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 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 hearings

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.

Indictable offences heard summarily 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?”

Indictable offences heard summarily 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 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 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 Civil 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’ Court The 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

Criminal Jurisdiction 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)

Appellate criminal jurisdiction Appellate civil jurisdiction 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 Civil 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

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 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.