Ao s3thecourtroom

The Courtroom Unit 1 Outcome 3 Chapter 4

Key Knowledge •  Distinction between summary offences and indictable offences •  Reasons for a formal court hierarchy •  An overview of the criminal jurisdiction of the courts in the

Victorian court hierarchy •  Bail, remand and committal hearings •  Features of a fair trial and rights in criminal proceedings guaranteed

by the Victorian Charter of Human Rights and Responsibilities •  Overview of the adversarial nature of a criminal trial •  Role of court personnel •  Advice and assistance available through legal aid •  Role and operation of a criminal jury

•  Accused •  Barrister •  Coroner •  Court hierarchy •  Challenges for cause •  Jurisdiction •  Peremptory challenge •  Prima facie case •  Propensity evidence •  Prosecutor •  Solicitor

Types of offences •  Summary offences ▫  Minor criminal offences ▫  Heard in the Magistrates Court ▫  Before a judge alone

•  Indictable offences ▫  More serious criminal offences ▫  Heard in the County or Supreme Court ▫  Before a judge and jury ▫  Some indictable offences can be heard in the

Magistrates Court and are known as indictable Offences heard summarily

Victorian Court Hierarchy

High Court

Court of Appeal

Supreme Court

County Court

Magistrates’ Court Coroner’s Court Children’s Court

Reasons for court hierarchy •  Allows for courts to become specialised in particular

areas and develop expertise

•  Enables the ability to appeal to a higher court

•  Necessary as a part of the doctrine of precedent

It is the REASON which is the RULE

the RULE is the REASON and the REASON is the RATIO

Criminal Jurisdiction

• Original jurisdiction ▫  When a court is hearing a case for the first time

• Appellate jurisdiction ▫  When a court is hearing a case on appeal

Magistrate’s Court

• Original Jurisdiction: ▫  Lowest court in the hierarchy ▫  Hears summary offences and indictable offences

heard summarily ▫  Holds committal hearings ▫  Bail applications ▫  Issuing warrants

• No Appellate Jurisdiction

Divisions of the Magistrate’s Court

Newson & Aldous, 2008, The Legal Maze, 6th ed, p. 143

The Children’s Court

• Children are considered to be people under the age of 18

•  Two divisions

!  Family Division

▫  Criminal Division

Children’s Court Family Division

• Children who are in need of care and protection ▫  Abandoned ▫  Ill-treated ▫  Parents display insufficient control

• Cases of ‘irreconcilable differences’ between a children and their parent

•  Intervention orders

Children’s Court Criminal Division

• All summary offences • All indictable offences except murder, attempted

murder, manslaughter and offences causing death ▫  Serious indictable offences are heard before a

Magistrate in a committal hearing – if sufficient evidence is presented the case will be heard in the County or Supreme Court in front of a judge

• Committal hearings • Bail applications

Coroner’s Court

•  Investigates suspicious deaths • Reportable deaths may include ▫  Sudden or unexpected deaths ▫  Suspected homicide ▫  Deceased was under the care of the state ▫  Identity of deceased unknown ▫  Under anesthetic ▫  Attorney-general or state coroner directs an

inquiry

County Court • Original and Appellate Jurisdiction • Original ▫  Serious criminal offences except the most serious

such as murder, treason or murder-related offences ▫  Common cases include, major burglaries, drug

offences, culpable driving, arson and armed robbery ▫  Not guilty trial will be before a judge and 12 jurors

• Appellate ▫  Hears appeals from the Magistrate’s Court

Supreme Court

•  Two divisions

▫  Trial Division

!  Court of Appeal

Trial Division

• Original Jurisdiction ▫  Most serious indictable offences such as murder

and treason ▫  Heard before a Judge and jury

• Appellate Jurisdiction ▫  Appeals from the Magistrate’s court on ‘points of

law’

The Court of Appeal

• No original jurisdiction

• Appellate Jurisdiction ▫  Appeals from the County and Supreme Courts ▫  Most commonly a panel of three judges (full bench

of five is rare)

The High Court •  Federal Court •  Original Jurisdiction ▫  Disputes between State and Commonwealth

Parliaments ▫  Interpretation of the Constitution ▫  Can be one judge though a full bench of seven for

major cases •  Appellate Jurisdiction ▫  Highest court of appeal ▫  Minimum of two judges, appeals from Supreme,

Family and Federal Courts ▫  No appeal on decision – leave only option ▫  Decisions are final and binding Australian wide

Pre-trial Procedures

• Bail

• Remand

• Committal proceeding

Bail

•  The release of an accused person from legal custody on the understanding that he or she will appear at their hearing or trial

•  Generally granted under principle of innocent until proven guilty, however some in circumstances bail will not be granted when: ▫  Charge of murder or treason ▫  Drug trafficking ▫  Already in custody for another crime ▫  Considered to pose an unacceptable risk

•  In some cases bail conditions are set ▫  Surety ▫  Render passport ▫  Report to police each day

Remand •  The holding of a suspect in custody until the case comes to trial, or

until bail is granted

•  Main purpose of remand is to protect society and to ensure the offender appears at trial

Committal proceeding

•  Committal proceedings are used for indictable offences that will be heard in the County or Supreme Court. It involves different types of hearings in the Magistrate’s Court that are in place to ensure a case is ready for trial.

