1. VCE Legal Studies: Evaluating the role of the court as a law-maker
9/12/2018
Legal Studies
U4.AOS1
Dispute Resolution Methods

2. Jurisdiction of Victorian Courts

3. VCE Legal Studies: Evaluating the role of the court as a law-maker
9/12/2018
Learning Intentions
At the end of this topic, we will be able to:
4.1.2 Explain the Original and appellate jurisdictions of the Victorian Magistrates’ Court, County Court, and the Supreme Court (Trial Division and Court of Appeal)
4.1.7 Define key legal terminology and use it appropriately
4.1.8 Discuss, interpret and analyse legal information and data
Describe the jurisdiction of specific courts within the Victorian court hierarchy
SD 26

4. Dispute Resolution Reasons for court hierarchy
Original and appellate jurisdictions
Role of VCAT
Dispute resolution methods
Evaluating dispute resolution methods
Evaluating operation of the courts and VCAT

5. Recap Quiz on Jurisdiction
Write a one-sentence answer to each question in your notebook:
Define the term jurisdiction.
Define the term original jurisdiction.
Define the term appellate jurisdiction.
Explain the difference between criminal law and civil law.
Fill in the blanks:
The person bringing the appeal is known as the ___ and the other party is the ___.
The first instance heard in the Magistrate’s Court is called a ______ and in the Supreme Court is called a _____.

6. Magistrate’s Court

7. Magistrates’ Court Overview
The Magistrates’ Court of Victoria is the lowest court in the Victorian court hierarchy.
Its current jurisdiction is set out in the Magistrates’ Court Act (Vic.) although the court was established long before 1989.
Where is the court?
53 different locations around Victoria
What types of cases does it hear?
Criminal: summary offences, indictable offences heard summarily, committal proceedings*, warrants.
Civil: up to the value of $
Can the court hear appeals? No
Who presides in the court?
One magistrate.
There is no jury.
* A committal proceeding is used to establish whether the evidence in indictable cases is of sufficient weight to support a conviction at trial in the County Court or Supreme Court.

8. Structure of the Magistrates’ Court
The Magistrates’ Court consists of the chief magistrate, deputy chief magistrates, magistrates, judicial registrars and registrars. The court is divided into a number of jurisdictions or specialist lists.

9. Criminal Jurisdiction of the Magistrates’ Court
The court has original criminal jurisdiction over:
Summary offences
Indictable offences heard and determined summarily
Committal proceedings
Issuing warrants
Bail applications
The Magistrates’ Court does not have jurisdiction to hear:
 sex offences where there has been penetration
 armed robbery or aggravated armed robbery
 trafficking in large quantities of drugs
 murder, attempted murder and manslaughter
indictable offences involving theft or criminal damage to property in excess of $

10. Criminal Jurisdiction of the Magistrates’ Court
1. Summary Offences
All summary offences are heard in the Magistrates’ Court.
Summary offences are minor criminal offences, such as road traffic offences (e.g. careless driving), minor assault, property damage and offensive behaviour.
Summary offences are listed in Acts of Parliament, such as the Road Safety Act, and Summary Offences Act.
These offences are heard by a magistrate. There is no right to a trial by judge and jury for these offences.*
A magistrate can give a prison sentence of no more than 2 years for an offence (or 5 years for multiple offences).
* Do not confuse this with the Constitution’s express right to trial by jury for Commonwealth indictable offences! Spot the difference?

11. Criminal Jurisdiction of the Magistrates’ Court
2. Indictable Offences Heard Summarily
Indictable offences are serious offences that can be heard before a judge and jury in the superior courts including the County Court and the Supreme Court.
These offences are listed in the Crimes Act 1958 (Vic.).
Every person charged with an indictable offence has the right to a trial by judge and jury.
However, the less serious indictable offences can be heard in the Magistrates’ Court. These are known as indictable offences heard and determined summarily.
Relevant offences include those with a maximum jail term is 10 years or less (although the Magistrates’ Court cannot give a sentence of that length) or a maximum fine of 1200 penalty units (approximately $160000).

12. Criminal Jurisdiction of the Magistrates’ Court
2. Indictable Offences Heard Summarily
For an indictable offence to be heard summarily the following must occur:
Prosecutor or the accused must apply to the court for the case to be heard summarily instead of before a judge and jury.
Court must be satisfied that the matter is suitable for hearing summarily (not too serious or complicated).
The accused must consent.
Why have your case heard summarily in the Magistrates’ Court?
Cheaper and quicker
If the defendant is found guilty by the court, the maximum penalty that can be issued by a Magistrates’ Court is less than the maximum penalty that a judge of the County Court can hand down.

