SUMMARY AND INDICTABLE OFFENCES, COURT HIERARCHY Flashcards
Summary Offences
Summary offences are minor crimes that are heard in the Magistrates’ Court before a magistrate. They include any offence under a subordinate law or local law. As a general rule, offences listed in the Crimes Act 1958 (Vic.) and the Wrongs Act 1958 (Vic.) are indictable offences unless these Acts state that an offence is a summary offence. Offences listed in all other Acts of parliament are summary offences unless an Act declares them to be indictable offences.
Indictable offences heard summarily
Some indictable offences can be heard as if they were summary offences. The Criminal Procedures Act 2009 (Vic.) states that the following crimes can be heard summarily:
Indictable offences punishable by ten years or less imprisonment or a fine of $120,000 or less (or both).
Any crime listed in Schedule 2 of the Criminal Procedures Act. Schedule 2 lists a range of offences under 30 Acts of parliament which can be tried summarily
In addition, an indictable offence may not be heard summarily unless the court determines
it is appropriate and the accused agrees. Offenders will usually choose to have the offence heard summarily as it is quicker and cheaper to have the matter heard in the Magistrates’ Court and the maximum penalty is less. A magistrate can give a prison sentence of no more than two years for one offence (or five years for multiple offences).
Indictable offences
Indictable offences are more serious offences that must be heard by a judge and jury. They include common-law offences and all offences described in the Crimes Act 1958 and the Wrongs Act 1958 unless these Acts declare an offence to be a summary offence.
Reasons for court hierarchy, specialisation, expertise, appeals
The court hierarchy allows for specialisation, with the courts developing expertise in dealing with the types of cases that come before them.
The court hierarchy also enables the parties to a court case to appeal to a higher court if they are not satisfied with the decision in a lower court.
Jurisdiction
Jurisdiction refers to the right or power of a court to apply the law and deal with particular cases. Most courts have the jurisdiction to hear both civil and criminal cases.
Original jurisdiction
Appellate jurisdiction
The courts have original and appellate jurisdiction. When a court is hearing a dispute for the first time it is said to be operating in its original jurisdiction (area of power). When a court is hearing an appeal it is said to be operating in its appellate jurisdiction. An appeal allows an individual to take the matter to a higher court to review the original decision. If it is thought necessary, the appellate court (the court hearing the appeal) can reverse the original decision.
Victorian hierarchy of courts,bottom to top
Children's, magistrates, coroners County Supreme trial division Supreme Court of appeal High court
Magistrates court role
The Magistrates’ Court is the lowest court in the hierarchy. It is able to hear summary offences and indictable offences heard summarily. It also holds committal proceedings for indictable offences that will be heard in either the County Court or Supreme Court.
If the police have charged a suspect, the suspect may have to attend the Magistrates’ Court to find out if he or she will be released on bail. The Magistrates’ Court also issues warrants for search and seizure or arrest.
Committal proceeding plus hearing
A committal proceeding is conducted in the Magistrates’ Court. It is used to check the strength of the evidence against the accused in an indictable offence, before the case being tried by judge and jury in the County Court or Supreme Court. As part of the committal proceeding, a committal hearing is held to determine whether the prosecution’s evidence is of sufficient weight to support a conviction by a jury at trial. If the magistrate decides that there is sufficient evidence against the accused, the case proceeds to trial. If not, the accused is released until such time as the police find additional evidence.
County court, what they hear, appeals heard in county court
The County Court hears most serious indictable offences except murder, attempted murder and certain conspiracies and corporate offences.
The more common offences heard in the County Court are manslaughter, armed robbery, kidnapping, rape and intentionally causing serious injury.
Criminal appeals can be heard from the Magistrates’ Court against a conviction or sentence. This means that people can appeal to the County Court if they think they have been wrongly convicted and no reasonable (even-handed) jury would have convicted them on the facts presented in the case.
Supreme Court, trials division, what they hear, appeals on a point of law
The Supreme Court has two divisions: the Trial Division and the Court of Appeal. The Trial Division (with one justice) hears serious indictable offences such as murder, attempted murder and other major criminal matters involving treason, serious terrorism or very serious drug charges.
The Trial Division can also hear criminal and civil appeals from the Magistrates’ Court that are based on a point of law and appeals from various tribunals. An appeal on a point of law occurs when the application of the law in the case is in question; for example, if a person thinks that the judge wrongly instructed the jury on the law and how to apply it.
Court of appeal, what they hear, what its made Up of
The Court of Appeal consists of permanently appointed judges including a president and the chief justice of the Supreme Court. The chief justice of the Supreme Court is the state’s most senior judge.
The Court of Appeal has no original jurisdiction. It hears appeals from the County Court and Supreme Court, which are usually determined by a panel of three justices. These appeals may question a conviction, the severity or leniency of a sentence or a point of law. On rare occasions the Full Bench will convene to hear an appeal of legal significance consisting of five justices.
High court, what they deal with
The High Court is a federal court. In its original jurisdiction, a single justice may deal with disputes between the states, disputes involving a range of federal law matters and disputes where the Commonwealth Parliament is a party. Cases which are considered of major importance like those that require the interpretation of the Constitution or require the High Court to depart from a previous decision may be determined by the Full Bench of the High Court comprising all seven justices.
High court of appeal
The High Court is the highest court of appeal for all Australian states. The Full Court of the High Court, which consists of not less than two justices, hears appeals against the decisions of the supreme courts of states and territories, the Family Court and the Federal Court of Australia. There is no right of appeal to the High Court. A person must seek leave to appeal. Leave is only granted if the appeal is based on a question of law, there is an obvious injustice or the issue is particularly important to the wider community. Decisions of the High Court on appeal are final and are binding on all Australian courts.
