Queensland Consolidated Acts

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DISTRICT COURT OF QUEENSLAND ACT 1967 - SECT 61

61 Criminal jurisdiction if maximum penalty more than 20 years

(1) The District Court does not generally have jurisdiction to try a person charged with an indictable offence if the maximum penalty for the offence is more than 20 years.

(2) However, the District Court has jurisdiction to try a person charged with committing or counselling or procuring the commission of any of the following offences even if the maximum penalty for the offence is more than 20 years—

(a) an offence against the Corrective Services Act 2006, section 122 in which a prisoner wilfully and unlawfully damages or destroys, or attempts to damage or destroy, property that is part of a corrective services facility during a riot or mutiny and the security of the facility is endangered by the act;
(b) an offence under the Criminal Code, section 61, 208, 213, 215, 216, 219, 222, 229B, 315, 316, 317, 318, 319, 349, 352, 411, 412, 415, 419, 421, 461, 469 or 469A.

(3) Subsection (2) applies to an offence mentioned in subsection (2)(b) even if 1 or more circumstances of aggravation under the Criminal Code are alleged to exist in relation to the offence.



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