5.3 - The Magistrates Court

1. 5.3 - The Magistrates Court

2. Original Jurisdiction onlyNo Appellate Jurisdiction

3. The Magistrates’ Court of Victoria • The lowest court of the Victorian Hierarchy • Presided over by a Magistrate ‘Your Worship (now) ‘Your Honour’ • Since 1978 they need a law degree with practice as a barrister or solicitor • There are over 50 such courts throughout Victoria • Decides on the case, based on the facts, a sanction or a remedy. • There is no jury • No appellate jurisdiction • Original jurisdiction –criminal and civil cases

4. Magistrates’ Court hears 90% of all disputes that proceed to court Minor or summary offences; • Shoplifting • Drunk and disorderly • Wilful damage • Resisting arrest • Traffic offences e.g. drink driving • Minor assault • Possession of small quantities of illegal drugs • Magistrate has limits on imposing a prison term (2 years of one offence, 5 multiple)

5. Criminal – Indictable Offences heard summarily • Indictable Offences heard summarily – refers to serious offences that can be heard in the Magistrates’ Court if the prosecution requests this and the defendant consents. • E.g. theft (under $25,000), assaults, aggravated burglary, motor vehicle theft, illegal pawning • The offender is entitled to a trial with a judge and jury • The offender has chosen for the case not to be heard in County Court but in the Magistrates’ Court

6. What are the advantages of this for the offender? Example 1. A person accused of shopstealing would ordinarily be charged with theft and tried by a judge and jury in the County court. The cost of proceeding with the case may be much greater than the value of the goods stolen. To overcome this problem the Magistrates’ Court has been given the power to hear some indictable offences as summary trials(Indictable offences heard summarily). This is quicker and cheaper for the defendant and the courts.

7. Example 2 • The defendant has appeared in the Magistrates’ Court to apply for bail. Bail is denied and she is remanded in custody. She now has to wait till her trial in the County Court. The waiting time is longer in the County Court because Magistrates Courts deal with matters more quickly. She would elect to have her case heard in the Magistrates Court

8. Example 3 • If the defendant is found guilty by the court the maximum penalty that can be issued by the Magistrate is less than the penalty given by the Judge in the County Court. • 2 years maximum for one offence, 5 years maximum for multiple offences

9. Frequency of cases • Failing breath tests 8203 • Speeding 7211 • Unregistered vehicle 7186 • Drugs possession 6053 • Careless driving 5437 • Theft 26 459 • Obtaining property by deception 10 093 • Drunk in a public place 12 627 • Driving while disqualified/suspended/cancelled 12 029 • Failure to answer bail 5738

10. Committal Hearing • This is a pre-trial procedure • Before a case can go to the County or Supreme Court the Magistrate conducts a preliminary hearing • This is conducted in Magistrates’ Court to establish whether there is a prima facie case to proceed to trial • If there is sufficient evidence, the accused can be granted bail (released from custody) or remanded in custody until the trial. • What is the purpose of this Committal Hearing?

11. Civil Jurisdiction • Hears matters up to $100.000 since 2005 • If all parties agree cases involving higher amounts may be heard • If the claim is under $10,000 the matter will go to compulsory arbitration • Types of disputes include; • Motor vehicle repairs • Negligence claims • Contractual disputes • Workcover (workers compensation)

12. Arbitration in the Magistrates’ Court • Less than $10 000 • Only in civil matters • No formal court process • Independent arbitrator or court registrar (sometimes a Magistrate) will listen to both sides & make decision • Decision is legally binding

13. Your Turn Complete Questions 1 – 4 (Page 196)