Understanding the courts Flashcards
What is the ACT court hierarchy?
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What is the magistrates’ court jurisdiction?
Able to hear summary offences and indictable offences heard summarily. Also hears committal hearings for indictable offences that will be heard in a higher court. Also do bail hearings and issue warrants for search and seizure or arrest
What is the Koori Court?
a division of the magistrates court only available to Indigenous defendants who plead guilty
• less formal
• all participants sit around a table, magistrate sits opposite the defendant who may have the support of a lawyer, family member, indigenous elder or indigenous justice worker. Magistrate is the ultimate decision maker and uses the same sentencing options as in the Magistrates Court
What is the Koori Court’s jurisdiction?
Hears criminal cases (within the jurisdiction of the magistrates court) except those involving sexual offences, domestic violence or a breach of an intervention order
Why have a Koori Court?
reducing recidivism: average of 14% vs 29%
What is the Drug Court?
a division of the Magistrates Court, deals with offenders who plead guilty to a crime committed under the influence of drugs or to support a drug habit.
What is the Drug Court’s jurisdiction?
Hears cases with offenders who plead guilty to a crime committed under the influence of drugs or to support a drug habit. However doesn’t deal with crimes involving a sexual offence or assault causing bodily harm. The offence must be within the Magistrates jurisdiction and must be punishable by imprisonment
What does the Drug Court have power to do?
suspend a term of imprisonment in favour a a two year max DRUG TREATMENT ORDER (DTO)
• impose additional conditions such as drug and alcohol testing to the conditions the offender must adhere to under the DTO
•If they fail to meet these conditions they can be imprisoned
What must the offender do under the DTO?
- be well behaved
- undergo treatment for drug or alcohol dependancy
- report to and accept visits from members of the Drug Court team
- inform the court of a change of address and not leave the state without the court’s permission
What is the Family Violence Court?
a special devision of the Magistrates court operating in Heidelberg and Ballarat
• uses specialist magistrates, registrars and trained support staff to provide specialist support
How is the Family Violence Court different?
Allows witnesses to give their evidence by closed circuit tv or with a person beside them as support.
•ask a person to leave the room while a witness is giving evidence
• children can only attend proceedings at the Courts discretion
• order defendants to participate in counselling to change violent behaviour
What is the Family Violence Court’s jurisdiction?
All family violence matters within the jurisdiction of the magistrates court e.g:
• Intervention order breaches, intervention order applications, committal hearings, summary offences, child contact/support issues, civil damages claims and crimes compensation applications.
What is the Sexual Offences List?
The Sexual Offences List of the Magistrates’ Court deals with victims of sexual offences and reduces delays to ensure the matter is dealt with quickly and sensitively.
What are the two divisions of the Children’s Court?
Family division and the Criminal division
What is the role of the family division of the children’s court?
Hears applications from accommodation orders and permanent care for children under 17 who are in need of care/protection. Also hears applications for intervention orders in cases of family violence or stalking where either party is under 18
