Jurisdiction Flashcards
What is the Jurisdiction of the MCV?
MCV is the principle summary jurisdiction in Victoria and is comprised of Magistrates’, Registrars and Judicial Registrars. It hears summary offences and, on application or offer, indictable offence that can be heard summarily.
What are the maximum penalties that can be imposed in the MCV?
Per s113B, the maximum cumulative period for offences is 5 years. A single IOTS is punishable by a maximum of 2 years (s113), and the maximum term of imprisonment for a summary offence is 2 years even if the provision allows for a longer sentence (s113A).
Why are certain offences heard in the SCV instead of the CCV?
The CCV is an intermediate level of the Court Hierarchy and has jurisdiction over all indictable offences except: treason; murder; manslaughter; attempted murder
This is because the SCV deals, in practise, with more complex and lengthy offences including the offences mentioned above. Therotically, the SCV can hear an indictable offence that may also be heard in the CCV if the DPP seek to file an indictment in the SCV, but must have regard to matters listed in s160(2)(a-d).
