we just did the Magistrates court in class today and i've typed out my notes, the magistrates court is very simple, but for revision notes it looks much too long and perhaps unnecessarily detailed. if you could point out anything I wouldn't need that'd be much appreciated.
Magistrates Court: The Magistrates Court is the lowest court in the hierarchy. It has original jurisdiction over minor civil and political matters. 90% of all civil cases and 95% of all criminal cases are heard in the Magistrates court. The Magistrates court cannot hear appeals
Civil Proceeding’s: The Magistrates court can hear claims up to $100,000. Two methods used to settle disputes are conciliation and arbitration
Conciliation: involves pre-hearing conferences which are used when the court believes it will encourage an out-of-court settlement or if there are issues that can be resolved before a court hearing
Arbitration: Cases in which the claim is less than $10,000 must be settled using arbitration. Arbitration is a less-formal hearing conducted by a registrar who is not bound by the rules of evidence, whose decision is formal and binding
In special circumstances a case concerning less than $10,000 may be heard by the court if the case involves a complex question of law, the facts of the case are not in dispute or the parties involved are in mutual agreement
Criminal proceedings: The Magistrates court doesn’t have the jurisdiction to hear cases regarding sex offences where there has been penetration, armed robbery, murder or manslaughter
Summary Offences: minor offences such as drink driving, speeding and public drunkenness. There is no right to a trial by judge and jury regarding these offences
Indictable Offences heard Summarily: Indictable offences are more serious criminal offences such as theft or robbery. Every person charged with an indictable offence has the right to a trial by judge and jury, but in some instances may be heard by a Magistrate. Offences that can be heard summarily are drug offences, robbery and offences punishable by up to 10 years imprisonment or a maximum fine of $120,000. Three elements must be satisfied for a case to be heard summarily; the prosecutor or defendant must apply to have the matter dealt with summarily, the court must be satisfied the matter is suitable to be dealt with summarily (the offence may be too serious or complex) and the defendant must consent to the matter being heard summarily. An advantage of having a case heard summarily is that the decision is quick and inexpensive and the maximum penalty is less than that which can be imposed in higher courts
Committal: Before serious offences are brought before a higher court a committal is held in the Magistrates court to determine if there is sufficient evidence to secure a conviction in a higher court, these save time and money as if there is insufficient evidence the case is dismissed
Warrants: a legal document used by the courts to authorise a particular act. Types of warrants include; warrant to arrest, remand warrant, search warrants, warrant to imprison. Search warrants can only be issued by a Magistrate or registrar
Other matters heard in the Magistrates court:
Bail Applications: applications also be granted by judges in higher courts and bail justice’s
Family Law and family violence: the Magistrates court has the jurisdiction to deal with matters regarding child and spouse maintenance, contact and residence orders. Can also hear cases regarding intervention orders
Appeals from the Magistrates court: The Magistrates court cannot hear appeals from another court
Criminal Appeals: The County Court can hear appeals against conviction or sentencing which is conducted as a re-hearing of the case. In hearing an appeal the county court may decide to reduce or increase the sentence or dismiss the case and set aside the conviction. Either party may appeal to the Supreme court on a point of law and the supreme court may discharge the appeal and let the magistrates decision stand, quash or overturn the magistrates decision or send the case back to the Magistrates court and instruct them to apply the law as it was applied in the Supreme Court
Civil Appeals: The only right of appeal for a civil case in the Magistrates court is an appeal on a point of law to the Supreme Court. The Supreme court may affirm or reverse the decision or send the case back to the Magistrates court instructing them to apply the law as it was applied in the Supreme Court
Specialist Magistrates Court: These courts aren’t seperate courts but aim to be problem-solving courts and allow the Magistrates court to adopt specialist functions or approaches to deal with specific issues. The courts focus on individuals and avoid merely sanctioning offenders by offering solutions- such as rehabilitation.
Drug Court: Responsible for sentencing and supervising people who have committed offences while under the influence of drugs or to support a drug habit. They impose drug treatment orders aimed at rehabilitating offenders with court-supervised treatment programs. If the offender completes the program no jail sentence will be served
Koori Court: aims to reduce the rate of Aboriginal defendants who fail to appear on bail, the rate of breaches regarding community-based orders and the rate of re-offending. This court is informal and allows the defendants, their families and members of the Aboriginal community to take part in hearings
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