Facing a traffic charge in Cleveland and need to know how a drink driving, drug driving, dangerous driving or other traffic matter might be heard in Cleveland Magistrates Court?
The Cleveland Magistrates Court is located at 5 Middle Street, Cleveland. The court contains 2 Magistrates Courts.
5 Middle Street
PO Box 10
Cleveland Qld 4163
8.30am to 4.30pm, Monday, Tuesday, Thursday and Friday
8.30am to 4.00pm, Wednesday
Phone (07) 3884 3900
Fax (07) 3884 3920
Types of matters heard at Cleveland Court
There is parking at the Redland Performing Arts Centre.
The current list of Magistrates at Cleveland are;
Arriving at Court
Cleveland has a security entrance to screen people attending the court. Once you are screened there are volunteers who will tick you off the list and direct you to the court you have been assigned.
On any given day usually both Courts are operating and might be assigned to hear criminal and/or traffic matters, trials, civil disputes, DVO or children’s Court matters. The Court publishes a calendar each year that sets out when they hear matters. That can be accessed through this link www.Courts.qld.gov.au/daily-law-lists/Court-calendars In addition to the Court calendar each day there is a list of made of each person appearing in Court and what Court room they have been assigned. This is known as the daily law list and can be accessed online using this link https://www.courts.qld.gov.au/__external/CourtsLawList/Cleveland_DailyLawList.pdf or otherwise there is a list of all matters in the Court that day as you pass through security.
Example on how a matter might be heard
Let's take the example of a drink driving charge, these can be heard in the Cleveland Court Monday Tuesday or Thursday but generally on a Monday. The Court would allocate a Magistrate to hear traffic matters and criminal matters that day and if you were charged with an offence you would proceed to the nominated Court room at the Court there is a police prosecutor who prosecutes the matter on behalf of the police service, this will not be the arresting officer that you were charged by but an independent police prosecutor. The prosecutor will provide you with what is known as be Police Prosecutors Court Brief (everyone calls it a QP9), we have a dedicated article on that and that can be read at
The QP9 sets out what the police say occurred in regard to the drink driving charge and will have attached to it;
- The breath or blood analyst certificate
- Any traffic history
- Any criminal history
The police prosecutor will then ask the person what they want to do. There are three options that is;
- Plead guilty
- Plead not guilty
- Seek to adjourn the matter to a different date possibly to obtain legal advice
If the defendant notices any factual inaccuracies in the QP9 after they looked through it then they would need to alert the police prosecutor. In most cases unless the inaccuracy is minor the matter would need to be adjourned so that the prosecutor can look into the issue.
If the defendant decides the QP9 is correct then they will take a seat in the Court, generally what happens is matters are heard in the order of adjournments with lawyers, guilty pleas with lawyers, unrepresented adjournments and then guilty plea for unrepresented people.
The Court eventually get to the defendant’s matter and they will be called to the bar table which is the long table in the middle of Court with the police prosecutor the right hand side and the defendant at the left-hand side. The Magistrate will read out the charge and ask the person to plead guilty, not guilty or ask if they are seeking an adjournment. In this example of a guilty plea to a drink driving charge the defendant would enter a guilty plea and ultimately they would sit down and the police prosecutor will read out from the QP9 and tell the Magistrate what happened and the hand up any traffic or criminal history the defendant may have. The Magistrate will then invite the defendant to make comments about the facts and to give them some idea of their situation so they can set a penalty for drink-driving charge. It might be factors such as what a person does for a living how the loss of license will impact them. The Magistrate may require a defendant to address the previous history especially if it is lengthy or has similar offences on it. Once the Magistrate is convinced to have all the necessary information, they will then seek to impose a penalty. It is important to note the Court does have a duty lawyer service but for drinking drug driving charges and other traffic matters where the risk of imprisonment is not high the duty lawyer will not be able to represent a person.
We also have article on how drink driving matters are heard in Magistrate Courts.
Do you appear in Cleveland Court?
Yes, we act for people charged with offences and appearing in Cleveland Magistrates Court on an almost weekly basis and have done so since 2010.
Our local office
Level 1, 16 McDougall Street Milton
How do I get more information or engage Clarity Law to act for me?
If you want to engage us or just need further information or advice then you can either;