Each level of the court structure is designed and empowered to hear different matters. Their system of appeal allows for higher courts to review and control decisions and operations of lower courts.
The Local Court The Local Court is presided over by a magistrate. It has two main functions: To hear and decide cases which involve summary offences. There is no jury and a magistrate can also hear less serious indictable offences. To conduct committal hearings which involve cases where a person has been charged with an indictable offence. The judge must decide whether or not there is a prima facie (reasonable) case. The person is either released or the case will go to trial. This process helps to keep cases that will not succeed, out of the intermediate and higher courts and thus saving court time. The Children’s Court The Children’s Court hears almost any matter, indictable or summary, when the accused is: Less than 18 when charged. Less than 21 when charges for a crime committed when under 18. Ages 10-14 is a “grey” area: It must be first proven that the offender fulfils ‘doli incapax’ or the capacity to understand the offence. Then an only after the capacity is proven, can the original charge be tried. Over 14 – you can completely form criminal intent. The main aim of the Children’s court is to achieve the rehabilitation of the offender. For this reason, the most severe punishment it can issue is time in a juvenile detention centre and the courts are closed in order to ensure rehabilitation of the offender. The Supreme Court It hears matters that involve the most serious indictable offences, as well as hear appeals from lower courts. A single judge and a jury of 12 hear criminal matters. This court hear appeals when magistrates in the local court have made errors in their interpretation of the law. The Justice may affirm or reverse the magistrate’s decision. A person convicted of an indictable offence may appeal the decision to the Court of Criminal Appeal. The double jeopardy rule means that people cannot be retried for the same crime once they have been acquitted. The High Court of Australia This is the highest court in Australia. The high Court hears appeals if they: 1) Relate to a matter of public importance 2) Are required in order for justice to be served. 3) Are required due to conflicting earlier rulings |
The Coroner’s Court The Coroner’s court conducts inquiries into: The cause and manner of death of any person where there has been violence or suspicions, or fire. This court’s task is to see whether there is sufficient evidence to suggest that a criminal act has been committed in which case the matter can be referred to a higher court for trial. The District Court These courts are presided over by judges and heard by a jury.The District Court deals with all indictable offences, apart from murder, attempted murder, treason, assault etc. |