County Court

Question 1

County court

Answer 1

An intermediate court, placed between the Magistrates’ Court and the Supreme Court in the Victorian court hierarchy. Cases are presided over by a judge, and juries may be empanelled for trials. The court hears criminal and civil cases.The County Court deals with a wide range of civil and criminal matters in its original jurisdiction and appeals from the Magistrates’ Court.

Question 2

Structure of the county court

Answer 2

The court consists of a chief judge, judges, associate judges and the registrar of the court. A judge is addressed as ‘Your Honour’.

Question 3

Criminal jurisdiction

Answer 3

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).

Question 4

Trials in the county court

Answer 4

In criminal trials the prosecution conducts the case on behalf of the state. 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.

Question 5

Civil trials in the county court

Answer 5

A judge sitting alone hears civil cases in the County Court. A judge, a plaintiff or a defendant may request that a jury be empanelled. If a jury is requested, it will be a jury of six. 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.

Question 6

Criminal appeals

Answer 6

Appeals from the Magistrates’ Court by an offender against a conviction and/or sentence.

The Office of Public Prosecutions may also appeal against a sentence because of its leniency.

Question 7

Civil appeals

Answer 7

The County Court does not have the jurisdiction to hear appeals in civil matters except where an Act specifically provides for appeals to be heard in the County Court.

Question 8

Civil jurisdiction

Answer 8

The county court has unlimited civil jurisdiction in civil matter. Civil matters are presided over by a judge and optional jury of 6.

Question 9

County Koori Court

Answer 9

It ensures greater participation of the Aboriginal community in the sentencing process. The.Indigenous elders provide Aboriginal people with a more culturally appropriate justice process. The jurisdiction of the Koori Court includes sentencing for all offences dealt with in the criminal jurisdiction of the County Court except sexual offences and most family violence cases. They can also hear appeals against sentences imposed by the Magistrates’ Court.

Question 10

Sexual offences list

Answer 10

A Sexual Offences List of the County Court was established in 2005 to manage pre-trial hearings with respect to sexual offence cases.
Pre-trial management of directions hearings and committal hearings by a judge is undertaken to ensure a more efficient trial process and be more responsive to the needs of all participants, including the victims of sexual offences.