Agency Details

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Agency ID669
TitleCourt of Petty Sessions, Brisbane
Agency TypeMagistrates Court
Start Date 5/4/1843
End Date 31/12/1964
Date NotesN/A
Abstract

Held original jurisdiction in minor criminal cases.

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Series

Series IDTitleFromTo
11117Register of Cases Tried in the Court of Requests (Petty Sessions) for the Recovery of Small Debts 6/5/1844 3/2/1851
753Deposition and Minute Books 6/2/1846 30/3/1905
11146Register of Recognizances - Publicans' Licences [Brisbane] 18/4/1848 14/7/1857
11147Register of Applications for Liquor Licences [Brisbane] 20/4/1858 11/6/1867
6300Deposition and Minute Books - Police Court 1/7/1858 31/3/1905
6301Deposition and Minute Books - Water Police Court 24/8/1862 13/7/1888
11116Register of Protection Orders Granted (Brisbane) 1/1/1875 31/5/1920
11141Register of Licences [Brisbane] 1/4/1879 30/4/1883
11156Registers of Applications - Liquor and Other Licences [Brisbane] 9/12/1879 3/3/1915
11115Register of the Issue of Distress Warrants 2/7/1880 30/4/1883
11132Cash Books 4/10/1880 31/8/1926
11114Register of Fines Collected 27/8/1886 25/6/1889
19579Copy of the Justices Act of 1886 1/1/1887 31/12/1899
11142Register of Wine Licences [Brisbane] 1/4/1893 30/4/1912
11145Register of Billiard and Bagatelle Licences [Brisbane] 1/4/1893 31/1/1913
11148Registers of Publicans' Licences [Brisbane] 1/4/1893 30/4/1913
11143Registers of Packet Licences Granted [Brisbane] 1/4/1893 31/7/1927
9186List of Children Brought Before the Police Court, Brisbane 9/1/1894 28/12/1894
11150Registers of Stock Mortgages and Securities under the Liquor Act 20/11/1894 8/10/1932
11144Register of Applicants - Victuallers' Licences [Brisbane] 1/4/1895 31/5/1897
6186Registers of Maintenance Cases 30/6/1899 31/12/1925
11140Letters Addressed to the Police Magistrate As Chairman of the Licensing Bench [Brisbane] 1/9/1901 31/7/1915
6162Bench Record and Summons Books - Miscellaneous Offences (Brisbane) 1/5/1902 29/10/1915
11126Cash Books 2/3/1903 28/11/1906
11121Register of Certificates Granted to Clubs 1/1/1905 30/4/1912
11139Registers of Licences [Brisbane] 1/1/1905 31/12/1923
6263Registers of Bills of Sale 1/1/1905 31/12/1956
6238Police Charge Bench Books for Offences Committed by Males 3/3/1905 31/12/1964
6204Index to Bench Record and Summons Books 1/4/1905 31/12/1906
6205Bench Diary 21/7/1906 28/9/1917
11135Registers of Applications - General Licences [Brisbane] 5/1/1910 28/6/1940
11120Register of Fines Received 1/2/1910 31/8/1917
11122Suspense Account Cash Books 1/5/1910 1/10/1925
6193Bench Record and Summons Books - Traffic Act Offences 21/2/1911 31/12/1964
6161Bench Record and Summons Books - Miscellaneous Offences - Cases Initiated by Private Citizens and Government Officials (Brisbane) 23/5/1911 31/12/1964
6151Bench Record and Summons Books - Miscellaneous Offences - Cases Initiated by Police (Brisbane) 13/12/1911 31/12/1964
11151Registers of Spirit Merchants and Bottlers 1/4/1913 31/10/1923
11119Registers of Fees Received 1/1/1914 30/9/1925
11152Registers of Tobacco Licences 1/1/1914 31/12/1925
11153Registers of Applications for Booth Licences [Brisbane] 1/3/1914 30/6/1947
11157Register of Licence Fees Received 1/4/1915 31/7/1935
6188Bench Record and Summons Books - Offences Against Federal Laws 23/3/1916 31/12/1964
6239Police Charge Bench Books for Offences Committed by Females 12/2/1917 31/12/1964
11149Registers of Applications - Liquor and Billard Licences [Brisbane] 11/4/1917 9/10/1935
11118Bailiffs' Warrant Books - Small Debts and Magistrate's Courts, Brisbane 1/8/1917 30/11/1955
11131Registers of Writs of Fi Fa (Fieri Facias) 3/9/1921 31/12/1932
11128Expenditure Sheets 1/10/1925 31/10/1963
11133Receipts Cash Sheets 1/10/1925 31/10/1963
11130Bailiffs' Summons Books 12/1/1926 11/11/1955
11155Bailiffs' Summons Books 1/7/1929 1/6/1962
11124Register of Deferred Payments 27/6/1930 19/6/1931
11123Registers of Writs of Fi Fa (Fieri Facias) 1/1/1933 31/12/1951
11154Register of Inquests Into Deaths and Fires [Court of Petty Sessions, Brisbane] 31/10/1933 3/11/1936
6190Bench Record and Summons Books - Breaches of Roads (Contribution to Maintenance) Acts and State Transport Regulations 2/7/1934 31/12/1964
6152Bench Record and Summons Books - Liquor Act Offences [Brisbane] 25/11/1935 31/12/1964
11138Registers of Complaints Filed and Summonses Issued 1/7/1938 31/12/1940
11137Registers of Complaints Filed and Summonses Issued 6/1/1942 31/12/1947
11134Register of Applications for Exemption from Man-Power Regulations 10/4/1942 9/11/1945
6233Register of Applications for Exemption from Military Service - Conscientious Objectors on Religious Grounds 13/4/1942 19/2/1945
6166Bench Record and Summons Books - Breaches of Maintenance Acts 2/10/1946 23/9/1964
11136Bailiffs' Warrant Books 29/10/1952 5/5/1961
11125Cash Book 7/4/1953 30/9/1954
6206Index to Records of the Court 1/1/1955 31/12/1956
6240Police Charge Bench Books for Late Charges Taken at Watch-house 15/3/1957 31/12/1964
6189Bench Record and Summons Books - Traffic Act Offences - Metered Parking 30/1/1958 17/8/1964
6290Police Charge Bench Books for Traffic Court Liquor Offences 19/5/1958 31/12/1964
6293Bench Record and Summons Book - Breaches of Main Roads Regulations 31/3/1960 13/8/1964
6241Police Charge Bench Books for Simple Offences - for Watch-house Prosecutors Only 15/2/1961 31/12/1964
11127Register of Cash Receipts - Fines Section 3/9/1962 31/5/1963
6187Bench Record and Summons Books - Breaches of Income Tax and Social Services Contribution Assessment Act 14/5/1964 31/12/1964
6295Bench Record and Summons Books - Breaches of Industrial Acts and Awards 11/8/1964 31/12/1964
6296Bench Record and Summons Books - Breaches of Maintenance Orders 30/9/1964 31/12/1964
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Controlling Agencies

