Court System in Australia Flashcards
List correctly the State and Local Level Courts
Local Court, Children’s Court, Coroner’s Court, District Court, Supreme Court
Define and Describe Federal Level Court?
Federal Courts are at the same level of importance as Family Court and is adjudicated by three judges. Federal and Family Courts are adjudicated by THREE judges.
What is Local Court?
Local court, Licensing court, Children’s court and some tribunals (depending on legislation) are adjudicated by magistrates. Local courts are adjudicated by one magistrate. Depending on tribunals, there can be a ‘Clerk of the court’ or registrar to assist magistrate by making bail demonstrations.
Describe Children’s Courts?
It is practically the same as local court, but for offenders under 18 years of age.
Describe Coroner’s court?
Relates to reportable deaths and fires under the Coroner’s ACT (Mainly used in mandatory inquests such as deaths in custody, which can be held by a state coroner or one of their deputies. Coroner’s court is presided by a magistrate and holds same level of importance as ‘Supreme Court’
Describe District Court
is Adjudicated by one judge and a jury of twelve or in some cases judges alone by consent by both defense and prosecution. The judge can overturn findings or facts or any point of law and may increase/decrease penalty that was given by the local court magistrate. District court can only attend matters not exceeding the limit of $250,000.
Describe Supreme Courts.
There are two types of Supreme Courts.
- Divisional Level: It only hears generally the most serious criminal cases. It is very expensive; therefore only civil cases involving large sums of money or title to land are heard at this level.
- APPELLATE level consists of court appeal and the court of criminal appeal. This means they hear appeals from the district court and appeals from single judges of the Supreme court. This court is to deal exclusively with appeals arising from criminal trials. Both courts can review and overturn findings and facts. They can both decrease and increase penalties.
What is the Role of a judge?
The role of the judge is to control the proceedings and to decide on questions of law, eg voire dire. The judge also passes sentence on the accused when/if found guilty by the jury. The judge may make decisions on points of evidence, such as; in an objection that evidence was illegally obtained. He/ she at times is called upon to instruct the jury on law and procedure.
Sits in all courts except for the local court.
What is the Role of the Magistrate.
The Magistrate is the presiding judicial officer of a Local Court. A magistrate generally has legal qualifications and is not a judge. The Magistrate must decide on the guilt or innocence of the offender based on the facts presented. The magistrate also passes sentence on the offender if he/she is found to be guilty. A magistrate is required to make judgement and pass sentence in civil claims (no more than
$40,000 00), minor disputes, offences against the tax department and all summary offences, including indictable offences that are to be dealt with summarily. at times are called upon to act as the local Coroner in some deaths and fires.
Describe the role of a prosecutor?
The prosecutor in the Local Court is generally a police officer that has completed the prosecutors Course within the police. The role of the prosecutor is to facilitate criminal matters through the local court. They present the police case against the offender to the magistrate in the local court. In a plea of guilty the prosecutor will hand up to the Magistrate the fact sheet and a certified criminal record, etc to establish the elements of the offence. In defended matters the prosecution must prove beyond reasonable doubt the elements of the offence that you as the informant allege.
Describe the Defence counsel
Consists of the accused and his legal representatives. Accused used to be referred to as the defendant. Defence is also terminology used to describe how the accused and his/her legal representatives are going to fight the court case i.e. if it’s a common assault matter then the defence may be “self defence”. Should the prosecution make out a prima facie case against the accused then the court establishes there is a case for the accused to answer and he / she must then rebut what the prosecution alleges or provide a defence.
Role of the Jury
The jury’s role is to decide on questions of fact and establish whether the accused committed the offence. Jury does not sit in a local court. 12 persons selected from our society. With trials now it is an 11-1 majority for the person to be found guilty.
