specifically regulated by reference to comparable prosecution witness allowances (sch 2-sec.6-7).
Administrative obligations:
The chief executive must keep maps or area maps mentioned in schedule 1 at the department's head office and make them publicly accessible, free of charge on the department website or available for purchase from specified offices (s 17(4)-(5)). These are administrative duties that create public access rights.
Transitional and repeal duties:
The Regulation repeals the 2004 instrument (s 23) and contains transitional provisions that continue the application of certain prior rules for documents filed under the repealed regulation and preserve recordings made under amended sections as compliant with the pre-amended text where specific pre-commencement actions occurred (ss 24-27).
Notably, the Regulation itself contains no separate enforcement penalty provisions; the duties are framed as mandatory obligations that will be enforced through the machinery of the Act and ordinary judicial and administrative processes. The Regulation assigns certification duties to arresting officers, filing and fee obligations to complainants and officers, and record-keeping duties to courts and clerks, while creating entitlement exemptions for certain classes of complainants and courts.
Penalties and enforcement
The Regulation sets mandatory procedural obligations but does not itself create explicit penalty provisions or enforcement mechanisms within its own text. The operative prescription throughout uses mandatory wording such as "must" to allocate duties, for example the duty to file copies of complaints or evidence (ss 4, 5), to supply bench charge sheets (s 13), to ensure recording of pleas and decisions (ss 15, 16), and to certify prescribed electronic documents (ss 9, 11). However, no standalone offence, fine, or express enforcement regime is created in the text of the Regulation supplied here.
The enforcement implication is that compliance or non-compliance will be relevant to the operation of the Act under which the Regulation is made. Multiple sections are linked to specific provisions of the Act (see header notes appended to many sections, for example s 6 references Act, s 66; s 7 references Act, s 67; s 8 references Act, s 69B (2); s 10 references Act, s 69E). Those cross-references indicate that enforcement, consequences and remedies for non-compliance must be sought in the parent Act or by judicial processes under the Act rather than as a separate penal scheme in the Regulation.
Enforcement vectors that arise from the texts, by implication and delegated authority, include:
Judicial process consequences: A court may decline to act on deficient filings or defective bench charge sheets where legal sufficiency is required by statute or rules of evidence and procedure, and courts are given powers to make entries or ensure recordings (ss 14-16). The Regulation requires courts to ensure particulars and recordings; a failure to record may create procedural irregularity that parties could challenge by judicial review or in the course of the proceeding, but the Regulation does not specify sanctions.
Certification and evidentiary issues: Certification by the arresting officer for computer warrants and prescribed documents (ss 9, 11) creates a chain-of-custody and evidentiary role. If certification is improper or false, evidentiary admissibility or professional discipline may follow under other statutory or common law frameworks, but the Regulation itself does not state disciplinary or penal consequences.
Fee recovery: The Regulation explicitly gives the court power to order a defendant to pay filing fees that would otherwise have been payable by a State-related complainant (s 21(2)). That provision creates an immediate financial enforcement mechanism, by order of the court, shifting the fee burden post hoc to the defendant when a court makes an order against the defendant in relation to the complaint. Sections 22 and 22A create exemptions, so enforcement in those cases will not proceed.
Cost allowances: Schedule 2 prescribes scales and conditions for allowable costs and disbursements. Costs disallowed under the schedule or exceeding allowable amounts may be refused by the court, or a higher amount may be allowed only under the Act where a specific discretionary uplift is available (sch 2-sec.1). The schedule thus creates a budgetary enforcement mechanism managed by the court in taxation of costs.
Administrative compliance: Section 17 mandates that the chief executive keep and publish maps; failure to make maps available may implicate administrative obligations under the department’s governance frameworks, but the Regulation does not set specific penalties.
Because the Regulation implements and fleshes out statutory procedures, enforcing its duties will generally be a matter for the courts, registries and administrative processes established under the parent Act, and for the professional disciplinary and criminal laws that apply to officers who may falsely certify or otherwise fail to comply with certification requirements. The absence of explicit penalties in the Regulation means practitioners must look to the Act and other statute for express sanctions or rely on procedural remedies available in litigation.