Summary hearings

• Charge and summons

• Mention Court procedure

Charge and Summons

▫  Summons given to appear in court to respond to charges against them

▫  If arrested, charge given after arrestor after bail hearing

Mention court procedure ▫  First point for all summary and indictable offences heard

summarily ▫  Involves a description of the charge and the accused prior

convictions

Plea given Guilty plea Not guilty plea

Magistrate sentence Case deferred to either summary case conference or

contest mention hearing before summary hearing

Criminal trial procedures

• Guilty plea

▫  No jury required ▫  Prosecution summarises

evidence ▫  Prior convictions are

read out ▫  Judges makes a decision

and reads sentence

Criminal trial procedures • Not guilty plea

Appeals from criminal case

•  If the accused or prosecution are not satisfied with the decision they may appeal the decision

• Appeals may be on: ▫  Point of law ▫  Point of facts

•  The person making the appeal is the appellant the other party the respondent

Appellant Jurisdiction Appeal From Appeal To On Point of

Law On Point of

Fact Magistrate’s County ✖ ✔ Magistrate’s Supreme ✔ ✖

County Court of Appeal ✔ ✔ Supreme Court of Appeal ✔ ✔

Court of Appeal High Court ✔ ✔

Note the High Court only hears appeals when leave is granted and if a matter is in the interests of natural justice or of public interest There is no appeal from a High Court as the High Court decision is final

Rights in Criminal Proceedings

•  The Victorian Charter of Human Rights and Responsibilities protects human rights within the criminal justice system

EQUALITY



LIBERTY



NO TORTURE



CHILDREN SEPARATED



FAIR HEARING



CRIMINAL PROCEEDING



DOUBLE JEOPARDY



RETROSPECTIVE LAWS



STATEMENT of COMPATIBILITY

The Adversary System

Strengths & Weaknesses of the Adversary System •  Four main Strengths

▫  It provides for a fair and unbiased hearing ▫  Is cost effective ▫  Has the confidence of

the community ▫  Protects rights

•  Four main Strengths ▫  There is an imbalance of

power between the individual and the state ▫  It is costly ▫  The skills of the judge are

not fully utilised ▫  Not all evidence may be

heard ▫  There is a reliance on oral

evidence

Court Personnel in the Courtroom

Newson & Aldous, 2008, The Legal Maze, 6th ed, p. 148

Label the previous image with the name of the person or location and the role of each of the numbers identified

# 1 - 17

Answers: 1.  Judge’s bench 2.  Judge’s associate 3.  Judge’s tipstaff 4.  Counsel for the prosecution 5.  Counsel for the defence 6.  Crown instructing solicitor 7.  Defence instructing solicitor 8.  The accused 9.  Pubic seating area 10. Court stenographer 11.  Recording booth 12. Custodial security officer 13. Court security 14. Jury foreperson 15. Jury box 16. Witness box 17. Media reporters

Legal Aid •  Legal services available to

people who cannot afford the normal cost of services needed to resolve a legal problem

•  In Victoria this is provided by: ▫  Victoria Legal Aid ▫  Community legal centres ▫  Victorian Aboriginal Legal

Service

Criminal Jury ▫  The role of the criminal jury

▫  Operation of a criminal jury

▫  Challenges

Role of the criminal jury

▫  12 jurors (an extra 3 may be empanelled in long trials to cover illness etc.)

▫  Based on concept of trial by peers

▫  Unanimous verdict first priority

▫  Majority verdict of 11/12 enough for all offences other than murder, treason and federal offences

▫  If a majority verdict cannot be reached there is a hung jury leading to another trial

▫  Decision must be beyond reasonable doubt

Operation of a criminal jury

•  Selection of jurors ▫  Randomly selected from the electoral commission ▫  Summons to attend jury service ▫  Some people may be !  Ineligible !  Disqualified !  Excused ▫  Those remaining form a jury pool from which the

jury panel is selected.

Challenges

Advantages of the Jury System

Impartial and unbiased decision-

making body Ensures community

involvement

Shared decision making Ensures proceedings

are fair

Disadvantages of the Jury System

Can ordinary people understand and recall all evidence especially in lengthy trials?

Longer and more closely process

‘Ineligible’ jurors suggests juries are not representative of the community

Juries do not give reason for the decision

Effectiveness of the legal system •  Three factors are essential to achieving justice

▫  Entitlement to a fair and unbiased hearing

▫  Effective access to the legal system

▫  Timely resolution of disputes

• How does our legal system stack up against these factors?

End of Area of Study 3

GOOD LUCK in the Test and upcoming EXAM

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