Agency Details

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Agency ID759
TitleCourt of Petty Sessions, Miles
Agency TypeMagistrates Court
Start Date 22/8/1878
End Date 31/12/1964
Date NotesN/A
Abstract

Held original jurisdiction in minor criminal cases.

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Series

Series IDTitleFromTo
11637Bench Record and Summons Books 20/5/1907 20/8/1963
17455Bills of Sale Register 1/1/1914 31/12/1935
11635Plaint Books [Court of Petty Sessions, Miles] 6/2/1923 14/12/1961
16881Debt Attachment Book 13/3/1923 31/12/1964
11638Judgment Books 10/7/1923 23/8/1962
16879Foreign Warrants of Execution Book 6/9/1924 31/12/1964
11636Registers of the Registration of Firms 20/7/1925 8/10/1960
11639Cash Books 1/11/1928 21/2/1966
16884Indexes to Plaints 1/1/1938 31/12/1964
16886Register of Auctioneers, Motor Dealers and Real Estate Agents Licences 11/1/1956 31/12/1964
17457Plaint Books [Court of Petty Sessions/Magistrates Court, Miles] 19/12/1961 31/12/1964
16883Judgment Book 24/8/1962 24/12/1964
16882Judgment Book 24/8/1962 31/12/1964
17456Bench Record and Summons Books 6/9/1963 31/12/1964
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Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 22/8/1878 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

Details of previous agencies do not exist or are unavailable.
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Subsequent Agencies

Agency IDTitle
1337Magistrates Court, Miles
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Related Agencies

Details of related agencies do not exist or are unavailable.
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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
Queensland Government Gazette 1881, Vol XXIX, No 17, p. 213
Queensland Government Gazette 1881, Vol XXIX, No 73, p. 1010
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Legislation

Establishing Queensland Government Gazette 1878, Vol XXIII, No 24, p. 376
Abolishing Justices Act Amendment Act 1964
Queensland Government Gazette 1964, vol CCXVII, No 41, p. 827
Administered N/A
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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, Miles was proclaimed by the Governor in Council on 22 August 1878.

The Court of Petty Sessions, Miles was not in continuous existence throughout the above period. A gazettal proclamation abolished this Court on 27 July 1881 and reconstituted it on 26 October 1881.

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 22 Aug 1878 - 28 Jul 1881; 26 Oct 1881 - 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 ID759, Court of Petty Sessions, Miles
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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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