Practically, the Regulation creates immediate compliance costs and potential procedural consequences: failure to file within the three-day windows in ss 4, 5, 12, or to supply a bench charge sheet under s 13, will create record gaps that may affect the progress of proceedings and may be subject to judicial management, but the specific remedy or sanction will be determined under relevant statutes, court rules and judicial discretion rather than by a penalty clause in the Regulation text itself.
How it interacts with other laws
The Regulation is explicitly framed as subordinate, implementing legislation that operates in tandem with numerous statutory instruments. The text provides numerous cross-references, prescribing operational details for powers and procedures conferred by the Act and other statutes. The main interactions are as follows.
Relationship with the Act: Nearly every substantive provision is expressed to implement or respond to a corresponding section of the Act. For example:
Sections 4 and 5 implement the Act’s provisions for warrants (ss 57, 59 and s 81 respectively).
Sections 6 to 11 implement the Act’s provisions on computer warrants, including s 66, s 67 and s 69B and s 69E.
Sections 13 to 16 relate to the Act’s procedural requirements for bench charge sheets, pleas and decisions.
Schedule 2 sets out the scale of costs for specific parts and divisions of the Act (pt 6 div 8 and pt 9 div 1), reflecting the Act’s delegation of cost-allowance powers (see sch 2-sec.1 referring to section 158B and section 232A of the Act in the section heading).
The Regulation therefore operationalises the Act’s delegated rule-making power by specifying forms, timings, content and certification requirements that the Act itself does not itself set out in granular detail.
Interaction with other statutes and instruments: Section 6 prescribes the list of warrants that may be treated as "prescribed warrants" for the purposes of the Act’s computer-warrant regime, directly importing warrants issued under other statutes and rules into the electronic warrant framework. Those documents include:
Bail Act 1980
Criminal Practice Rules 1999, rule 28
Domestic and Family Violence Protection Act 2012
Penalties and Sentences Act 1992 (warrant of commitment)
Police Powers and Responsibilities Act 2000 (arrest warrants)
State Penalties Enforcement Act 1999
Youth Justice Act 1992
Section 6 therefore aligns the Act’s electronic warrant powers with the warrant regimes established by other legislation, consolidating disparate warrant types into a single computer-execution framework.
Approved procedures and administrative instruments: Section 7 approves two external documents as the procedures for computer-stored information: "Issuing eWarrants in Queensland Courts" made by the chief executive, and the "Operational Procedures Manual" made by the police commissioner. Both must be published on the relevant department websites. This design integrates administrative procedural manuals into statutory compliance: the documents themselves are not reproduced in the Regulation, but once made and published, they become the approved methods for executing computer warrants as contemplated by the Act, s 67(1)(b). This creates an interaction between the Regulation and departmental administrative instruments that are dynamic and externally maintained.
Acts Interpretation Act: Section 20A refers directly to the Acts Interpretation Act 1954, section 48C(3), for the purpose of rounding amounts expressed as numbers of fee units. The Regulation prescribes specific rounding rules that operate within the legislative interpretation framework supplied by the Acts Interpretation Act.
Local government and mapping law: Section 17 makes reference to the repealed Local Government Act 1993 and the changeover day of 15 March 2008 in the context of how cities, shires and towns are referenced in schedule 1. It also prescribes that copies of maps and area maps may be purchased from any office of the department in which the Survey and Mapping Infrastructure Act 2003 is administered. Hence the Regulation interfaces with land and mapping administrative regimes.
Cost and fee interactions with federal/state courts: Section 22A exempts certain federal courts and tribunals and State courts from paying specified fees under schedule 3. That creates reciprocal administrative interaction and facilitates inter-jurisdictional movement of documents and records among courts.
Criminal Code: Section 14 explicitly cites sections 565 and 566 of the Criminal Code when describing appropriate particulars for bench charge sheets. The Regulation therefore imports the indictment particularity standards from the Criminal Code into bench charge sheet practice, directing courts and police to apply equivalent specificity.
Transitional interactions: Sections 24-27 provide transitional continuity between the prior Justices Regulation 2004 and this Regulation, ensuring that individuals and courts who complied under the prior framework are not disadvantaged by the repeal. Section 24 continues the operation of a predecessor subsection in relation to filing fee orders against defendants where a document was previously filed without payment under the repealed regulation.
