Court Hierarchy.
The criminal and civil courts in the Western Australian system are named the:
The High Court can review decisions made by all the State Courts.
- Supreme Court
- District Court
- Magistrates Court
The High Court can review decisions made by all the State Courts.
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The Magistrates Court.
Presided over by a magistrate. All decisions are made by the magistrate alone. On occasions, 1-2 Justices of the Peace can assume some of the magistrates duties. A magistrate deals with all adults on their first court appearance. To be appointed as a Magistrate, that person must have had at least 5 years’ legal experience (lawyer, judge, magistrate etc) and be under 65 years of age. A Magistrate is appointed by the Governor
The Magistrates Court is often referred to as the ‘police courts’, as the majority of cases held in them arise directly from the police investigating and laying a charge against the accused. The prosecutor in these cases is usually a police officer.
The Magistrates Court is often referred to as the ‘police courts’, as the majority of cases held in them arise directly from the police investigating and laying a charge against the accused. The prosecutor in these cases is usually a police officer.
What cases are heard in the Magistrates Court?
•Most trials involve summary offences (minor offences). For example shop-lifting, driving charges or minor theft.
•Also deals with minor civil cases, which involve claims for damages of $20000 or less (or $5000 or less for personal injury claims arising from car accidents).
•Also used to hear committal proceedings. This is where the magistrate has to decide whether there is enough evidence against a person accused of committing a serious crime for the case to be heard by a higher court, as well as making a decision based on the nature of the crime which court should be used for the trial.
•On average deals with 85,000 criminal cases in WA every year..
•Also deals with minor civil cases, which involve claims for damages of $20000 or less (or $5000 or less for personal injury claims arising from car accidents).
•Also used to hear committal proceedings. This is where the magistrate has to decide whether there is enough evidence against a person accused of committing a serious crime for the case to be heard by a higher court, as well as making a decision based on the nature of the crime which court should be used for the trial.
•On average deals with 85,000 criminal cases in WA every year..
District Court.
Presided over by a District Court judge - appointed by the State Parliament. A jury is used for criminal cases. District Courts hear the great majority of serious criminal cases, for example bank robbery or grievous bodily harm. The court hears all indictable offences, other than those which carry a term of life imprisonment. In an average year the District Court hears about 3,000 criminal cases . Also hears civil cases which involve claims for damages of $100000 or less, for example a case over failure to fulfil a business contract may be taken to this court.
Supreme Court.
Presided over by Supreme Court Judge – appointed by State Parliament. These judges tend to be specialists in a particular area of law (criminal, corporate etc). The Supreme Court hears the most serious criminal cases – those that carry a term of life imprisonment (murder, armed robbery, rape). Civil cases which involve a claim for damages over $100000 (example – a claim made for $250000 for terrible injuries received in a car accident) are heard in the Supreme Court. On average the Supreme Court hears around 470 cases a year.
High Court of Australia
Highest court in the country.
Types of cases heard include:
As the High Court is the final court of appeal, its decision is final. For a private individual it is very difficult and expensive to get an appeal to the High Court, therefore it rarely happens.
Types of cases heard include:
- Interpreting the Constitution when there is a dispute between the States and the Federal Government
- Any dispute between the States, for example over boundaries
- Appeals from the Court of Appeal.
As the High Court is the final court of appeal, its decision is final. For a private individual it is very difficult and expensive to get an appeal to the High Court, therefore it rarely happens.
Task.
Using your textbook complete the worksheet 'The Court Hierarchy in WA'.