Reasons for a Court Hierarchy - Criminal Flashcards
Mag. Court original jurisdiction
- Summary offences
- Indictable offences heard summarily
- Warrant/bail applications
- Committals
Mag. Court appellate jurisdiction
- N/A
County Court original jurisdiction
- Most indictable offences:
- Rape
- Armed robbery
- Serious drug offences
County Court appellate jurisdiction
- Appeals from Mag. Court on conviction or sentencing
Supreme Court - Trial Division original jurisdiction
- Technically unlimited in criminal offences
- Usually for most serious indictable offences:
- homicide (murder)
- terrorism
Supreme Court - Trial Division appellate jurisdiction
- Appeals from Mag. Court on questions of law
Supreme Court - Court of Appeals original jurisdiction
- N/A
Supreme Court - Court of Appeals appellate jurisdiction
- Appeals from County + Supreme Trial Division
- includes sanction, conviction and questions of law
What is specialisation?
- The level of expertise gained by the judge or magistrate, which is developed from hearing the same matters repeatedly. This allows judges or magistrates to resolve disputes in a more consistent, efficient and fair manner
What does the Mag. Court specialise in?
- Summary/indictable offences heard summarily (need to be resolved quickly)
- Committal proceedings
- Bail/warrant applications
What does the Supreme Court - Court of Appeals specialise in?
- Only court that can hear appeals from County + Supreme - Trial Division
- Expertise in sentencing principles + application of law
What are appeals?
- The legal process in which a party who is dissatisfied with the outcome of their case and has a relevant reason can seek a review of the court’s decision by a higher court
Three grounds for appeals
- Conviction (offender can argue burden/standard hasn’t been met and therefore appeal verdict)
- Sentencing (prosecution can appeal leniency and the offender can appeal the severity)
- Question of law (appellant can argue law is applied incorrectly, such as allowing inadmissible evidence)
Strength of court hierarchy in achieving fairness
- Fairness is promoted through specialisation as individual courts are able to develop their expertise in dealing with particular crimes and areas of law. Cases are presided over by skilled and knowledgeable judges who are able to ensure open and impartial processes, and thus a just outcome
Weakness of court hierarchy in achieving fairness
- Some offenders may not be able to appeal the outcome of a case in a higher court if they cannot afford the fees associated with an appeal. This limits the ability of an offender to have any errors in the outcome resolved, meaning in such cases the court hierarchy may not deliver a fair outcome for all
Strength of court hierarchy in achieving equality
- The court hierarchy facilitates the ability to appeal decisions, and all parties have this right to appeal, regardless of race, sex or gender, given their appeal is on valid grounds and the judicial officer presiding over the case has given the party leave to appeal
Weakness of court hierarchy in achieving equality
- Due to the costs associated with an appeal, appeals are not equally accessible to all parties. As a government department, the Office of Public Prosecutions has these necessary resources compared to the accused
Strength of court hierarchy in achieving access
- The court hierarchy promotes access to justice by enabling the appeals process to occur, which facilitates the review of judicial decisions. This better enables accused persons to engage with the justice system and its processes
Weakness of court hierarchy in achieving access
- Grounds for appeal must exist and leave to appeal may be necessary. Combined with the high cost of legal representation, this may render some cases ineligible or unable to be reviewed by a higher court
