Court Function, Procedure & Layout Flashcards
Function of the District Court
The District Court hears and decides on Category 1, 2 and 3 offences.
Category 1 offence
fine only - e.g. fighting
Category 2 offence
imprisonment less than two years or those punishable by a community based sentence or a fine (or both) e.g. intentional damage
Category 3 offence
imprisonment for two years or more, with the right to elect trial by jury
Category 4 offence
This is NOT tried in the District Court.
Category 4 offences must be tried by a HIGH COURT JURY.
Police Function - to enforce the law
To enforce the law
Function of the Courts
To decide on guilt or innocence and to impose appropriate punishment when necessary.
High Court
In this court, a judge and jury hear evidence of charges of the most serious nature (Category 4). For example, murder.
High Court judges also hear appeals on decisions made in the District Court.
Process for charges filed in the District Court
The defendant is notified of the charge(s) and court appearance through the arrest, police bail or police summons process.
The prosecution file is prepared, suitability for diversion is considered and the file is reviewed by a supervisor. A charging document is filed within the required timeframes.
Process that occurs when a NOT-GUILTY plea is entered in the District Court
Following a not-guilty plea, dates are set for a case review hearing, for filing a case management memorandum (CMM). The Prosecutor prepares files for the Case Management meeting and ensures full disclosure has been provided prior to the meeting.
The Prosecutor then meets with the defence lawyer and jointly fills out the Case Management Memorandum (CMM) document which the solicitor then files with the court.
It outlines any agreements, judicial intervention required (sentence indication, sentence, pre-trial rulings and protocol offences.