In short, the Regulation functions as a nexus connecting the Act’s delegated powers to many other legislative instruments and administrative manuals, aligning warrant types across acts, embedding administrative manuals as approved procedures, tying fee calculation to the Acts Interpretation Act, importing indictment particular rules from the Criminal Code, and preserving transitional continuity with prior subordinate legislation.
Amendment history
The Regulation includes recorded amendment notes within the text that indicate incremental changes since its commencement on 1 September 2014 (s 2). The text supplied contains in-line amendment annotations. The amendments and insertions made at specified times are as follows, with the section references where the amendment notations appear:
2017 amendments to schedule 2: sch 2 s 6 and sch 2 s 7 were amended by 2017 SL No. 52, ss 18-19. Those sections concern disbursements for defendant and prosecution witness allowances (sch 2-sec.6 and sch 2-sec.7).
2018 amendments relating to recording of pleas and decisions on bench charge and cover sheets: Sections 15 and 16 were amended in 2018 (noted as s 15 amd 2018 SL No. 152 s 3 and s 16 amd 2018 SL No. 152 s 4). The Regulation contains a transitional division inserted in 2018 (pt 8 div 2) with definitions (s 25) and transitional validation provisions for recordings made before commencement (ss 26 and 27). Those transitional provisions were inserted by 2018 SL No. 152 s 7.
2020 amendments related to computer warrants: Sections 6 and 7 were amended or substituted in 2020 (s 6 amd 2020 SL No. 238 s 4; s 7 sub 2020 SL No. 238 s 5). Section 10 was substituted in 2020 (s 10 sub 2020 SL No. 238 s 6). These amendments adjusted the list of prescribed warrant types and the approved procedures for computer warrants, and prescribed the "Warrant Report" document.
2022 amendments: Section 20A (rounding of fee units) was inserted in 2022 (s 20A ins 2022 SL No. 79 s 92). Section 21 (fee exemption for State-related complainant) and section 22 (fee exemption for record of particular decisions) were amended in 2022 (s 21 amd 2022 SL No. 79 s 93; s 22 amd 2022 SL No. 79 s 94).
2024 amendments: Sections 20 and 22A were amended/inserted in 2024 (s 20 amd 2024 SL No. 175 s 8; s 22A ins 2024 SL No. 175 s 9). The amendments affect the schedule of fees and the fee exemption for Australian courts and tribunals.
The Regulation repealed the Justices Regulation 2004 (s 23), and transitional provision s 24 preserves the operation of prior provisions for documents filed without payment under the repealed regulation in cases where no order had been made against the defendant before commencement.
The amendment history shows periodic adjustments in three main areas:
Computer warrant procedures and document prescriptions (2020 changes, ss 6-11 and s 10).
Recording and administrative practice around bench charge sheets and bench cover sheets (2018 amendments and transitional entries, ss 15-16 and pt 8 div 2).
Fee structures and rounding, and fee exemptions broadened to state-related complainants and certain courts and tribunals (2022 and 2024 changes, ss 20, 20A, 21, 22, 22A).
The schedule-based cost and disbursement rules saw amendments in 2017 to align witness allowance rules with updated practice (sch 2-sec.6-7). The presence of in-text amendment annotations indicates the Regulation has been maintained to reflect evolving procedural needs, particularly in electronic warranting and organisational fee policy.
Litigation history
The regulation text supplied contains no litigation history. There are no cases, judicial determinations, appeals, or references to litigation outcomes referred to in the Regulation itself. The Regulation cross-references the Act and other statutes, but it does not cite any case law, nor does it include any annexed judicial interpretations.
Because the text is silent on litigation, practitioners must consult case law and judicial guidance external to this Regulation to learn how courts have treated compliance, certification, timeliness of filings, electronic document admissibility, and the sufficiency of bench charge sheets in contested proceedings. The absence of litigation history in the text supplied means the Regulation’s practical contours and any contested interpretations will need to be inferred from future or external authorities, not from this instrument.
The Regulation does, however, incorporate legal standards from other laws that possess litigation histories (for example, it expressly references Criminal Code sections 565 and 566 for indictment particulars at s 14), which means that litigators can bring established principles on indictment particularity to bear in analysing the sufficiency of bench charge sheets under s 14. Any litigation about electronic warrants, certification and admissibility will hinge on the approved procedures and the Act’s own provisions referenced in sections 6-11.
