The role of the vic court hierarchy including specialization and appeals Flashcards
What is specialisation
Specialisation enables courts to develop their own areas of expertise and specialisation in the law.
What does the magistrates court specialise in
The magistrates court hears summary offences that can be dealt with quickly and efficiently as well as comital proceedings
What does the county court specialise in
The county court has expertise in hearing particular types of indictable offences , such as drug charges and sexual offences charges. Hears most indictable offences
What does the supreme court trial division specialise in
The supreme court trial division hears the most serious indictable offences, such as murder. and has developed its own elements for those types of crime
What does the Supreme Court Of Appeal specialise in
The supreme court of appeal specialises in determining criminal appealed cases from the lower courts within the hierarchy for indictable offences, and has expertise in sentencing principles.
What are appeals
An appeal is when a party is dissatisfied with the outcome of the case and decides that they want to have their case reheard by a different judge/ jury and a higher court.
What are the grounds of appeal
- Appealing on a question of law, meaning a law has not be followed in the trial.
- Appealing a conviction (the offender)- errors in the trial
- Appealing on the severity, meaning the offender is appealing because they believe the sanction is to server for their actions
- Appealing on the leniency, meaning the prosecution believes that the judge has not given the appropriate sanction for the crime committed (to little sanction).
What is the original and appellate jurisdiction of the magistrates court
Original- hears all summary offences and indictable offences heard summarily. It also hear committal proceedings, bail applications and warrant applications
Appellate- doesn’t have one
What is the original and appellate jurisdiction of the county court
Original- Hears all indictable offences apart from murder/ attempted murder and certain conspiracies and corporate offences
Appellate- From the magistrates court on conviction or sentence
What is the original and appellate jurisdiction of the supreme court (trial division)
Original- Hears the most serious indictable offences including murder, attempted murder and certain conspiracies
Appellate- From the magistrates court on a point of law
What is the original and appellate jurisdiction of the supreme court of appeal
Original- doesnt have one
Appellate-From the county court or supreme court and from the magistrates court where the chief magistrate decided the case
Strengths of a court hierarchy
-A court hierarchy allows courts to specialise in hearing different criminal matters, which allows more efficient use of resources.
-A court hierarchy allows appeals to be heard from either party ensuring and errors in decisions can be rectified
Weaknesses of a court hierarchy
-A court hierarchy can be confusing for those who are not familiar with it, which makes it difficult for people to understand the resources they will need.
-A party can not always appeal, most of the time they must establish reasons for the appeal meaning the decision may be final.