13. Criminal Jurisdiction of the Magistrates’ Court
3. Committal
More serious indictable offences are prosecuted in the County Court or the Supreme Court, depending on the nature and seriousness of the crime.
However, before the case is brought to trial, a committal is conducted in the Magistrates’ Court to determine whether there is a case against the defendant.
If the magistrate decides that there is sufficient evidence against the accused, the case proceeds to trial. If not, the accused is released until such time as the police find additional evidence.

14. Criminal Jurisdiction of the Magistrates’ Court
4. Warrants
A warrant is a legal document used by the court to authorise a particular act. For instance, a warrant to arrest allows a police officer to arrest and detain a suspect.
All warrants, other than a search warrant, may be issued by a registrar or a magistrate. A search warrant can only be issued by a magistrate.

15. Criminal Jurisdiction of the Magistrates’ Court
5. Bail Applications
Bail is a process whereby an accused is allowed to go free until the time of the trial on a promise to appear at the hearing or trial.
Applications for bail may be made at several stages in the criminal process.
Bail can be granted at a police station, by a bail justice or by a magistrate.
In most instances, a bail justice will decide bail.
Judges in the County Court or Supreme Court also can hear bail applications.

16. Civil Jurisdiction of the Magistrates’ Court
The Magistrates’ Court has the power to hear civil claims up to $
The type of dispute can vary. Examples of civil disputes heard in the Magistrates’ Court include:
claims in relation to a motor vehicle accident
claims under torts such as negligence, trespass and defamation
personal injury claims.
The Magistrates’ Court refers complaints in which the amount of money sought is less than $10000 to arbitration.
Arbitration is a method of resolving disputes without the formal court process.
An independent arbitrator will listen to both sides and make a decision that is binding on the parties. The arbitrator can be either a court registrar or a magistrate.

17. Civil Jurisdiction of the Magistrates’ Court
How are the civil disputes resolved?
There are a variety of dispute settlement methods that can be used by the Magistrates’ Court to settle civil disputes.
These methods include mediation, conciliation and arbitration.
If no agreement is reached, the Magistrates’ Courts will use judicial determination.
MABL p 209

18. Appeals to the Magistrates’ Court?
The Magistrates’ Court is the lowest court in the Victorian court hierarchy.
It therefore has no power to hear appeals from any other court.
However, in cases where a defendant was not present at the time of the hearing, the defendant can apply to have the case reheard by the court. This is NOT an appeal, it is a rehearing.

19. Appeals from the Magistrates’ Court?
Definitions
Discharge appeal: approve the decision of the Magistrate’s court
Quash: overturn Magistrate’s decision because it was an error in law.
Remit: send matter back to Magistrate’s Court, directing the magistrate to apply the law as stated by the Supreme Court.
Dismiss: set the conviction aside and dismiss the case
DPP cannot bring an appeal against the County Court decision, only the accused can.
Civil appeals

20. Specialist Divisions of the Magistrates’ Court
The Magistrates’ Court has a number of special divisions whose purpose is to improve outcomes for the parties and the community.
These are not separate courts, but are divisions of the Magistrates’ Court that provide specialist functions or processes.

21. Specialist Divisions of the Magistrates’ Court
Examples:
Drug Court
Responsible for sentencing and supervising the treatment or support of offenders who have drug problems, and have committed an offence while under the influence of drugs or to support a drug habit.
Koori Court
Established to provide fair, equitable and culturally relevant justice services to the Indigenous community, as well as providing the Indigenous community with greater protection and participation in the sentencing process for summary offences.
Family Violence Court Division
Emphasis is on making those who have committed acts of family violence more responsible for their actions, and helping them to change their behaviour.

22. County Court

23. County Court Overview
The County Court of Victoria is an intermediate court, placed between the Magistrates’ Court and the Supreme Court in the Victorian court hierarchy.
Where is the court?
Melbourne and circuit sittings in major country areas.
What types of cases does it hear?
Criminal: all indictable crimes except the most serious, such as murder, treason and murder-related offences.
Civil: unlimited jurisdiction for civil claims for personal injuries and other personal actions.
Can the court hear appeals?
Hears appeals from a Magistrates’ Court involving sentencing or conviction in criminal matters.
Who presides in the court?
A judge presides over cases, and juries may be empanelled for trials.

