Magistrates Court

Question 1

Magistrates court

Answer 1

The lowest court in the Victorian court hierarchy. The Magistrates’ Court deals with small civil disputes (up to $100000) and summary offences and indictable offences heard summarily as well as all committal proceedings. Hearings are presided over by a magistrate.

Question 2

Structure

Answer 2

The Magistrates’ Court consists of the chief magistrate, deputy chief magistrates, magistrates, judicial registrars and registrars. The court is divided into a number of jurisdictions or specialist lists such as the drug court and the industrial divisions as well as the civil division and criminal division.

Question 3

Criminal jurisdiction

Answer 3

• summary offences
• indictable offences heard and determined summarily
• committal proceedings
• issuing warrants
• bail applications.

Question 4

Magistrates court and sentencing

Answer 4

The maximum sentence that can be given by the Magistrates’ Court is two years for a single offence (and three years for certain prescribed offences). The Magistrates’ Court cannot impose a sentence of more than five years in total for more than one offence.

Question 5

Warrants

Answer 5

A warrant is an order of the court. The Magistrates’ Court may issue warrants such as a warrant to arrest or a search warrant.

Question 6

Referral to arbitration

Answer 6

The Magistrates’ Court refers complaints in which the amount of money sought is less than $10000 to arbitration. Arbitration is a method of resolving disputes without the formal court process. An independent arbitrator will listen to both sides and make a decision that is binding on the parties. The arbitrator can be either a court registrar or a magistrate.

Question 7

Appeals

Answer 7

The Magistrates’ Court is not able to hear appeals in criminal or civil matters because it has no appellate jurisdiction (as there is no court lower than the Magistrates’ Court).

Question 8

Civil jurisdiction

Answer 8

The magistrates court can hear civil disputes up to the value of $100,000 with disputes of less than $10,000 being referred to arbitration in the magistrates court.

Question 9

Drug court division

Answer 9

Sentencing and supervising the treatment or support of offenders who have drug problems, and have committed an offence involving drugs. It deals with offenders who plead guilty to drug-related crimes that are within the jurisdiction of the Magistrates’ Court and punishable by imprisonment. The Drug Court will not deal with sexual offences/assault causing bodily harm.

Question 10

Koori court division

Answer 10

Established to provide fair and culturally relevant justice services to the Indigenous community, including sentencing supervision. The accused must be Indigenous and the offence must be within the jurisdiction of the Magistrates’ Court, other than sexual offences/family violence/breaches of an intervention order. Koori elders can advise the court on Aboriginal cultural issues.

Question 11

Is theft under $100,000 an indictable offence or summary offence.

Answer 11

It is an indictable offence that is usually heard summarily.