VICTORIAN COURT HIERARCHY. Magistrates’ Court The Magistrates’ Court is the lowest in the court...
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Transcript of VICTORIAN COURT HIERARCHY. Magistrates’ Court The Magistrates’ Court is the lowest in the court...
VICTORIAN COURT HIERARCHY
Magistrates’ Court
The Magistrates’ Court is the lowest in the court hierarchy. Its current jurisdiction is set out in the Magistrates’ Court Act 1989 (Vic).
Presided over by a Magistrate– NO JURY
Magistrates’ Court
Function- deals with small civil disputes and some less-serious criminal offences.
It is the busiest court and deals with about 90% of court appearances.
WHY?
Magistrates’ Court
Criminal Jurisdiction Summary offences Indictable offences heard summarily Committal hearings Issuing warrants Bail applications
The maximum sentence that can given by the Magistrates’ Court is two years for a single offence
Magistrates’ Court
Summary offencesThese are minor criminal offences as outlined in acts of parliament (eg Road Safety Act, Summary Offences Act, Firearms Act)
Examples include: Speeding Exceeding a blood alcohol content of 0.05 Being drunk and disorderly Common assault
Can be heard without the defendant present – ex-parte hearings
Magistrates’ Court
Indictable offences heard summarilyIndictable offences are more serious criminal offences, such as murder and manslaughter. These are listed in the Crimes Act 1958 (Vic.). Every person who has been charged with an indictable offence has the right to be tried by a judge and jury.
However, with the consent of the defendant, some indictable offences can be heard summarily in the Magistrates’ Court by a magistrate.
Magistrates’ Court
Indictable offences heard summarilyFor an indictable offence to be tried summarily three elements must be satisfied:
The prosecutor or the defendant must apply to have the case heard summarily
The court must be satisfied that the matter is suitable to be determined summarily; the court may decide that the offence is too serious or too complex to be heard by a magistrate
The defendant must consent; on the day of the hearing the court will ask the defendant “do you consent that charges against you shall be tried by us or do you desire that it shall be sent to trial by jury?”
Magistrates’ Court
Indictable offences heard summarily
Advantages: The matter will be dealt with relatively
quickly and inexpensively If the defendant is found guilty the
maximum penalty is less than if it were heard by the County Court
The Magistrates’ Court is less formal and less intimidating (legal representation is not required)
Magistrates’ Court
Magistrates’ Court
Committal HearingsThese hearings are held in the Magistrates’ Court for all indictable offences. They are a pre-trial procedure and held to determine whether a prima facie case exists
Prima facie- there is sufficient evidence to support a conviction by a jury in a higher court
Magistrates’ Court
Civil Jurisdiction
Hears civil disputes up to $100,000
Matters worth less than $10,000 are referred to arbitration (this is still via the Magistrates’ Court as the arbitrator may be a magistrate or a court registrar)
The Magistrates’ Court has the jurisdiction to operate as a Family Court in certain matters eg urgent injunctions, Child Support Agency applications,
family violence matters
Magistrates’ Court
The Magistrates’ Court has NO APPELLATE JURISDICTION for either civil or criminal cases.
This is because:______________________________________________________________________________________
Magistrates’ Court
Criminal Appeals
Appeals on sentence or conviction County Court
Appeals of points of law Supreme Court (Trial Division)
Civil Appeals
Appeals on points of law Supreme Court (Trial Division)
Magistrates’ CourtThe Magistrates’ Court also has a number of specialist divisions
Magistrates’ Court
The Drug Court
The Koori Court
The Family Violence Division
Neighbourhood Justice
Centre
Sexual offences
List
Assessment and
Referral Court List
County Court
Function-
Deals with a wide range of civil and criminal disputes
Hears about 10, 000 cases a year
Busiest trial court in Victoria
County Court
Criminal Jurisdiction
Has the jurisdiction to hear most indictable offences (drug trafficking, serious assaults and sex offences)
Cannot hear serious indictable offences including: Murder related offences Conspiracy Treason
Criminal trials, in which the accused has pleaded not guilty, are heard before a judge and a jury of 12
County Court
Civil Jurisdiction Unlimited jurisdiction to hear all civil
disputes, irrespective of the amount claimed
Hears claims against councils (eg where loss or injury occurred from use of roads, buildings etc.)
Plaintiff, defendant and judge are present (parties must pay for the jury)
County Court
Appellate criminal jurisdiction
Against sentence or conviction from the Magistrates’ Court
Appellate civil jurisdiction The County Court has NO civil appellate
jurisdiction
County Court
Criminal Appeals
Appeals on sentence or conviction or point of law
Court of Appeal
Civil Appeals
Appeals on points of law , question of fact or damages
Court of Appeal
County Court
Specialist divisionsThe County Court has specialist divisions of the Koori Court and Sex Offences List
Specialist jurisdictions aim to improve the effectiveness and efficiency of the court
Supreme Court
The Supreme Court is the highest Victorian court. The Supreme Court is presided over by a judge referred to as a ‘Justice’.
The Supreme Court consists of:
The Supreme Court (Trial Division) The Supreme Court (Court of Appeal)
Supreme Court– Trial Division
Criminal jurisdiction
Hears all serious indictable offences including: Murder related offences Treason Conspiracy
If the defendant pleads not guilty, a jury of 12 will determine the verdict
Supreme Court– Trial Division
Civil jurisdiction Has unlimited civil jurisdiction (claims of
any amount)
Usually hears the more complex cases or where the plaintiff is seeking significant damages
Heard by a single judge and an optional jury of 6
Supreme Court– Trial Division
Appellate criminal jurisdiction Appeals on points of law from the
Magistrates’ Court
Appellate civil jurisdiction Appeals on points of law from the
Magistrates’ Court and VCAT.
Supreme Court– Court of Appeal
The Court of Appeal is a division of the Supreme Court.
Judges in the Court of Appeal are referred to as ‘Justice of Appeal’
Is usually presided over by 3 (sometimes 2) judges. At the court’s discretion, it can sit with up to 5 justices on matters of ‘significant importance’
The Court of Appeal has NO ORIGINAL JURISDICTION and can only hear cases brought to it from a lower court.
Supreme Court– Court of Appeal
Appellate criminal jurisdiction Appeals on points of law, conviction or
sanction from a single judge of the County and Supreme Courts– provided that leave to appeal has been granted.
Appellate civil jurisdiction Appeals on points of law, damages, question of
fact from a single judge of County or Supreme Courts or VCAT.