QLD Criminal Law - Who can Appear for the Defendant?

[cuttyshatface]

In addition to the provision which @Tim W kindly pointed out, each of the Magistrates Courts Act (s18), District Court of Queensland Act (s52) and Supreme Court of Queensland Act (s90) contain the following provision:

"(1) In a proceeding, a party may appear in person or by -

(a) a lawyer; or
(b) with the leave of the court, another person.

(2) In this section -
party includes a person served with notice of or attending a proceeding although not named in the record."

Each Act also defines a lawyer as:

"lawyer means an Australian lawyer who, under the Legal Profession Act 2007, may engage in legal practice in this State." Refer back to my earlier post for details on who that constitutes.

Thank you again for your reply.

"with the leave of the court," I understand to mean, "with permission"? please correct me if I'm wrong. And (2) Has me a little confused.

 

[Rob Legat - SBPL]

In answer to your question - basically, yes.

(2) relates to someone who is required to appear before the court but isn't a party to proceedings (ie not a plaintiff, defendant, applicant, respondent, etc).

 

[Tim W]

It may be helpful to take the view that in real life,
"another person" more often refers to....

• somebody such as a solicitor's clerk appearing at a mention
  (this happens all the time); or
• a person (not being a McKenzie friend or a next friend, or say, an interpreter)
  assisting a party (who might be disabled, or very young or very old, or
  not well enough (physically or mentally), or, yes, simply not bright enough, to represent themselves), and
• almost never operates to allow a lay person to do lawyer-like work,
  such as examining a witness, or make a submission or application.