JSB173 Lecture Notes - Lecture 3: House Arrest, Presentence Investigation Report, Anger Management
JSB173
LECTURE 3
Criminal Courts in Australia
Overview
•Background
•Pathways to court
•Tiers of the court system
•Roles of key players
•Sentencing
•Vulnerable groups
Background
•Shift from pre-Enlightenment to Enlightenment, feudalism to
Capitalism
◦Spiritually based trialing system
•Focus on liberal democracy (liberalism)
◦Equality before the law
◦Elected officials to make and enforce laws
◦State bound by law
◦Individual rights
•Due process
Pathways to court
Accused persons enter the court system via their contact with police, by
one or two pathways:
•Arrest
•Summons
◦Written notice issues that they are legally obliged to answer a
particular charge on a particular date and place
◦Usually for minor offences
◦Witnesses can be summoned (giving evidence)
Tiers of the court system
Three tiers of court
•Lower courts (AKA Court of Summary Jurisdiction, Court of Petty
Sessions, Magistrates Court, Local Court)
•Intermediate courts (AKA District Court, County Court)
•Higher courts (AKA Supreme Court)
Lower Courts
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JSB173
LECTURE 3
•Presided over by Magistrates
•Hear less serious matters
•Summary offences
•Assault
•Theft
•Traffic offences
•Etc.
•Have a cap on penalties that can be imposed (e.g. two years'
imprisonment)
•Do not have juries
•Conduct committal hearings
•Intersection between lower and higher courts
•Hear evidence of higher offence that they cannot hear
themselves
•Seeing if there is enough evidence to make sure there is a case
to answer
•Are informal
Intermediate Courts
•District court in QLD
•More formal
•Hear more serious matters
•Judge and jury
•There are no intermediate courts in the three least populated
jurisdictions (ACT, NT and TAS)
Higher Courts
•Supreme court
•Formal
•Hear the most serious crimes
•Highest court in each jurisdiction
•Cases heard by Judge and jury
•Judge doesn't decide on guilt
•Not tried in High court
Summary vs. Indictable Offences
Summary Offences
Offences that can be heard in lower courts, without a jury. Magistrate
decides.
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Document Summary
Pathways to court: background, tiers of the court system, roles of key players, vulnerable groups. Focus on liberal democracy (liberalism: equality before the law, elected officials to make and enforce laws. Accused persons enter the court system via their contact with police, by one or two pathways: arrest. Summons: written notice issues that they are legally obliged to answer a particular charge on a particular date and place, usually for minor offences, witnesses can be summoned (giving evidence) Three tiers of court: lower courts (aka court of summary jurisdiction, court of petty. Intermediate courts (aka district court, county court: higher courts (aka supreme court) Presided over by magistrates: hear less serious matters. Summary offences: assault, theft, traffic offences, etc, have a cap on penalties that can be imposed (e. g. two years" imprisonment, do not have juries, conduct committal hearings. Intersection between lower and higher courts: hear evidence of higher offence that they cannot hear themselves.
