1. Victorian Court Hierarchy

2. Magistrates’ Court
The Magistrates’ Court is the lowest in the court hierarchy. Its current jurisdiction is set out in the Magistrates’ Court Act 1989 (Vic).
Presided over by a Magistrate– NO JURY

3. Magistrates’ Court
Function- deals with small civil disputes and some less-serious criminal offences.
It is the busiest court and deals with about 90% of court appearances.
WHY?

4. Magistrates’ Court Criminal Jurisdiction Summary offences
Indictable offences heard summarily
Committal hearings
Issuing warrants
Bail applications
The maximum sentence that can given by the Magistrates’ Court is two years for a single offence

5. Magistrates’ Court Summary offences
These are minor criminal offences as outlined in acts of parliament (eg Road Safety Act, Summary Offences Act, Firearms Act)
Examples include:
Speeding
Exceeding a blood alcohol content of 0.05
Being drunk and disorderly
Common assault
Can be heard without the defendant present – ex-parte hearings

6. Magistrates’ Court
Indictable offences heard summarily Indictable offences are more serious criminal offences, such as murder and manslaughter. These are listed in the Crimes Act 1958 (Vic.). Every person who has been charged with an indictable offence has the right to be tried by a judge and jury. However, with the consent of the defendant, some indictable offences can be heard summarily in the Magistrates’ Court by a magistrate.

7. Indictable offences heard summarily
Magistrates’ Court
Indictable offences heard summarily
For an indictable offence to be tried summarily three elements must be satisfied:
The prosecutor or the defendant must apply to have the case heard summarily
The court must be satisfied that the matter is suitable to be determined summarily; the court may decide that the offence is too serious or too complex to be heard by a magistrate
The defendant must consent; on the day of the hearing the court will ask the defendant “do you consent that charges against you shall be tried by us or do you desire that it shall be sent to trial by jury?”

8. Indictable offences heard summarily
Magistrates’ Court
Indictable offences heard summarily
Advantages:
The matter will be dealt with relatively quickly and inexpensively
If the defendant is found guilty the maximum penalty is less than if it were heard by the County Court
The Magistrates’ Court is less formal and less intimidating (legal representation is not required)

9. Magistrates’ Court

10. Magistrates’ Court
Committal Hearings These hearings are held in the Magistrates’ Court for all indictable offences. They are a pre-trial procedure and held to determine whether a prima facie case exists Prima facie- there is sufficient evidence to support a conviction by a jury in a higher court

11. Magistrates’ Court Civil Jurisdiction
Hears civil disputes up to $100,000
Matters worth less than $10,000 are referred to arbitration (this is still via the Magistrates’ Court as the arbitrator may be a magistrate or a court registrar)
The Magistrates’ Court has the jurisdiction to operate as a Family Court in certain matters
eg urgent injunctions, Child Support Agency applications, family violence matters

12. Magistrates’ Court
The Magistrates’ Court has NO APPELLATE JURISDICTION for either civil or criminal cases. This is because: ___________________________________________ ___________________________________________

13. Magistrates’ Court Criminal Appeals Civil Appeals
Appeals on sentence or conviction County Court
Appeals of points of law Supreme Court (Trial Division)
Civil Appeals
Appeals on points of law Supreme Court (Trial Division)

14. Magistrates’ Court
The Magistrates’ Court also has a number of specialist divisions
Magistrates’ Court
The Drug Court
The Koori Court
The Family Violence Division
Neighbourhood Justice Centre
Sexual offences List
Assessment and Referral Court List

15. County Court
Function- Deals with a wide range of civil and criminal disputes Hears about 10, 000 cases a year Busiest trial court in Victoria

16. Criminal Jurisdiction
County Court
Criminal Jurisdiction
Has the jurisdiction to hear most indictable offences (drug trafficking, serious assaults and sex offences)
Cannot hear serious indictable offences including:
Murder related offences
Conspiracy
Treason
Criminal trials, in which the accused has pleaded not guilty, are heard before a judge and a jury of 12

17. County Court Civil Jurisdiction
Unlimited jurisdiction to hear all civil disputes, irrespective of the amount claimed
Hears claims against councils (eg where loss or injury occurred from use of roads, buildings etc.)
Plaintiff, defendant and judge are present (parties must pay for the jury)

18. Appellate criminal jurisdiction Appellate civil jurisdiction
County Court
Appellate criminal jurisdiction
Against sentence or conviction from the Magistrates’ Court
Appellate civil jurisdiction
The County Court has NO civil appellate jurisdiction

19. County Court Criminal Appeals Civil Appeals
Appeals on sentence or conviction or point of law
Court of Appeal
Civil Appeals
Appeals on points of law , question of fact or damages

20. County Court
Specialist divisions The County Court has specialist divisions of the Koori Court and Sex Offences List Specialist jurisdictions aim to improve the effectiveness and efficiency of the court

21. Supreme Court
The Supreme Court is the highest Victorian court. The Supreme Court is presided over by a judge referred to as a ‘Justice’.
The Supreme Court consists of:
The Supreme Court (Trial Division)
The Supreme Court (Court of Appeal)

22. Supreme Court– Trial Division
Criminal jurisdiction
Hears all serious indictable offences including:
Murder related offences
Treason
Conspiracy
If the defendant pleads not guilty, a jury of 12 will determine the verdict

23. Supreme Court– Trial Division
Civil jurisdiction
Has unlimited civil jurisdiction (claims of any amount)
Usually hears the more complex cases or where the plaintiff is seeking significant damages
Heard by a single judge and an optional jury of 6

24. Supreme Court– Trial Division
Appellate criminal jurisdiction
Appeals on points of law from the Magistrates’ Court
Appellate civil jurisdiction
Appeals on points of law from the Magistrates’ Court and VCAT.

25. Supreme Court– Court of Appeal
The Court of Appeal is a division of the Supreme Court.
Judges in the Court of Appeal are referred to as ‘Justice of Appeal’
Is usually presided over by 3 (sometimes 2) judges. At the court’s discretion, it can sit with up to 5 justices on matters of ‘significant importance’
The Court of Appeal has NO ORIGINAL JURISDICTION and can only hear cases brought to it from a lower court.

26. Supreme Court– Court of Appeal
Appellate criminal jurisdiction
Appeals on points of law, conviction or sanction from a single judge of the County and Supreme Courts– provided that leave to appeal has been granted.
Appellate civil jurisdiction
Appeals on points of law, damages, question of fact from a single judge of County or Supreme Courts or VCAT.