Jurisdiction of Victorian Courts
Jurisdiction - the power that courts have to hear cases arising from particular areas of law.
Original jurisdiction - When a matter is taken to court for the first time, it is known as the court of first instance. The court is sitting in its original jurisdiction. The court has the power to hear the particular case for the first time.
Appellate jurisdiction - If a party to a court case is not happy with the decision and wishes to challenge it, and there are sufficient grounds, the case can be taken to a higher court on appeal.
Additionally courts will have jurisdiction to hear either or both criminal and civil cases. Thus, when considering the jurisdiction of a court, you must consider four types of jurisdiction.
Grounds for appeal can include:
- It indicates the type of cases that courts can hear and adjudicate on,
- eg: minor cases or more serious cases.
- Jurisdiction can also refer to the geographical boundaries of a court’s powers.
- Eg: the Supreme Court of Victoria can only hear cases that relate to Victoria.
Original jurisdiction - When a matter is taken to court for the first time, it is known as the court of first instance. The court is sitting in its original jurisdiction. The court has the power to hear the particular case for the first time.
- A case heard in the Magistrates’ Court is known as a hearing and a case heard in the higher courts is known as a trial.
Appellate jurisdiction - If a party to a court case is not happy with the decision and wishes to challenge it, and there are sufficient grounds, the case can be taken to a higher court on appeal.
- When the court is hearing an appeal, it is sitting in its appellate jurisdiction.
- The person bringing the appeal is known as the appellant and the other party is the respondent.
- There is no jury when a court is sitting in its appellate jurisdiction (hearing an appeal).
- Not all courts can hear appeals.
Additionally courts will have jurisdiction to hear either or both criminal and civil cases. Thus, when considering the jurisdiction of a court, you must consider four types of jurisdiction.
- original criminal jurisdiction
- appellate criminal jurisdiction
- original civil jurisdiction
- appellate civil jurisdiction
Grounds for appeal can include:
- on a point of law (where some law has not been followed; eg: the court was allowed to hear inadmissible evidence)
- on conviction (only in criminal cases)
- on the severity of the sentence (in criminal cases) or the remedy awarded (in civil cases).
Magistrates Court
Committal Hearings
County Court
Supreme Court
Reasons for a Court Hierarchy
Victorian courts are arranged in order according to the seriousness of the matters they hear. This is done so for four main reasons:
Specialisation
Because courts are divided by the matters they hear, court personnel at each level become familiar with the types of cases heard, the relevant laws to those cases and the procedures to be followed. Courts can employ specialist personnel. For example, Family Court personnel, including counsellors, will have detailed knowledge of the Family Law Act 1975, and may understand the specific needs of the parties coming before this court.
Appeals
Appeals can only work effectively with a court hierarchy. If a party is not satisfied with the outcome of their case, they must have the opportunity to have their case reviewed by a superior court. This is a crucial element to ensuring that trials are fair and unbiased.
Grounds for appeal in a criminal case can include:
Doctrine of Precedent
The Doctrine of Precedent cannot operate effectively without a court hierarchy. Under this doctrine, rulings on new matters from superior courts are binding on all lower courts in the hierarchy. This ensures that the law is consistently applied. (studied in more detail in Unit 4)
Specialisation
Because courts are divided by the matters they hear, court personnel at each level become familiar with the types of cases heard, the relevant laws to those cases and the procedures to be followed. Courts can employ specialist personnel. For example, Family Court personnel, including counsellors, will have detailed knowledge of the Family Law Act 1975, and may understand the specific needs of the parties coming before this court.
- The Supreme Court (Court of Appeal) specialises in determining criminal appeals in indistable offences and has expertise in sentencing princles.
- The Supreme Court (Trial Division) hears the most serious indictable ofences (such as murder and manslaughter) and will have developed its own specialisation in those types of crime and the elements of each crime.
- The County Court has developed expertrise in hearing particular types of indictable offences (usch as cases invovling sexual offences and theft.)
- The Magistrates Court is familiar with cases involving summary offences that need to be dealt with quickly and efficiently (such as drink-driving and traffic offences), as well as committal proceedings.
- Other specialist courts such as Children's Court and Coroners Court deal with specialised cases.
Appeals
Appeals can only work effectively with a court hierarchy. If a party is not satisfied with the outcome of their case, they must have the opportunity to have their case reviewed by a superior court. This is a crucial element to ensuring that trials are fair and unbiased.
Grounds for appeal in a criminal case can include:
- appealing on a question of law (where some law has not been followed eg if the court was allowed to hear inadmissible evidence)
- appealing a conviction
- appealing because of the severity (or leniencey) of a sanction imposed.
Doctrine of Precedent
The Doctrine of Precedent cannot operate effectively without a court hierarchy. Under this doctrine, rulings on new matters from superior courts are binding on all lower courts in the hierarchy. This ensures that the law is consistently applied. (studied in more detail in Unit 4)
Problems with a Court Hierarchy
- possible confusion relating to the court in which a particular case would be heard.
- appeals add to the cost of cases for both the individuals involved and the legal system
- more administration and court personnel required overall to run the court system.
- a precedent from a higher court may be distinguished or disapproved by a lower court, or may not be appropriate to the case before the court.
More Information on Different Types of Courts
Court Services Victoria - A useful link to further help your understanding of the Courts in Victoria
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The Victims of Crime website has some useful information about the different types of courts.
Victoria's Legal System Explained -
Victoria's Legal System Explained -
victorias_legal_system_2013.pdf | |
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