In practice, parties confronting questions about the Regulation’s operation should look to:
Judicial interpretation of the parent Act’s provisions that the Regulation implements.
Case law on the sufficiency of particulars in indictments and charges, as the Regulation draws on Criminal Code standards for particulars.
Decisions addressing admissibility and certification of electronic or substituted documentary forms for warrants and bench charge sheets, which will likely develop in court as the use of "Issuing eWarrants in Queensland Courts" and the police "Operational Procedures Manual" become litigated.
Because the Regulation itself does not record litigation, careful attention is required to external legal sources for any contested issues relating to the Regulation’s obligations, particularly where the Act’s enforcement mechanisms or evidentiary standards intersect with the Regulation’s procedural prescriptions.
Gotchas
The Regulation contains a number of precise procedural constraints and delegation mechanisms that create potential pitfalls in practice. These "gotchas" are matters where an otherwise routine act can generate procedural risk if not handled carefully.
Short filing windows tied to location: Sections 4, 5 and 12 require filing "at the time" a warrant or summons is issued if issued at a place appointed for holding a Magistrates Court, otherwise the filer has three days to file with the nearest clerk or the clerk nearest the returnable place. The three-day window is short, and it is geographically defined (nearest clerk or nearest to the returnable place). Practitioners must track where the warrant or summons was issued and determine the correct clerk to receive the filing (ss 4(2)-(3), 5(2)-(3), 12(2)-(3)). Failure to file within these windows may create evidentiary and procedural gaps.
Fees and the State-related complainant exception: Section 21 exempts State-related complainants from paying certain filing fees, but it includes a mechanism that, if the court makes an order against the defendant, the court must order the defendant to pay the amount of any filing fee that would have been payable by the State-related complainant. That means a State-related complainant pays nothing upfront, but the defendant can be made to reimburse the clerk the amount of the fee upon an adverse order (s 21(1)-(2)). This shifts the fiscal incidence and creates a potential surprise for defendants who may not have expected to be liable for what might otherwise be viewed as State-initiated filing activity.
Reliance on external procedural documents: Section 7 approves named documents produced by the chief executive and the police commissioner as the authoritative procedures for computer-stored information. Those documents are not reproduced in the Regulation and are dynamic, being published and maintained externally. Practitioners must consult the current versions of "Issuing eWarrants in Queensland Courts" and the "Operational Procedures Manual" to understand operational requirements. Failure to consult or comply with these external instruments can produce process gaps, because the Regulation ties legality of certain computer-warrant actions to compliance with those documents (s 7).
Mandatory fields for electronic documents: Section 8 prescribes an extensive and specific list of fields that must be included in a substituted document used to execute a computer warrant. Missing or incorrect fields (for example, failing to include the issuing entity’s name and location, or an up-to-date address for the person to whom the warrant relates) may vitiate the lawful execution in practice, or at least lead to evidentiary challenges (s 8). The list includes monetary amounts for warrants of commitment and warrants of execution, so clerks and officers must ensure such financial data is accurate.
Certification requirements concentrated on arresting officers: Sections 9 and 11 require certification by the arresting officer for computer warrant documents and prescribed documents such as the "Warrant Report". This concentrates certification responsibility on a single actor whose absence, unavailability or failure to properly certify could delay processing or undermine admissibility (ss 9, 11).
Bench charge sheet particulars and Criminal Code linkage: Section 14 requires adequate particulars to inform a defendant of the nature of the charge and states that a description in the words of the Criminal Code or the Act is sufficient. The section specifically refers to Criminal Code sections 565 and 566 for example. The interplay between bench-level particulars and indictment-level particularity can create strategic choices about how much detail to include; insufficient particulars risk procedural challenge, whereas overly detailed particulars may inadvertently broaden the prosecution’s pleading (s 14).
Electronic delivery and recordkeeping: Section 13 allows bench charge sheets to be given electronically. Electronic delivery speeds filings but requires secure processes and reliance on the approved electronic procedures. The Regulation’s endorsement of electronic giving places obligations on police and clerks to ensure electricity, software and certification processes are in order (s 13(4)). The reliance on electronic systems is paired with administrative manuals under s 7, which must be reviewed and followed.
