5.4 – Specialist jurisdictions within the Magistrates Court

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5.4 Specialists jurisdictions within the Magistrates Court

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Take note of the Koori Court, Drug Court, FV Court, NJH, Sexual Offences List and ARC List explanations as shown in blue on pages 198 & 199

A specialist court attempts to take a more individualised and service-focussed approach to the sentencing of special needs groups and provides a more realisticmethod of justice for these groups.

Overview of the Magistrates Court 2012 - 2013

The Magistrates’ Court of Victoria, was established under section 4 of the Magistrates’ Court Act 1989.

There are 114 magistrates,

14 reserve magistrates,

eight judicial registrars,

546 staff and 75 elders and respected persons.

The Court hears and determines 300,000 cases each year and about 2,500,000 people visit the Court during the year.

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Criminal Law Statistics

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Civil Law Statistics

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Intervention Orders

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Top 15 Offences presented to the Magistrates Court

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Specialist Courts

There has been a number of these established in the Magistrates’ Court in recent years

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Specialist Courts Aims

Improve outcomes for those presenting & the community

Respond to revolving door nature of crime & punishment

Participants have underlying issue/s such as being socially, culturally disadvantaged, mental health, substance abuse, disability, homelessness

Attempt to address pre-existing issues that lead to offending

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How are they different?

Less formal

More flexible than Magistrates’ Court

Participants are more comfortable which encourages greater compliance with court orders

More individual approach

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Drug Court

Started in 2002 in Dandenong

Offenders must plead guilty

The court deals with sentencing & supervision of the treatment of offenders with drug/alcohol dependency while under the influence or to support their habit)

Focus is on rehabilitation

Custodial sanctions (imprisonment) don’t adequately address drug use

Drug treatment order can be ordered which involves drug testing, counselling, treatment, education, detox.

Tries to reintegrate offenders back into the community

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Koori Court

Why is one needed?

12 x more likely to end up in jail than a non Aboriginal

High number of deaths in custody (Royal Commission)

Created in 2002

It assists in addressing issues relating to their offending behaviour

Gives the Koori community greater participation in the hearing and process 12

Aims of Koori Court

Deter re-offending

Increase the ownership of administering justice

Increase positive participation

Make the family and Koori community more accountable

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How is it different?

Less formal proceedings

Large round table approach with family Magistrate, Justice worker, prosecution, offender etc.

Plain English used, not technical language

Magistrate can take advice from Elders

Conditions;

Plead guilty, not sexual or family violence involved

Shows intention to take responsibility

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Family Violence List

Started in Ballarat in 2005 and 4 others now

It provides easier and simpler access to justice system for victims and those affected

Promotes the increased safety for those affected

Protects children in the family

Increases the accountability to change behaviour

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Features

Special support services located at the court

More security officers

Legal and outreach workers

Trained Magistrates

Intervention orders made easier to process

Giving evidence through closed circuit TV

Support person in witness box with person giving evidence

Was first trialled in Heidelberg and Ballarat now in Sunshine, Melbourne, Frankston; shows the success.

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Sexual Assault List

There is an increased incidence of sexual violence

Significantly unreported

VLRC recommended reforms to allow a fairer approach for victims (video facilities, trained staff)

Victims are women, children, vulnerable, mentally impaired and are usually known to the offender

Started as a pilot list in 2006

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Evaluation of the Sexual Offences List

The final report of the Sexual Assault Reform Strategy states;

Improved efficiency in case preparation

Improved efficiency in the conduct of hearings

Victims reported an improved experience with the courts and justice systemreport; 70 victims of sexual assault surveyed 83% would recommend reporting a sexual assault to police & pursuing though the courts. 60% without reservations.

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Assessment and Referral Court

Aim is to meet the needs of the accused with mental illness &/or cognitive impairment

Provides case management such as psychological assessment, referral to services etc

Aims to reduce harm to the community

Improve the wellbeing of accused

Increase the options for the offender

Decrease numbers ending up in prison

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Eligibility

Not violent

Non sexual crime

Mental illness

Intellectual disability

Neurological impairment (e.g dementia)

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Neighbourhood Justice Centre

2007 first of its kind in Australia

Multi Jurisdictional – VCAT, Children's, Victims of Crime Tribunal

A chief Magistrate deals with all disputes ( residential tenancy, victims of crime, small civil claims)

Aims to address the underlying causes of the offence

Offenders are diverted to a variety of treatments;

Legal advice, mediation, employment, housing, mental health, counselling etc.

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Recent Developments

Magistrates’ Court jurisdiction has expanded to meet the needs of a changing community and legal system. It has therefore seen an increase in workload

To continue to be efficient they have introduced arbitration, mediation, Children’s and County Koori courts, drug court etc.

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Magistrates’ Court Annual Report 2010-2011

Has maintained efficiency

Backlog of cases have decreased

11% decrease in backlog of criminal cases

23% decrease in backlog of civil cases since 2006-7

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Your Turn

Complete question

1 on page 199

Complete question 2 (BUT) only outline the original and appellate jurisdiction of the Magistrates Court

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