2. 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
3. • Accused
• Barrister
• Coroner
• Court hierarchy
• Challenges for cause
• Jurisdiction
• Peremptory challenge
• Prima facie case
• Propensity evidence
• Prosecutor
• Solicitor
4. 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
5. Victorian Court Hierarchy
High Court
Court of Appeal
Supreme Court
County Court
Magistrates’ CourtCoroner’s Court Children’s Court
6. 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
7. 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
8. 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
9. Divisions of the Magistrate’s Court
Newson & Aldous, 2008, The Legal Maze, 6th ed, p. 143
10. The Children’s Court
• Children are considered to be people under the
age of 18
• Two divisions
! Family Division
▫ Criminal Division
11. 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
12. 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
13. 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
14. 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
16. 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’
17. 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)
18. 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
20. 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
21. 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
22. 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.
25. Charge and Summons
▫ Summons given to appear
in court to respond to
charges against them
▫ If arrested, charge given
after arrestor after bail
hearing
26. 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
27. Criminal trial procedures
• Guilty plea
▫ No jury required
▫ Prosecution summarises
evidence
▫ Prior convictions are
read out
▫ Judges makes a decision
and reads sentence
29. 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
30. 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
31. Rights in Criminal Proceedings
• The Victorian Charter of Human Rights and
Responsibilities protects human rights within
the criminal justice system
EQUALITY
32. Rights in Criminal Proceedings
• The Victorian Charter of Human Rights and
Responsibilities protects human rights within
the criminal justice system
LIBERTY
33. Rights in Criminal Proceedings
• The Victorian Charter of Human Rights and
Responsibilities protects human rights within
the criminal justice system
NO TORTURE
34. Rights in Criminal Proceedings
• The Victorian Charter of Human Rights and
Responsibilities protects human rights within
the criminal justice system
CHILDREN
SEPARATED
35. Rights in Criminal Proceedings
• The Victorian Charter of Human Rights and
Responsibilities protects human rights within
the criminal justice system
FAIR HEARING
36. Rights in Criminal Proceedings
• The Victorian Charter of Human Rights and
Responsibilities protects human rights within
the criminal justice system
CRIMINAL PROCEEDING
37. Rights in Criminal Proceedings
• The Victorian Charter of Human Rights and
Responsibilities protects human rights within
the criminal justice system
DOUBLE
JEOPARDY
38. Rights in Criminal Proceedings
• The Victorian Charter of Human Rights and
Responsibilities protects human rights within
the criminal justice system
RETROSPECTIVE
LAWS
39. Rights in Criminal Proceedings
• The Victorian Charter of Human Rights and
Responsibilities protects human rights within
the criminal justice system
STATEMENT of
COMPATIBILITY
41. 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
43. Label the previous image with the
name of the person or location and
the role of each of the numbers
identified
# 1 - 17
44. 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
45. 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
46. Criminal Jury
▫ The role of the criminal jury
▫ Operation of a criminal jury
▫ Challenges
47. 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
48. 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.
50. Advantages of the Jury System
Impartial and
unbiased decision-
making body
Ensures community
involvement
Shared decision
making Ensures proceedings
are fair
51. 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
52. 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?
53. End of Area of Study 3
GOOD LUCK in the Test and upcoming EXAM
☺ ☺ ☺
