Agency Details

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Agency ID789
TitleCourt of Petty Sessions, Brisbane South
Agency TypeMagistrates Court
Start Date 11/7/1888
End Date 1/11/1915
Date NotesN/A
Abstract

Held original jurisdiction in minor criminal cases.

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Series

Series IDTitleFromTo
11790Registers of Applications - Publican's Licences [Brisbane South] 1/4/1893 30/6/1913
11787Register of Fines Collected 2/3/1903 30/8/1909
11788Deposition and Minute Books 8/5/1905 30/5/1912
10185Register of Inwards Correspondence 1/1/1907 31/12/1914
11786Register of Fees of Office Received 1/12/1909 29/1/1910
11785Alphabetical Register of Stock Returns 1/1/1910 31/12/1912
11784Police Charge Bench Books 13/12/1910 30/10/1915
14199Minute Books, Small Debts Court 25/8/1911 23/5/1916
11789Bailiffs' Summons Book 1/11/1915 31/12/1919
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Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 11/7/1888 29/7/1896
123Home Secretary's Office 29/7/1896 27/1/1904
19Department of Justice (I) 27/1/1904 1/11/1915
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Controlled Agencies

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

Subsequent Agencies

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Related Agencies

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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 1888, Vol XLIV, p. 698
Queensland Government Gazette 1915, Vol CV, p. 1325
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Legislation

Establishing N/A
Abolishing N/A
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, Brisbane South was proclaimed by the Governor in Council on 11 July 1888.

The Court of Petty Sessions, Brisbane South was abolished by gazettal proclamation dated 1 November 1915.

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 11 Jul 1888 - 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 - 1 Nov 1915



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Preferred Citation

Queensland State Archives Agency ID789, Court of Petty Sessions, Brisbane South
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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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