Rounding rules can alter fee amounts subtly: Section 20A prescribes rounding to the nearest multiple of 5 cents for amounts not more than $100, and to nearest multiple of 10 cents for amounts over $100 but not more than $1,000, rounding one-half upwards. When fees are calculated by multiplying fee units by a fee-unit value, the rounding rule can produce small additional cents that accumulate, as the example in s 20A demonstrates.
Scope of Schedule 2 caps and potential for uplift: Schedule 2 sets caps for allowable costs but allows a higher amount to be allowed under specific Act provisions (sch 2-sec.1). Practitioners seeking higher costs must rely on the Act’s reserved discretionary pathways rather than the Regulation. Also, sch 2-sec.2 clarifies that an item covers all legal professional work even when multiple lawyers are involved, which limits cost recovery strategies based on multiple counsel.
Transitional quirks: Transitional section 24 continues the operation of a repealed provision where a document previously was filed without payment and the court had not yet ordered the defendant to pay. Practitioners must check whether past filings fall into transitional coverage to avoid misunderstanding current fee liabilities (s 24).
No standalone enforcement clauses: The Regulation does not specify penalties for non-compliance. This can make the enforcement landscape uncertain, as consequences depend on the Act, court rules and judicial response rather than explicit statutory fines or criminal penalties in the Regulation.
Taken together, these points indicate the practical compliance landscape is rigorous but subject to administrative complexity. Practitioners should pay close attention to timing, place of filing, contents of substituted electronic documents, external procedural manuals, arresting officer certification, fee rounding rules and transitional provisions.
How to comply
Compliance under the Regulation is procedural and document-focused. The following practical checklist and explanation sets out steps and controls for the various actors affected by the Regulation, with section pointers.
For complainants and persons obtaining warrants or summonses:
When obtaining a warrant of apprehension under Act, s 57 or s 59 on a complaint, file a copy of the complaint with the clerk of the court at the place if the warrant is issued at a Magistrates Court place, otherwise file within three days with the clerk who is nearest to the place where the warrant was issued (s 4). Keep proof of filing date and the identity of the clerk to show compliance with the three-day rule when filing outside a Magistrates Court place.
When asking a justice to issue a witness warrant under Act, s 81 and relying on written evidence on oath, file a copy of that written evidence with the clerk at the time the warrant is issued if issued at a Magistrates Court place; otherwise file within three days with the clerk at or nearest to the returnable place, and pay the fee for filing (s 5). Ensure the written evidence is signed and dated, and retain receipts for payment of fees.
When seeking a summons under Act, s 78 or s 83, file a copy of the summons with the clerk at the time of issue if issued at a Magistrates Court place, otherwise file within three days with the clerk at or nearest to the returnable place, and pay the fee (s 12). Document the returnable place and maintain contemporaneous records.
For police officers and arresting officers:
Prepare and deliver a separate bench charge sheet for each charge under s 13 when a defendant is arrested or served with a notice to appear, and ensure you can deliver electronically where appropriate (s 13(3)-(4)). Maintain electronic logs and delivery confirmations.
Ensure bench charge sheets contain the mandatory particulars required under s 14: names of defendant and complainant, the offence in statutory words if necessary, particulars sufficient to inform the defendant (time, place, aggrieved person, property, aggravating circumstances), and any other material particulars. Cross-check against Criminal Code sections 565 and 566 for sufficiency where applicable (s 14).
Where executing a computer warrant using a document instead of a written warrant, ensure the substitute document includes all fields listed in s 8. Implement a checklist to confirm the presence of type, reference number, date, issuing entity name and location, Act under which the warrant was issued, amounts and default imprisonment periods when applicable, name and addresses, and offence particulars (s 8).
Certify computer-warrant documents and prescribed documents such as the "Warrant Report" in accordance with ss 9 and 11, keeping signed certification records and maintaining custody chain documentation.
Liaise with the police commissioner’s "Operational Procedures Manual" for computer warrant processes, and ensure local practice aligns with the approved procedures approved in s 7. Maintain version control and evidence of consultation with the manual.