Agency IDTitleFromTo
1161Colonial Secretary's Office, New South Wales 5/4/1843 10/12/1859
107Colonial Secretary's Office 10/12/1859 29/7/1896
123Home Secretary's Office 29/7/1896 27/1/1904
19Department of Justice (I) 27/1/1904 31/12/1964
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Controlled Agencies

Details of controlled agencies do not exist or are unavailable.
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Previous Agencies

Subsequent Agencies

Related Agencies

Agency IDTitleRelationship
3666Children's Court, BrisbaneMagistrates Court
2463Small Debts Court, Brisbaneminor court
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Finding Aids

This agency has no finding aids.
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Publication Notes
This agency has no publication notes.
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Remarks

Information Sources

Imperial Act 27 George III
An Act for regulating the police in the towns of Parramatta, Windsor, Maitland, Bathurst and other towns respectively and for removing and preventing nuisances and obstructions and for the better alignment of of streets therein (2 Victoria, No 2)
An Act to adopt and apply certain Acts of Parliament passed for facilitating the performance of duties of justices of the peace and for protecting them from vexatious actions and to prevent persons convicted of offences from taking undue advantage of mere defects or errors in form (14 Vcitoria, No 43)
Justices Act 1886
Justices Act Amendment Act 1964
Penberthy Fry, T., Australian Courts and Administrative Tribunals, University of Queensland, 1946, p. 139
New South Wales Government Gazette 1843, Vol XIII, p505
Queensland Government Gazette 1896, Vol LXVI, pp345, 400
Queensland Government Gazette 1904, Vol LXXXII, p50
Queensland Government Gazette 1918, Vol CX, No 166, p. 1256
Queensland Government Gazette 1964, Vol CCXVII, p827
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Legislation

