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Victorian Court Hierarchy Victorian Court Hierarchy

Victorian Court Hierarchy - PowerPoint Presentation

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Victorian Court Hierarchy - PPT Presentation

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 ID: 316045

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Slide1

Victorian Court HierarchySlide2

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 JURYSlide3

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?Slide4

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 offenceSlide5

Magistrates’ Court

Summary offences

These 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

hearingsSlide6

Magistrates’ Court

Indictable offences heard summarily

Indictable 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. Slide7

Magistrates’ Court

Indictable offences heard summarily

For 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?”Slide8

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)Slide9

Magistrates’ CourtSlide10

Magistrates’ Court

Committal Hearings

These 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 courtSlide11

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

e

g

urgent injunctions, Child Support Agency applications, family violence mattersSlide12

Magistrates’ Court

The Magistrates’ Court has NO APPELLATE JURISDICTION for either civil or criminal cases.

This is because:

______________________________________________________________________________________Slide13

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)Slide14

Magistrates’ Court

The Magistrates’ Court also has a number of specialist divisionsSlide15

County Court

Function-

Deals with a wide range of civil and criminal disputes

Hears about 10, 000 cases a

year

Busiest trial court in VictoriaSlide16

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 12Slide17

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)Slide18

County Court

Appellate criminal jurisdiction

Against

sentence or conviction

from the Magistrates’ Court

Appellate civil jurisdiction

The County Court has NO civil appellate jurisdictionSlide19

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 AppealSlide20

County Court

Specialist divisions

The County Court

has

specialist

divisions of

the Koori Court and Sex Offences List

Specialist jurisdictions aim to improve the effectiveness and efficiency of the courtSlide21

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)Slide22

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 verdictSlide23

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 6Slide24

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. Slide25

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. Slide26

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.