UNIT 4 LEGAL STUDIES VICTORIAN COURT HIERARCHY. MAGISTRATES COURT - regulated by the Magistrates Court Act 1989 (Vic) & run by a Magistrate. - regulated.

UNIT 4 LEGAL UNIT 4 LEGAL STUDIESSTUDIES

VICTORIAN COURT VICTORIAN COURT HIERARCHYHIERARCHY

MAGISTRATES COURTMAGISTRATES COURT

- regulated by the Magistrates Court - regulated by the Magistrates Court Act 1989 (Vic) & run by a Magistrate.Act 1989 (Vic) & run by a Magistrate.

- original jurisdiction only and lowest - original jurisdiction only and lowest court in the hierarchy.court in the hierarchy.

- criminal jurisdiction - hears all - criminal jurisdiction - hears all summary offences and offences that summary offences and offences that are indictable but triable summarily.are indictable but triable summarily.

eg. speeding, drink driving, theft etc.eg. speeding, drink driving, theft etc.

MAGISTRATES COURTMAGISTRATES COURT

- civil jurisdiction - can hear - civil jurisdiction - can hear claims up to $100000. claims up to $100000.

Also has added 3 new divisions – Also has added 3 new divisions – Koori Court, Drug Court & Family Koori Court, Drug Court & Family Violence DivisionViolence Division

Children’s CourtChildren’s Court

- Regulated by the Children and - Regulated by the Children and Young Persons Act 1989 (Vic) & run Young Persons Act 1989 (Vic) & run by a Magistrate. This court hears by a Magistrate. This court hears criminal offences and welfare matters criminal offences and welfare matters involving children under the general involving children under the general age of 18.age of 18.

- criminal jurisdiction - hears all - criminal jurisdiction - hears all summary offences and all indictable summary offences and all indictable offences except murder, offences except murder, manslaughter and culpable driving. manslaughter and culpable driving.

Children’s CourtChildren’s Court

- family jurisdiction - Have the - family jurisdiction - Have the power to hear application for power to hear application for accommodation orders, child accommodation orders, child protection orders and permanent protection orders and permanent care orders.care orders.

Children and Young Persons Children and Young Persons (Miscellaneous Amendment) Act (Miscellaneous Amendment) Act

2005 (Vic.) 2005 (Vic.) The act sought to clarify (among other provisions) The act sought to clarify (among other provisions)

the jurisdiction of the Criminal Division of the the jurisdiction of the Criminal Division of the Children’s Court. It provides that if before or during Children’s Court. It provides that if before or during the hearing for a charge it appears to the Court that the hearing for a charge it appears to the Court that the defendant is of or above the age of 19 years, the defendant is of or above the age of 19 years, but was a child (under 18) when the hearing but was a child (under 18) when the hearing commenced in the Court, the Children’s Court must commenced in the Court, the Children’s Court must hear the case, unless exceptional circumstances hear the case, unless exceptional circumstances exist having regard to:exist having regard to:

the age of the defendantthe age of the defendant the nature of the alleged offencethe nature of the alleged offence the stage of the proceedingthe stage of the proceeding whether the sentencing orders available to the whether the sentencing orders available to the

Children’s Court are appropriateChildren’s Court are appropriate whether the defendant prefers the charge to be whether the defendant prefers the charge to be

heard in the Children’s Court or in the Magistrates’ heard in the Children’s Court or in the Magistrates’ CourtCourt

Coroners CourtCoroners Court

- Regulated by the Coroners Act 1985 - Regulated by the Coroners Act 1985 (Vic) & run by a Coroner whose task is (Vic) & run by a Coroner whose task is to investigate and establish the cause to investigate and establish the cause of death in reportable deaths of death in reportable deaths (through unexpected, unnatural or (through unexpected, unnatural or violent causes).violent causes).

The courts main purpose is to The courts main purpose is to establish the cause of death, identify establish the cause of death, identify the deceased victim and to identify the deceased victim and to identify any people associated with the death.any people associated with the death.

County CourtCounty Court

- Regulated by the County Court Act 1958 - Regulated by the County Court Act 1958 (Vic) & run by a Judge referred to as ‘Your (Vic) & run by a Judge referred to as ‘Your Honour’. A jury of twelve members can be Honour’. A jury of twelve members can be used to determine the guilt of concerned used to determine the guilt of concerned parties, or 15 jurors in longer trials.parties, or 15 jurors in longer trials.

- criminal jurisdiction - hears most - criminal jurisdiction - hears most indictable offences eg robbery & rape. indictable offences eg robbery & rape. They can also hear appeals on fact or They can also hear appeals on fact or severity of sentence from the Magistrates severity of sentence from the Magistrates Court, heard by a single judge.Court, heard by a single judge.

County CourtCounty Court

- civil jurisdiction - hear claims of - civil jurisdiction - hear claims of up to $200000 on property up to $200000 on property damage or breach of contract damage or breach of contract and unlimited claims involving and unlimited claims involving personal injury. Can use of jury personal injury. Can use of jury of 6 or up to 8 in longer of 6 or up to 8 in longer hearings.hearings.

Supreme CourtSupreme Court

- Regulated by the Supreme - Regulated by the Supreme Court Act 1958 (Vic) and adopts Court Act 1958 (Vic) and adopts the same use of juries as the the same use of juries as the County Court.County Court.

- criminal jurisdiction - hears all - criminal jurisdiction - hears all indictable offences, including indictable offences, including murder, manslaughter and murder, manslaughter and treasontreason

Supreme CourtSupreme Court

- civil jurisdiction - - civil jurisdiction - hears cases involving hears cases involving an unlimited amount an unlimited amount of money, but of money, but usually over the usually over the $200,000 limit. They $200,000 limit. They also have the power also have the power to hear cases of to hear cases of injunctions and injunctions and appeals from all appeals from all State courts.State courts.

High Court of AustraliaHigh Court of Australia It is the final court of It is the final court of

appeal and its appeal and its decisions are binding decisions are binding on all courts in on all courts in Australia. The court is Australia. The court is presided over by 1,3 or presided over by 1,3 or 5 justices in its 5 justices in its appellate jurisdiction. appellate jurisdiction. Matters involving the Matters involving the constitution must be constitution must be decided by all 7 judges, decided by all 7 judges, often known as the Full often known as the Full Bench of the High Bench of the High Court.Court.

High Court of AustraliaHigh Court of Australia

- criminal jurisdiction - hears - criminal jurisdiction - hears breaches of federal lawbreaches of federal law

- civil jurisdiction - hears cases - civil jurisdiction - hears cases involving the interpretation of involving the interpretation of the Constitution, disputes the Constitution, disputes between states and between states and governments and cases of governments and cases of breach of treaties.breach of treaties.

Use the following link to complete the Use the following link to complete the online testonline test

http://www.bssc.edu.au/public/learninghttp://www.bssc.edu.au/public/learning_teaching/pd/samples/index.shtml_teaching/pd/samples/index.shtml