Establishing N/A
Abolishing Justices Act Amendment Act 1964
Administered An Act for regulating the police in the towns of Parramatta, Windsor, Maitland, Bathurst and other towns respectively and for removing and preventing nuisances and obstructions and for the better alignment of of streets therein (2 Victoria, No 2)
An Act to adopt and apply certain Acts of Parliament passed for facilitating the performance of duties of justices of the peace and for protecting them from vexatious actions and to prevent persons convicted of offences from taking undue advantage of mere defects or errors in form (14 Victoria, No 43)
Criminal Code Act 1899 (including Criminal Code)
Criminal Code Amendment Act 1922
Criminal Law Amendment Act 1892, 1894, 1945
Evidence (Attestation of Documents) Act 1937
Evidence and Discovery Act 1867
Imperial Act 27 George III
Justices Act 1886
Oaths Act 1867
Profiteering Prevention Act 1948
Recording of Evidence Act 1962
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Description
ESTABLISHMENT:
Under the First and Second Charters of Justice (proclaimed in 1787 and 1814 respectively under the authority of Imperial Act 27 George III) justices of the peace appointed by the Governor were granted summary jurisdiction to hear petty criminal matters in the first instance without a jury.

The powers of justices of the peace and of police magistrates to sit as petty sessions were ultimately codified in the New South Wales Acts of 1835 (2 Victoria 2) and of 1850 (14 Victoria 43). This latter New South Wales Act ultimately formed the basis of the Queensland "Justices Act of 1886", which legislated for the appointment by the Governor in Council of districts for the holding of courts of petty sessions. The Court of Petty Sessions, Brisbane was proclaimed by the Governor in Council on 8 April 1843.

Records from the Court of Petty Sessions, Sandgate were transferred to the Court of Petty Sessions, Brisbane upon this Court being abolished by gazettal proclamation dated 17 April 1918.

Under the "Justices Act Amendment Act 1964", from 1 January 1965 onwards: all courts of petty sessions districts were deemed to be magistrates courts districts, all places previously appointed for the holding of courts of petty sessions were deemed to be places for the holding of magistrates courts, all clerks of petty sessions were deemed to be registrars of magistrates courts.

FUNCTIONS:
Under a number of further Acts, the establishment of a place for the holding of a court of petty sessions was deemed to establish a number of further courts, for example, magistrates courts, fair rents courts, small debts courts. This agency definition will however be concerned purely with the court of petty sessions sitting as this court.

Courts of petty sessions had petty criminal jurisdiction and jurisdiction for summary actions of ejectment between lessors and lessees. Petty criminal jurisdiction is a complicated matter of law involving numerous Commonwealth and State statutes but can be briefly described as jurisdiction over summary trials of simple offences and committal proceedings for indictable offences sent to the Supreme Court.

In practice, if not in statute, courts of petty sessions were divided into three courts: police court (prosecutions commenced by police), summons court (prosecutions and proceedings for ejectment commenced by private prosecutors) and traffic court.

PORTFOLIO CONTROLLING:
Colonial Secretary (NSW) 5 Apr 1843 - 10/15 Dec 1859
Colonial Secretary 10/15 1859 - 6 Aug 1896
Home Secretary 6 Aug 1896 - 27 Jan 1904
Attorney General 27 Jan 1904 - 19 Nov 1907
Minister of Justice 19 Nov 1907 - 18 Feb 1908
Attorney General 18 Feb 1908 - 22 Oct 1919
Minister of Justice 22 Oct 1919 - 7 Apr 1920
Attorney General 7 Apr 1920 - 14 Nov 1957
Minister for Justice and Attorney General 14 Nov 1957 - 31 Dec 1964

NOTE:
Magistrates Courts were already in existence when Courts of Petty Sessions ceased to operate in 1964 and they took over most of the functions formerly carried out by the Petty Sessions Courts.
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Preferred Citation

Queensland State Archives Agency ID669, Court of Petty Sessions, Brisbane
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Last updated 9 September 2016
Creative Commons Attribution 3.0 Australia (CC BY 3.0) ( http://creativecommons.org/licenses/by/3.0/au/ )
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