For courts and clerks of the court:
Accept bench charge sheets provided by police, whether delivered physically or electronically (s 13(4)). Record receipt dates and maintain files aligned to the bench charge sheet numbering.
Ensure bench charge sheets and bench cover sheets are properly completed. Where charges are amended or pleas and decisions are recorded, ensure particulars are entered on the appropriate lead plea or lead decision charge sheet or on each affected charge sheet as required by s 15, and on bench cover sheets under s 16 where no bench charge sheet is required. Create internal protocols to manage "lead" charge sheet selection and to record the court file numbers across related charges (ss 15(3)-(5), 16(3)-(6)).
Implement document retention and redaction processes to comply with s 17’s public mapping obligations; keep a copy of each map or area map at the department head office and upload maps to the department website for public access or make them available for purchase at specified offices (s 17(4)-(5)). Ensure maps use the schedule 1 definitions for local government areas and the changeover day conventions when attributing islands and points in Queensland waters (s 17(2)-(3)).
For practitioners and litigants handling costs and fees:
Use schedule 2 as the primary reference for allowable costs in the relevant parts and divisions of the Act. Apply the necessity or propriety test in sch 2-sec.3 when drafting cost claims, and remember that items cover all legal professional work even where multiple lawyers are involved (sch 2-sec.2-3).
For appeals to a District Court judge under part 9 division 1 of the Act, calculate legal professional work costs by applying the schedule figure for a complaint and increasing by 20 percent as required by sch 2-sec.4.
For disbursements, rely on sch 2-sec.5 for general disbursements, including interpreter costs, travel and accommodation. For witness attendance allowances, ensure defendant-paid witness allowances do not exceed comparable prosecution witness allowances (sch 2-sec.6). For prosecution witness reimbursements, include amounts to reimburse the State for prosecution witness allowances paid or payable under sch 2-sec.7.
Check schedule 3 for fees payable to clerks of the court and apply s 20A rounding rules when fees are calculated as fee unit multiples; implement a rounding routine consistent with s 20A to avoid undercharging or overcharging (s 20, s 20A).
For State-related complainants and courts:
Recognise the fee exemption for State-related complainants under s 21. When filing as a State-related complainant, do not pay schedule 3 items 1 to 4 or 5(a) at filing, but be aware the court must order the defendant to pay those filing fees if the court makes an order adverse to the
(a) file a copy of any written evidence on oath relied on to obtain the warrant with the clerk of the court at the place; and
(b) pay the fee for filing the copy.
(a) file a copy of any written evidence on oath relied on to obtain the warrant with the clerk of the court who is at or nearest to the returnable place; and
(b) pay the fee for filing the copy.
pt.2-div.2 Computer warrants
Computer warrants
sec.6 Prescribed warrants— Act , s 66
sec.6 Prescribed warrants— Act , s 66
For section 66 (4) of the Act , the following types of warrant are prescribed—
a warrant issued under the Act ;
a warrant issued under the Bail Act 1980 ;
a warrant issued under the Criminal Practice Rules 1999 , rule 28 ;
a warrant issued under the Domestic and Family Violence Protection Act 2012 ;
a warrant of commitment issued under the Penalties and Sentences Act 1992 ;
an arrest warrant issued under the Police Powers and Responsibilities Act 2000 ;
a warrant issued under the State Penalties Enforcement Act 1999 ;
a warrant issued under the Youth Justice Act 1992 .
s 6 amd 2020 SL No. 238 s 4
(a) a warrant issued under the Act ;
(b) a warrant issued under the Bail Act 1980 ;
(c) a warrant issued under the Criminal Practice Rules 1999 , rule 28 ;
(d) a warrant issued under the Domestic and Family Violence Protection Act 2012 ;
(e) a warrant of commitment issued under the Penalties and Sentences Act 1992 ;
(f) an arrest warrant issued under the Police Powers and Responsibilities Act 2000 ;
(g) a warrant issued under the State Penalties Enforcement Act 1999 ;
(h) a warrant issued under the Youth Justice Act 1992 .
