Request a rehearing or reopening of a criminal case

Part of the Appeals and actions topic

You can request that a Magistrates Court rehears or reopens a criminal matter if you were absent when the decision was made or you believe there was an error in the facts of the matter.


In short

You can use this service to request a rehearing or reopening of a criminal matter.

You must submit your completed application form either:

  • online, if the original hearing was at the Brisbane Magistrates Court
  • in person, if the original matter was heard at any other Queensland Magistrates Court.

See How to request a rehearing or reopening of a criminal matter for the full application process.

Start the online form

What you should know

A rehearing applies if the court heard the criminal charge ex parte. This means the court heard the charges and you or your representative did not attend. You must make your request within 2 months from the date of the original court hearing.

A reopening applies if you believe there was an error in the facts of the matter. You must make your request within 28 days from the date of the original court hearing.

You may need to go to court, depending on the outcome of your application.

Who can use this service

You can request a rehearing or reopening of a criminal matter if:

  • you were a party to the original proceeding
  • your case went through a Magistrates Court hearing.

Don't use this service if:

  • your case went through a Queensland District or Supreme Court
    Instead, seek legal advice.

How to request a rehearing or reopening of a criminal matter

Choose how to submit your request and follow the steps.

Applicable only for Brisbane Magistrate Court hearings.

Step 1: Gather your documents

Gather information:

  • the grounds for your application—meaning why you are applying.
  • the date of the original court hearing.

Step 2: Complete  and submit the form

Complete the online application form and submit.

Step 3: Receive the outcome

Once the court has ruled on your application they will let you know the outcome by email or mail.

Applicable only for all Queensland Magistrate Court hearings.

Step 1: Gather your documents

Gather the required information:

  • the grounds for your application—meaning why you are applying
  • the date of the original court hearing.

Step 2: Complete the form

Download and complete the application form.

Step 3: Submit your application

Lodge your application with the Clerk of the Court, of the Magistrates Court where the matter was originally heard. See courthouse locations on the Queensland Courts website.

Step 4: Receive the outcome

Once the court has ruled on your application they will let you know the outcome by email or mail.

How long it takes

Processing time begins when a complete application is received. If you do not receive an outcome within the timeframe you can email or call the originating court. See courthouse locations on the Queensland Courts website.

Standard applications: up to 2 weeks

Urgent applications: not available

How much it costs

Free.

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