5.4 – Specialist jurisdictions within the Magistrates Court 1

5.4 Specialists jurisdictions within the Magistrates Court 2 Take note of the Koori Court, Drug Court, FV Court, NJH, Sexual Offences List and ARC List explanations as shown in blue on pages 198 & 199 A specialist court attempts to take a more individualised and service-focussed approach to the sentencing of special needs groups and provides a more realistic method of justice for these groups.

Overview of the Magistrates Court The Magistrates’ Court of Victoria, was established under section 4 of the Magistrates’ Court Act There are 114 magistrates, 14 reserve magistrates, eight judicial registrars, 546 staff and 75 elders and respected persons. The Court hears and determines 300,000 cases each year and about 2,500,000 people visit the Court during the year. 3

Criminal Law Statistics 4

Civil Law Statistics 5

Intervention Orders 6

Top 15 Offences presented to the Magistrates Court 7

Specialist Courts There has been a number of these established in the Magistrates’ Court in recent years 8

Specialist Courts Aims  Improve outcomes for those presenting & the community  Respond to revolving door nature of crime & punishment  Participants have underlying issue/s such as being socially, culturally disadvantaged, mental health, substance abuse, disability, homelessness  Attempt to address pre-existing issues that lead to offending 9

How are they different?  Less formal  More flexible than Magistrates’ Court  Participants are more comfortable which encourages greater compliance with court orders  More individual approach 10

Drug Court  Started in 2002 in Dandenong  Offenders must plead guilty  The court deals with sentencing & supervision of the treatment of offenders with drug/alcohol dependency while under the influence or to support their habit)  Focus is on rehabilitation  Custodial sanctions (imprisonment) don’t adequately address drug use  Drug treatment order can be ordered which involves drug testing, counselling, treatment, education, detox.  Tries to reintegrate offenders back into the community 11

Koori Court  Why is one needed?  12 x more likely to end up in jail than a non Aboriginal  High number of deaths in custody (Royal Commission)  Created in 2002  It assists in addressing issues relating to their offending behaviour  Gives the Koori community greater participation in the hearing and process 12

Aims of Koori Court  Deter re-offending  Increase the ownership of administering justice  Increase positive participation  Make the family and Koori community more accountable 13

How is it different?  Less formal proceedings  Large round table approach with family Magistrate, Justice worker, prosecution, offender etc.  Plain English used, not technical language  Magistrate can take advice from Elders Conditions;  Plead guilty, not sexual or family violence involved  Shows intention to take responsibility 14

Family Violence List  Started in Ballarat in 2005 and 4 others now  It provides easier and simpler access to justice system for victims and those affected  Promotes the increased safety for those affected  Protects children in the family  Increases the accountability to change behaviour 15

Features  Special support services located at the court  More security officers  Legal and outreach workers  Trained Magistrates  Intervention orders made easier to process  Giving evidence through closed circuit TV  Support person in witness box with person giving evidence  Was first trialled in Heidelberg and Ballarat now in Sunshine, Melbourne, Frankston; shows the success. 16

Sexual Assault List  There is an increased incidence of sexual violence  Significantly unreported  VLRC recommended reforms to allow a fairer approach for victims (video facilities, trained staff)  Victims are women, children, vulnerable, mentally impaired and are usually known to the offender  Started as a pilot list in

Evaluation of the Sexual Offences List  The final report of the Sexual Assault Reform Strategy states;  Improved efficiency in case preparation  Improved efficiency in the conduct of hearings  Victims reported an improved experience with the courts and justice systemreport; 70 victims of sexual assault surveyed 83% would recommend reporting a sexual assault to police & pursuing though the courts. 60% without reservations. 18

Assessment and Referral Court  Aim is to meet the needs of the accused with mental illness &/or cognitive impairment  Provides case management such as psychological assessment, referral to services etc  Aims to reduce harm to the community  Improve the wellbeing of accused  Increase the options for the offender  Decrease numbers ending up in prison 19

Eligibility  Not violent  Non sexual crime  Mental illness  Intellectual disability  Neurological impairment (e.g dementia) 20

Neighbourhood Justice Centre  2007 first of its kind in Australia  Multi Jurisdictional – VCAT, Children's, Victims of Crime Tribunal  A chief Magistrate deals with all disputes ( residential tenancy, victims of crime, small civil claims)  Aims to address the underlying causes of the offence  Offenders are diverted to a variety of treatments;  Legal advice, mediation, employment, housing, mental health, counselling etc. 21

Recent Developments  Magistrates’ Court jurisdiction has expanded to meet the needs of a changing community and legal system. It has therefore seen an increase in workload  To continue to be efficient they have introduced arbitration, mediation, Children’s and County Koori courts, drug court etc. 22

Magistrates’ Court Annual Report  Has maintained efficiency  Backlog of cases have decreased 11% decrease in backlog of criminal cases 23% decrease in backlog of civil cases since

Your Turn  Complete question 1 on page 199  Complete question 2 (BUT) only outline the original and appellate jurisdiction of the Magistrates Court 24