Role of courts and criminal jurisdiction Flashcards
Role of courts
> The role of the criminal courts are to determine a criminal case and impose a sanction.
> The court hierarchy ranks each court according to which types of cases it has the authority to determine, which is known as the court’s jurisdiction.
Determine a criminal case
> Manage and hear criminal proceedings.
> A judge or magistrate will act as an impartial referee
> As part of determining the guilt of an accused person:
provides specialisation and expertise in the type of case it is hearing
give orders and directions to parties about the timeline
hears appeals: appeals can be on conviction, sentence or point of law.
Impose a Sanction
> If the accused is found guilty or pleads guilty, a date for a plea hearing takes place.
> Submissions are made about the facts of the case, the offender’s circumstances and relevant factors to take into consideration in sentencing, and the type of sentence.
> Following the plea hearing, the judge or magistrate hands down a sanction.
Overview of criminal jurisdiction in Vic
> The court hierarchy ranks each court according to which types of cases it has the authority to determine, which is known as the court’s jurisdiction.
> A court can have two types of
criminal jurisdiction:
> Original jurisdiction – first instance
> Appellate jurisdiction – on appeal
The Magistrates Court
> The Magistrates’ Court is responsible for hearing a large number of minor criminal cases (over 90% of all criminal matters in Victoria).
> Original jurisdiction:
> All summary offences such as minor traffic offences and assaults
> Indictable offences heard and determined summarily.
> Committal proceedings
> Bail and warrant application
> The Magistrates’ Court has no appellate jurisdiction
The County Court
> Original jurisdiction and Appellate jurisdiction
> All indictable offences, except those very serious ones like murder e.g. culpable driving, armed robbery, sexual offences
> Criminal appeals from the Magistrates’ Court against either a conviction or a sentence
The Supreme Court (Trial Division)
> Original Jurisdiction:
> Has jurisdiction to hear all offences but usually hears the most serious indictable offences e.g. murder and treason
> If the accused pleads ‘not guilty’ the case will be heard before a judge and jury. If the accused pleads ‘guilty’, the accused will be sentenced by a judge alone
> Appellate jurisdiction:
> Appeals form the Magistrates’ Court on a question of law
The Supreme Court (Appeal)
> No original jurisdiction, only hears appeals
> Hears appeals from criminal cases heard in the County Court and Supreme Court (Trial Division)
> An appeal is usually heard before 3 Supreme Court justices
> A right to appeal is not automatic and leave (permission) to appeal must first be obtained
Which court and original or appellate jurisdiction?
Sophia was charged with stealing a
packet of chips and a can of Coco-Cola from the local supermarket
> Heard in Magistrates Court
Original Jurisdiction
Which court and original or appellate jurisdiction?
Tommy has been charged with manslaughter and is due to appear in court in a few days
> Heard in the Supreme Court Trial
Division
Original jurisdiction
Which court and original or appellate jurisdiction?
John is in court having his criminal appeal heard against a conviction and harsh sentence from the Supreme Court (Trial Division)
> Heard in the Supreme Court (Court of Appeal)
Appellate jurisdiction
Which court and original or appellate jurisdiction?
Ann is unhappy with the Magistrate’s
decision in her traffic offence case and is therefore appealing her conviction and what she believes is a severe sentence
> Heard in the County Court
Appellate jurisdiction