sec.7 Approved procedures for computer stored information— Act , s 67
sec.7 Approved procedures for computer stored information— Act , s 67
For section 67 (1) (b) of the Act , the following procedures for computer stored information are approved—
the procedures, made by the chief executive, stated in the document—
called ‘Issuing eWarrants in Queensland Courts’; and
published on the department’s website;
the procedures about computer warrants, made by the commissioner of the police service, stated in the document—
called ‘Operational Procedures Manual’; and
published by the department administering the Police Powers and Responsibilities Act 2000 on its website.
s 7 sub 2020 SL No. 238 s 5
(a) the procedures, made by the chief executive, stated in the document— (i) called ‘Issuing eWarrants in Queensland Courts’; and (ii) published on the department’s website;
(i) called ‘Issuing eWarrants in Queensland Courts’; and
(ii) published on the department’s website;
(b) the procedures about computer warrants, made by the commissioner of the police service, stated in the document— (i) called ‘Operational Procedures Manual’; and (ii) published by the department administering the Police Powers and Responsibilities Act 2000 on its website.
(i) called ‘Operational Procedures Manual’; and
(ii) published by the department administering the Police Powers and Responsibilities Act 2000 on its website.
(i) called ‘Issuing eWarrants in Queensland Courts’; and
(ii) published on the department’s website;
(i) called ‘Operational Procedures Manual’; and
(ii) published by the department administering the Police Powers and Responsibilities Act 2000 on its website.
sec.8 Prescribed information— Act , s 69B (2)
sec.8 Prescribed information— Act , s 69B (2)
This section applies if a computer warrant is executed using information about the warrant in a document, other than a written version of the warrant, made under the approved procedures.
The document must include the following information about the warrant—
type;
reference number;
date of issue;
issuing entity’s name and location;
the Act under which the warrant was issued;
for a warrant of commitment for failure to pay an amount—
the amount payable; and
the default period of imprisonment;
for a warrant of execution—the amount payable.
The document must include the following information about the person to whom the warrant relates—
name;
address stated in the warrant;
latest known address.
The document must include the following information about the offence or alleged offence for which the warrant was issued—
a description of the offence or alleged offence;
the place where the offence or alleged offence happened;
the date of the offence or alleged offence;
the provision of the Act or statutory instrument that was contravened or allegedly contravened.
(sec.8-ssec.1) This section applies if a computer warrant is executed using information about the warrant in a document, other than a written version of the warrant, made under the approved procedures.
(sec.8-ssec.2) The document must include the following information about the warrant— type; reference number; date of issue; issuing entity’s name and location; the Act under which the warrant was issued; for a warrant of commitment for failure to pay an amount— the amount payable; and the default period of imprisonment; for a warrant of execution—the amount payable.
(sec.8-ssec.3) The document must include the following information about the person to whom the warrant relates— name; address stated in the warrant; latest known address.
(sec.8-ssec.4) The document must include the following information about the offence or alleged offence for which the warrant was issued— a description of the offence or alleged offence; the place where the offence or alleged offence happened; the date of the offence or alleged offence; the provision of the Act or statutory instrument that was contravened or allegedly contravened.
(a) type;
(b) reference number;
(c) date of issue;
(d) issuing entity’s name and location;
(e) the Act under which the warrant was issued;
(f) for a warrant of commitment for failure to pay an amount— (i) the amount payable; and (ii) the default period of imprisonment;
(i) the amount payable; and
(ii) the default period of imprisonment;
(g) for a warrant of execution—the amount payable.
(i) the amount payable; and
(ii) the default period of imprisonment;
(a) name;
(b) address stated in the warrant;
(c) latest known address.
(a) a description of the offence or alleged offence;
(b) the place where the offence or alleged offence happened;
(c) the date of the offence or alleged offence;
(d) the provision of the Act or statutory instrument that was contravened or allegedly contravened.
sec.9 Certification— Act , s 69B (5) (b)
sec.9 Certification— Act , s 69B (5) (b)
For section 69B (5) (b) of the Act , certification is to be by the arresting officer.
pt.2-div.3 Written warrants executed using document containing information about outstanding warrants
Written warrants executed using document containing information about outstanding warrants
sec.10 Prescribed document— Act , s 69E
sec.10 Prescribed document— Act , s 69E
For section 69E (1) (b) of the Act , a document called ‘Warrant Report’ made by the commissioner of the police service for executing a warrant mentioned in the document is prescribed.
s 10 sub 2020 SL No. 238 s 6
sec.11 Certification of prescribed document— Act , s 69E (4) (b)
sec.11 Certification of prescribed document— Act , s 69E (4) (b)
For section 69E (4) (b) of the Act , certification is to be by the arresting officer.
pt.3 Summons to witness
Summons to witness
sec.12 Copy of summons issued to witness under Act, s 78 or 83 to be filed
sec.12 Copy of summons issued to witness under Act, s 78 or 83 to be filed
This section applies if a person asks a justice to issue a summons that may be issued under section 78 or 83 of the Act .