24. Structure of the Magistrates’ Court
The Magistrates’ Court consists of the chief magistrate, deputy chief magistrates, magistrates, judicial registrars and registrars. The court is divided into a number of jurisdictions or specialist lists.

25. Criminal Jurisdiction of the County Court
The County Court in Victoria has jurisdiction to hear most indictable offences, including:
drug trafficking, serious assaults and sex offences such as rape.
The offences that cannot be heard in the County Court and must be heard in the Supreme Court are:
murder and attempted murder
certain conspiracy charges and corporate offences
treason and misprision of treason (concealing an offence of treason).

26. Criminal Jurisdiction of the County Court
When the accused pleads not guilty, the cases are heard before a judge and a jury of 12:
The jury listens to the facts and decides whether the accused is guilty or not guilty.
The judge instructs the jury on the relevant law, sums up the evidence to the jury, and sentences the accused if he or she has been found guilty.

27. Civil Jurisdiction of the County Court
The County Court has unlimited jurisdiction to hear all civil disputes, irrespective of the amount claimed.
A judge sitting alone hears civil cases in the County Court.
A jury of six members can be used, but only if requested by the judge, a plaintiff (person bringing the case) or a defendant (person against whom the case is brought)
The jury will decide on the facts, and will decide in favour of either the plaintiff or the defendant.
If there is no jury, then the judge will decide on the facts and the outcome of the case.

28. Appeals from the County Court?
An appeal against the decision of a judge in the County Court can be heard by the Supreme Court, Court of Appeal.
In civil matters, the appeal can be heard on the following grounds:
a point of law
a decision as to the facts
the amount of damages awarded.
In criminal matters, the appeal can be heard on the following grounds:
against conviction on a question of fact
against the severity or leniency of the sentence.

29. Supreme Court Trial Division

30. Supreme Court Overview
The Supreme Court of Victoria is a superior court of record.
Cases heard in the Supreme Court (both the Trial Division and the Court of Appeal) are recorded and may be used as precedents in future cases.
It is the highest court in the state hierarchy although appeals can be made to the High Court.
The Supreme Court has two divisions:
Trial Division
Court of Appeal.

31. Supreme Court (Trial Division) Overview
The Supreme Court (Trial Division) is divided into the Criminal Division, the Common Law Division and the Commercial and Equity Division. The Common Law Division and the Commercial and Equity Division deal with civil matters.
Where is the court?
Melbourne and circuit sittings in major country areas.
What types of cases does it hear?
Criminal: the most serious indictable crimes, such as murder, treason and murder-related offences.
Civil: unlimited jurisdiction for civil claims.
Can the court hear appeals?
A single judge of the Supreme Court hears appeals from the Magistrates’ Court on a point of law or some VCAT cases on a point of law.
Appeals from the County Court and from a single judge of the Supreme Court are heard by the Court of Appeal.
Who presides in the court?
A judge, and a jury for all criminal cases where the accused pleads not guilty or in civil cases where agreed to by the parties.

32. Criminal Jurisdiction of the Supreme Court
The Supreme Court (Trial Division) hears the most serious criminal cases, such as murder, attempted murder, treason and some conspiracy offences.
Jury?
All criminal cases in which the accused is pleading not guilty are heard before a judge and a jury of 12 (additional jurors can be empanelled for longer trials).
If the accused is pleading guilty, no jury is empanelled.

33. Civil Jurisdiction of the Supreme Court
The Supreme Court has unlimited civil jurisdiction and can hear civil cases claiming any amount.
Due to the County Court and the Supreme Court both having unlimited civil jurisdictions, it is up to the parties to decide in which court to lodge their paperwork to commence legal proceedings.
Jury?
A civil case is heard before a judge alone or, if the parties agree, before a judge and a jury of six.
The Supreme Court refers some civil cases to mediation so that they can be dealt with quickly, informally and cheaply.

34. Appeals to the Supreme Court?

35. Appeals to the Supreme Court?
A single judge of the Supreme Court Trial Division can hear appeals from:
Civil cases:
From the Magistrates’ Court on a point of law.
From the Victorian Civil and Administrative Tribunal
Criminal Cases

36. Appeals from the Supreme Court?
The Supreme Court (Trial Division) can appeal to the Supreme Court (Court of Appeal):
In civil matters, the appeal can be heard on the following grounds:
a point of law
a decision as to the facts
the amount of damages awarded.
In criminal matters, the appeal can be heard on the following grounds:
against the severity or leniency of the sentence.

