2. The cartoon on the next slide depicts a number of situations with the
potential to result in a dispute. Look carefully at the cartoon and identify
the different types of dispute illustrated. Will these disputes be treated as
civil or criminal matters?
3.
4. Some definitions
Original jurisdiction - Authority to
hear a case for the first time
Appellate jurisdiction - authority to hear appeals
Criminal Law - Law relating to an act or omission that offends against an
existing law, is harmful to an individual or society as a whole, and is punishable
by law.
Civil law - Law relating to disputes between two individuals or groups, where one
individual’s or groups rights have been infringed and the injured party is seeking a
remedy
5. Summary offence - Minor offences, such as shoplifting, traffic
offences, minor assault, possession of small quantities of illegal
drugs
Indictable offences - A serious offence that can be heard before a
judge and jury
6. A virtual tour - http://multimedia.justice.vic.gov.au/egov/
virtual_tour/magistrates-court-vic.html
7. Function
It is the busiest court in Victoria, accounting for approximately 90 per cent of
court appearances. The court hears approximately 250 000 criminal and civil
cases every year.
The Magistrates’ Court also hears committal proceedings to establish whether the
evidence in criminal cases that are to go to the County Court or Supreme Court
for trial is of sufficient weight to support a conviction. The overwhelming majority
of criminal cases are, in fact, heard in the Magistrates’ Court. Those that go to a
higher court for trial usually begin in the Magistrates’ Court with committal
proceedings.
8. Original Criminal Jurisdiction
• summary offences (minor offences)
• indictable offences heard summarily (more serious offences)
• committal proceedings (pre-trial procedures)
• bail applications (released on conditions prior to going to trial)
• issuing warrants (order usually for arrest or search) (one magistrate)
9. Summary offences
Summary offences are minor criminal offences. For example, road traffic offences
such as careless driving, minor assault, property damage and offensive behaviour.
Some summary matters can be dealt with in the absence of the accused if the
magistrate deems it appropriate. These are called ex-parte hearings.
10. Indictable offences heard and determined summarily
Indictable offences are serious offences that can be heard before a judge and jury in the
superior courts including the County Court and the Supreme Court. The less-serious
indictable offences that are heard in the Magistratesʼ Court are known as indictable
offences heard and determined summarily.
For an indictable offence to be heard summarily the following must occur:
• Prosecutor must agree
• The court must be satisfied that the matter is suitable for hearing summarily (not too
serious or complicated)
•The accused must consent to the matter being dealt with summarily. An accused person
may prefer to have an indictable offence heard in the County Court before a jury, but this
would involve the possibility of higher penalties and higher costs and delays.
11. Committal hearings
Committal hearings (also known as preliminary hearings) are pre-
trial procedures used for indictable offences that are not being heard
summarily. Their aim is to establish a prima facie case; that is, on
the face of it, that the evidence is of sufficient weight to support a
conviction by a jury at trial. The aim is to avoid a full trial in cases
when there is insufficient evidence to support a conviction.
12. Civil jurisdiction
The Magistrates’ Court hears all civil disputes up to $100 000 including:
• motor vehicle accident claims
• disputes about a contract
• claims under torts such as negligence, trespass and defamation
• personal injury claims.
The Magistrates’ Court must refer complaints in which the amount of money sought
is less than $10 000 to arbitration.
Even though the Magistrates’ Court is a state court and the Family Court is a
federal court, the Magistrates’ Court has jurisdiction to operate as a Family Court in
certain matters.
Anyone heard of beetlejuice?
14. Specialist Divisions of the Magistrates’ Court
Drug Court Division
Family Violence Division
Koori Court Division
Neighbourhood Justice Centre
Assessment and Referral Court List
15. For your specialist court: Create a podcast and put on the wiki.
You must include the following
A) Explain why the court was created
B) How does the court operate/How is it different?
C) What is the Courts Jurisdiction?
D) How effective has the court been?
