Facing a traffic charge in Holland Park and need to know how a drink driving, drug driving, dangerous driving or other traffic matter might be heard in Holland Park Magistrates Court?
Location
The Holland Park Magistrates Court is located at 8 Marshall Road. The court contains 2 Magistrates Courts.
Contact Details
8 Marshall Road
PO Box 135
Holland Park Qld 4121
Business hours
8.30am to 4.30pm, Monday to Wednesday and Friday
8.30am to 4.00pm, Thursday
Phone (07) 3917 3700
Fax (07) 3917 3730
Email This email address is being protected from spambots. You need JavaScript enabled to view it.
Facilities
Toilets
Meeting rooms
JP Service
Map
https://goo.gl/maps/HmXkyvZBzygpqP2d9
Types of matters heard at Holland Park Court
Traffic matters
Parking
There is only parking in the side streets, the court has no public court parks. There is a bus station close to the court.
Magistrates
The current list of Magistrates at Holland Park are;
Magistrate Sheryl Cornack
Magistrate Simon Young
Arriving at Court
Holland Park does not currently have a security entrance however there is often a security officer at the entrance to screen people attending the court. Once you are screen 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 www.courts.qld.gov.au/__external/CourtsLawList/Holland_Park_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 Holland Park Court Monday through to Friday. 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.
Do you appear in Holland Park Court?
Yes, we act for people charged with offences and appearing in Holland Park Magistrates Court on an almost weekly basis and have done so since 2010.
Our local office
Brisbane
Level 1, 16 McDougall Street Milton
Phone: 0730677017
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;
- Use our contact us form and we will contact you by email or phone at a time that suits you
- Visit our website at www.drivinglaw.com.au
- Call us on 1300 952 255 seven days a week, 7am to 7pm
- Email This email address is being protected from spambots. You need JavaScript enabled to view it.