Court hierarchy

Question 1

Hierarchy of Victorian and federal courts

Answer 1

Federal
- Supreme
- federal court —–> family court

Victorian
-Supreme Court
-County Court
-Magistrates’
Court,Coroner’s Court and Children’s Court

Question 2

Benefits of a court hierarchy

Answer 2

Specialisation

Precedent

Rights of appeal -

Administrative convenience

Question 3

Supreme court

Answer 3

• judge called ‘Your Honour’.
• Criminal - most serious of indictable criminal offences eg. murder, manslaughter and terrorism.

Jury of 12
Civil - civil cases. the plaintiff is seeking large amounts of money (often millions) called damages for the injury/harm they have suffered.

Appeals from this court are heard in the Supreme Court of Appeals.

Question 4

County court

Answer 4

Criminal - It hears quite serious indictable criminal offences such as serious assaults, drug trafficking, serious sex offences and culpable and dangerous driving causing death.

civil - It hears civil cases, normally where the plaintiff is seeking large amounts of money

Question 5

Magistrates court

Answer 5

The lowest court in the hierarchy, this court is presided over by a Magistrate called ‘Your Honour’

busiest court, dealing with over 90% of court appearances.

It hears summary criminal offences such as property damage, driving offences, being drunk and disorderly, common assault and theft.

It hears civil cases where the plaintiff is seeking damages up to $100,000.
It never has a jury and it never hears appeals.

Question 6

Coroner’s Court, Children’s Court

Answer 6

Coroner’s Court:
- Investigates unexpected or suspicious deaths
- by a Coroner
- Can hold a public hearing. This is called an inquest.
- recommendations to the government for new laws

Childrens court
- Purpose is rehabilitation, not punishment
- Always closed to the public

care and protection as the child is at risk through;
Being ill treated or abused
Being abandoned
Having no one to look after them

Question 7

Court terminology

Answer 7

committal hearing - hearings heard in the Magistrates’ Court for serious criminal offences to determine if there is enough evidence for the trial to proceed to a higher court.

Bail - is the release of an accused person back into society while awaiting trial.

Remand - to hold a person in custody while awaiting trial.

Question 8

Drug Treatment Order

Answer 8

A DTO consists of 2 parts:
Custodial - sentence of imprisonment - not exceeding two years - to be served in the community to allow the participant to receive drug and/or alcohol treatment.

Treatment and supervision - aims to address the participant’s drug and/or alcohol dependency