Magistrates court- •Hear summary offences e.g.. Minor traffic offences, drink driving etc.•Hear indictable offences triable summarily- e.g.. Handling stolen goods & firearms offences (defendant has the choice whether it is heard in magistrates summarily)•Why Magistrates? Maximum jail terms in Magistrates is lower, faster & cheaper, many courts around, only need to convince one person (no jury)•Why not Magistrates? Jury available- need majority of votes so if there is any doubt amongst jurors there is a good chance the person will get off the charge, barristers beyond the Magistrates court are far more skilled and have a higher level of expertise

Diversion Program-•For first time offenders only- •Replaces sentencing- instead of giving them sentences they are given other alternatives such as community service to prevent a criminal record for the offender•Only applies for summary offences and defendant must plead guilty

Committal hearing-•A hearing that takes place in the Magistrates Court to establish a ‘prima facie’ case- determines whether or not there is enough evidence for a case to continue•Only the prosecution needs to convince the Magistrate of sufficient evidence- if they fail to do so, judge will determine a “nolle prosecu”•All indictable offences have committal hearings•Why have committal hearings? To save time in higher courts & ensure that the case is valid

BAIL HEARINGS

*BAIL JUSTICE; On call 24/7 to hear a bail hearing• If it is likely the person will reoffend, it’s a serious

crime or are likely to do a runner they will not be granted bail

• Two outcomes; bail granted or remanded in custody

*A SURITY; external person who is able to guarantee (can be through money values etc.) that the person on bail will appear at their scheduled trial

• Magistrates hear civil claims up to $100,000• Other specialist divisions; children’s (family),

coroner’s, koori, drug• Civil- unlimited jurisdiction

County Court-• All indictable offences except murder,

manslaughter & treason• Likely cases they hear- rape & sexual

offences, armed robberies, major theft & assault (50% of County Court cases are sex related offences )

• Juries introduced at County Court level (normally 12, 15 during long cases to allow “substitutes”)

• Civil- unlimited jurisdiction

Supreme Court-Divided into 2 divisions; TRIAL DIVISION- Murder, manslaughter &

treason*Variations to murder- defensive homicide,

child destruction (kill a child under 2 y/o), infanticide (murder of a child under 1 y/o)

Unlimited Civil claims Jury of SIX (6) (up to 8 in longer cases) COURT OF APPEAL DIVISION- Only hear

appeals (appellate jurisdiction only) Run by 3 judges (no jury)

Coroner’s Court- Investigate suspicious deaths e.g.. Cot

death, arson involved cases, unidentifiable body, unnatural death (grandma okay, 21 year old attached to concrete in river is not okay), death in custody

Purpose- to stop preventable deaths from occurring (e.g.. Baby cots, new Westgate barriers due to coroner’s investigation after many suicides)

They suggest to detectives possible murder cases that will then further be investigated by the detectives

High Court- “Living Constitution”- enforce the

Constitution is modern society Mainly deal with arguments regarding the

Constitution between parliaments (state v. Federal)

Unlikely to hear criminal offences except treason, sedition & terrorism

Full Bench has 7 judges- highest level of adjudicating in Australia, cannot appeal further