If the summons is issued at a place appointed for holding a Magistrates Court, the person must, at the time the summons is issued—
file a copy of the summons with the clerk of the court at the place; and
pay the fee for filing the copy.
If the summons is issued at another place, the person must, within 3 days after the summons’s issue—
file a copy of the summons with the clerk of the court who is at or nearest to the returnable place; and
pay the fee for filing the copy.
In this section—
returnable place , for a summons, means the place where the relevant witness is required to appear or produce documents under the summons.
(sec.12-ssec.1) This section applies if a person asks a justice to issue a summons that may be issued under section 78 or 83 of the Act .
(sec.12-ssec.2) If the summons is issued at a place appointed for holding a Magistrates Court, the person must, at the time the summons is issued— file a copy of the summons with the clerk of the court at the place; and pay the fee for filing the copy.
(sec.12-ssec.3) If the summons is issued at another place, the person must, within 3 days after the summons’s issue— file a copy of the summons with the clerk of the court who is at or nearest to the returnable place; and pay the fee for filing the copy.
(sec.12-ssec.4) In this section— returnable place , for a summons, means the place where the relevant witness is required to appear or produce documents under the summons.
(a) file a copy of the summons with the clerk of the court at the place; and
(b) pay the fee for filing the copy.
(a) file a copy of the summons with the clerk of the court who is at or nearest to the returnable place; and
(b) pay the fee for filing the copy.
pt.4 Bench charge sheets and bench cover sheets
Bench charge sheets and bench cover sheets
pt.4-div.1 Bench charge sheet if defendant arrested or served with notice to appear
Bench charge sheet if defendant arrested or served with notice to appear
sec.13 Police officer to give bench charge sheet to clerk of the court
sec.13 Police officer to give bench charge sheet to clerk of the court
This section applies to a charge against a defendant if—
the charge is of an offence for which a proceeding may be brought under the Act ; and
the defendant is—
arrested on the charge, with or without a warrant; or
served with a notice to appear under the Police Powers and Responsibilities Act 2000 for the offence.
However, this section does not apply to a charge for which a bench charge sheet is required under an Act other than the Act .
A police officer must give the clerk of the court of the relevant court a separate bench charge sheet for each charge to which this section applies.
The bench charge sheet may be given electronically to the clerk of the court.
In this section—
relevant court , for a charge against a defendant, means a court before which the defendant is to be brought on the charge.
(sec.13-ssec.1) This section applies to a charge against a defendant if— the charge is of an offence for which a proceeding may be brought under the Act ; and the defendant is— arrested on the charge, with or without a warrant; or served with a notice to appear under the Police Powers and Responsibilities Act 2000 for the offence.
(sec.13-ssec.2) However, this section does not apply to a charge for which a bench charge sheet is required under an Act other than the Act .
(sec.13-ssec.3) A police officer must give the clerk of the court of the relevant court a separate bench charge sheet for each charge to which this section applies.
(sec.13-ssec.4) The bench charge sheet may be given electronically to the clerk of the court.
(sec.13-ssec.5) In this section— relevant court , for a charge against a defendant, means a court before which the defendant is to be brought on the charge.
(a) the charge is of an offence for which a proceeding may be brought under the Act ; and
(b) the defendant is— (i) arrested on the charge, with or without a warrant; or (ii) served with a notice to appear under the Police Powers and Responsibilities Act 2000 for the offence.
(i) arrested on the charge, with or without a warrant; or
(ii) served with a notice to appear under the Police Powers and Responsibilities Act 2000 for the offence.
(i) arrested on the charge, with or without a warrant; or
(ii) served with a notice
This is an opening excerpt, not the complete document.