KK8: Victorian Court Hierarchy

Reasons for court hierarchy

• appeals

• sepcialisation

Jurisdiction

Jurisdiction is the power of a court to hear and decide a case

Types of jurisdiction

• original jurisdiction

  • the power to hear a case for the first time

• appellate jurisdiction

  • the power of a court to hear a case in which a decision is being reviewed or challenges (e.g. being appealed in a higher court)

Court hierarchy

The ranking of courts based on the severity and complexity of cases they hear

Victorian Court Hierarchy

• high court of australia (federal)

• supreme court of victoria (court of appeal)

• supreme court of victoria (trial division)

• county court

• magistrates’ court

Magistrates’ Court jurisdiction

• Original jurisdiction

  • summary offences

  • indictable offences heard and determined summarily

  • committal proceedings

  • bail applications

  • warrant applications

• Appellate jurisdiction

  • no appellate jurisdiction

County Court jurisdiction

• original

  • indictable offences except murder, attempted murder, certain conspiracies and corporate offences

• appellate

  • appeals from the magistrates’ court on conviction or sentence

Supreme Court (trial division) jurisdiction

• original

  • most serious indictable offences including murder, attempted murder, certain conspiracies and corporate offences

• appellate

  • appeals from the magistrates’ court on points of law

Supreme court (court of appeal)

• original

  • no original jurisdiction

• appellate

  • appeals from the county court or supreme court (trial division)

  • appeals from the magistrates’ court where the chief magistrate decided the case

Appeals

• An application to have a higher court in the hierarchy review a ruling (decision) of a lower court

• If there are grounds for an appeal, a party who is dissatisfied with the outcome of a case can take the matter to a higher court to challenge the decision.

Parties in appeals

• appellant: the party initiating the appeal

• respondent: the party against whom an appeal in made

What does the system of appeals help to ensure?

• The system of appeals helps to ensure fairness – if a mistake was made in the original decision, it can be reviewed and corrected by a higher court.

• This provides an opportunity for unjust decisions to be amended.

Grounds for appeal

refers to the reasons or legal basis on which a person can challenge a decision made in a case

What are the grounds for an appeal?

1. Appealing because of the lenience or severity of a sanction imposed. For example, an offender may appeal on the basis of "manifestly excessive" – the punishment is so disproportionate or extreme that it is clearly unjust or unreasonable.

2. Appealing a conviction (only by the offender)

3. Appealing on a question of law. For example: incorrect law was applied, court misinterpreted a statute, court heard inadmissible evidence

What is the relationship between appeals and the court hierarchy?

Without a ranking of courts, there would be no process to appeal a case to a higher court, which would create unfairness if a court incorrectly decided a case.

Other information - appeals

• An appeal does not involve rehearing all of the evidence and arguments of the original trial – it focuses on whether an error was made a trial.

• If a material error has occurred, the appeal court may make a new order (e.g. quash a conviction, hand down a new imprisonment term, etc.).

• Disagreement with the outcome of a case, without one of the grounds for appeal, is insufficient to challenge a ruling

Reason #2 - Specialisation

• specialisation allows the courts to have developed their own area of expertise

Specialisation of Supreme Court (court of appeal)

• Specialises in determining criminal appeals in indictable offences

• Has expertise in sentencing principles

Specialisation of the Supreme Court (trial division)

• Specialises in dealing with the most serious indictable offences (e.g., murder)

• Has expertise in those types of crimes, such as the elements of murder
  murder

Specialisation of the County Court

Specialises in dealing with indictable offences (e.g., drug offences, sexual offences, theft)

Specialisation of the Magistrates’ Court

• Familiar with summary offences that are dealt with quickly and efficiency (e.g., drink-driving).

• Committal proceedings

• Bail hearings
  • Bail hearings

Specialisation of the Children’s Court and Coroners Court

• Specialises in crimes involving young people (Children's Court)

• Specialises in investigating deaths and fires with suspicious circumstances (Coroners Court)

How does specialisation uphold poj?

• Courts within the hierarchy become familiar with the types of cases they hear in their jurisdiction.

• Thus, the court hierarchy enables legal personnel within each court to develop specialist knowledge and expertise in certain areas of criminal law – e.g., the Magistrates’ Court only hears summary offences.

• This allows cases to be dealt with more efficiently (↑ Access).

• It also encourages predictability in sentencing, as similar sentences are likely to be handed down in similar cases (↑ Fairness).

Strengths and weaknesses of the victorian court hierachy

Other reasons

• administrative convenience

• time and money

• expertise & experience

• minor matters determined locally

• doctrine of precedent

Examples of specialised courts

• magistrates’ court

• drug court

• family violence court

• neighbourhood justice centre

• koori court

• county court

• supreme court

• high court