AOS3 - Role of Courts and Their Jurisdiction

Question 1

The role of courts in criminal cases - management

Answer 1

• manage, hear and determine a case if the accused pleads not guilty
  
  • provide case management by giving order/directions to ensure hearings proceed without delay
  • provide specialisation and expertise in the type of case they are hearing
  • magistrates decide guilt in the Mag. Court
  • jury decides guilt in County/Supreme Courts
  • Mag. Court hears committal proceedings for indictable offences
  • County/Supreme/High Courts hear appeals on question of law/fact

Question 2

The role of courts in criminal cases - sanctions

Answer 2

• impose a sanction if the accused pleads or is found guilty
  
  • a plea hearing occurs where both sides make submissions around sentencing factors
  • sentencing hearing where magistrate/judge hands down a sanction/written down in higher courts

Question 3

Committal proceedings

Answer 3

• if the accused is charged with an indictable offence. the case will go through committal proceedings in the Mag. Court
  1. committal mention - accused pleads guilty/not guilty. Can be sent to be heard summarily if requirements met
  2. committal hearing - if accused pleads not guilty, the magistrate determines whether sufficient evidence is present to support a conviction in higher courts

Question 4

Jurisdiction

Answer 4

• the lawful authority of a court, tribunal or other dispute resolution body to decide legal cases

Question 5

Advantages vs. disadvantages of committals

Answer 5

• Advantages:
  
  • filter out weak cases
  • inform accused of case against them + allow evidence to be tested
• Disadvantages:
  
  • only very few cases (2%) discontinued therefore waste of time

Question 6

Original jurisdiction

Answer 6

• the power of a court to hear a case for the first time

Question 7

Appellate jurisdiction

Answer 7

• the power of a court to hear a case on appeal

Question 8

Question of fact

Answer 8

• regarding the credibility of evidence or facts of a case

Question 9

Question of law

Answer 9

• regarding the interpretation or application of legal principles

Question 10

Magistrates Court jurisdiction

Answer 10

Original:
- summary offences
- indictable offences heard summarily
- committal proceedings for indictable offences
- bail and warrant applications
Appellate:
- none as it is the lowest court in the hierarchy

Question 11

County Court jurisdiction

Answer 11

Original:
- most indictable offences (theft, armed robbery, culpable driving causing death)
- can’t hear serious cases (treason, murder, manslaughter)
Appellate:
- appeals from Mag. Court on questions of fact (unless heard by Chief Magistrate)
- convictions (reasonable magistrate wouldn’t have found them guilty)
- sentences (offender deems it too harsh vs. prosecution deems it too lenient)

Question 12

Supreme Court (Trial Division) jurisdiction

Answer 12

Original:
- all indictable offences (usually most serious cases that can’t be heard in County Court)
Appellate:
- appeals from Mag. Court on questions of law (unless heard by Chief Mag.)

Question 13

Supreme Court (Court of Appeal) jurisdiction

Answer 13

Original:
- none
Appellate:
- hears appeals from County and Supreme (Trial)
- hears appeals from Mag. if heard by Chief Mag.
- generally heard by 3 judges and can be on questions on conviction, sentences or law
- CoA must provide leave of appeal (unless DPP is appealing sentence)