37. What is a point of law vs a point of fact?
THE DEFINITION OF TRAFFIC LIGHTS
A man sitting at traffic lights stuck on red decides to drive through the traffic lights, thinking they are broken.
If he is picked up by the police for driving through traffic lights showing red, the case will be taken to the Magistrates’ Court.
If he is found guilty of driving through traffic lights showing red, and the traffic lights really were broken at the time, the question could be raised whether broken traffic lights fit the description of ‘traffic lights’.
The interpretation of the words ‘traffic lights’ is a point of law, not a point of fact. The accused could therefore appeal to the Supreme Court to clarify the definition of ‘traffic lights’. If the Supreme Court decided that broken traffic lights are not traffic lights under the law, the conviction would be quashed and any penalty cancelled.

38. Supreme Court Court of Appeal

39. Supreme Court (Trial Division) Overview
The Court of Appeal is a division of the Supreme Court of Victoria.
It has no original jurisdiction
It the highest Victorian appeal court.
Where is the court?
Melbourne and circuit sittings in major country areas.
What types of cases does it hear?
All appeals from SC Trial Division constituted by a single judge
All applications for new trials
All appeals from the County Court
All appeals from VCAT when the tribunal was constituted for the purpose of making an order by the president or VP of the tribunal
All appeals where a particular Act states that the appeal must be heard before the Court of Appeal.
Can the court hear appeals?
Yes, from judgments by single judges of the Supreme Court and the County Court. Leave must be sought for these appeals.
Who presides in the court?
The court usually sits with 3 judges but can have 5 judges if the matter before it is of ‘significant importance’. There is no jury.

40. Structure of the Supreme Court
The Court of Appeal consists of:
9 permanent judges
1 president and
1 chief justice of the Supreme Court.
The chief justice of the Supreme Court is the state’s most senior judge.
The court usually sits with 3 judges but can have 5 judges if the matter before it is of ‘significant importance’.

41. Criminal Jurisdiction of the Supreme Court
A person who has been found guilty in the County Court or Supreme Court may appeal to the CoA on the following grounds:
on a point of law
on a conviction
on the severity of the sanction.
The OPP may only appeal against the leniency of the sentence, not against an acquittal.
The CoA will not hear the facts again. It reads the record of the evidence presented at trial and listens to the arguments presented by both sides at the appeal.
The CoA may:
dismiss an appeal
allow an appeal
quash the sentence passed at trial and impose a new sentence, which may be longer or shorter than the original sentence
order a new trial

42. Criminal Jurisdiction of the Supreme Court
The Court of Appeal hears appeals in its civil jurisdiction from:
The County Court
A single judge of the Supreme Court.
Victorian Civil and Administrative Tribunal when the tribunal has been constituted for the purpose of an order being made by the president or a vice-president.
The grounds for appeal in a civil matter include:
a point of law
a question of fact
the amount of damages.

43. Appeals from the Court of Appeal?
Criminal and civil appeals from decisions of the Court of Appeal are heard by the Full Court of the High Court.

44. Case Transfers

45. Case Transfers
While courts tend to hear mainly the cases within their jurisdictions stated above, it is possible for cases to be transferred between the Magistrates’ Court, County Court and Supreme Court on the decision of the chief justice of the Supreme Court.
This may be done due to the seriousness or complexity of the case, or to spread the workload.
For example, the chief justice has directed some sex crime cases and serious drug matters to be heard by the Supreme Court to ‘show judicial leadership in these difficult types of cases’.
The trial of Thomas Towle, who was charged with six charges of culpable driving among other offences, was transferred to the Supreme Court from the County Court because of the severity of the offences.

46. Question Sort
Individually brainstorm at least 3 questions for Unit 4 AOS1. Write these on a post-it note.
Place the post-it on a continuum:
Y-axis = Is this a low or high order thinking question?
Low order questions generate a surface understanding and are essential before progressing to higher order questions (eg. identify, define, state)
High order questions create a deep understanding (e.g. discuss, justify, evaluate)
X-axis = How much does this question contribute to your understanding of Unit 4 Outcome 1?