The Magistrates’ Court can hear civil disputes up to the value of $100,000 arising from debts, claims for damages, other monetary disputes or equitable relief.
What Offences can be tried in a magistrates court?
Magistrates deal with three kinds of cases:
- Summary offences. These are less serious cases, such as motoring offences and minor assaults, where the defendant is not usually entitled to trial by jury.
- Either-way offences.
- Indictable-only offences, such as murder, manslaughter, rape and robbery.
How do you address a magistrate in Victoria?
You should:
- address the magistrate or judge as ‘Your Honour’
- nod your head at the magistrate or judge when entering or exiting the courtroom.
- stand silently whenever the magistrate or judge enters or exits the courtroom.
- stand whenever the magistrate or judge speaks to you.
What is the role of the magistrates court in Victoria?
The Magistrates’ Court deals with most legal disputes in Victoria. The court’s criminal jurisdiction hears ‘summary matters’ (less serious charges which are heard and decided by a magistrate), including traffic offences, minor assaults, property damage and offensive behaviour.
What happens in the magistrates court?
At the Magistrates’ Court, your trial will be heard either by a District Judge or by a bench of lay Magistrates. The Magistrates or the District Judge decides on matters of law (for example whether evidence is admissible) and fact (for example have you done what the prosecution say you have done?).
What are examples of criminal cases?
Criminal Cases
- assault,
- murder,
- sexual assault, and.
- identity theft.
Who decides the verdict in a magistrates court?
At trial in the magistrates’ court the verdict of ‘guilty’ or ‘not guilty’ is decided by the magistrates or District Judge. Where the trial is heard by magistrates, there must be at least two magistrates hearing the trial and each has an equal vote. There are no juries in the magistrates’ court.
What are the 3 categories of Offence?
There are 3 types of criminal offence:
- Summary offences.
- Either way offences.
- Indictable only offences.
Do you call a magistrate Your Honor?
“Your Honor” or “Judge” would be appropriate when addressing the magistrate directly. Shorten the title to “Hon.” when referring to the judge in writing, as is done by the Federal Magistrate Judges Association.
Who is involved in a magistrates court?
Who does what in a magistrates’ court? A person charged with an offence. Cases are heard either by three lay magistrates or one District Judge. The lay magistrates, or ‘Justices of the Peace’, as they are also known, are local people who volunteer their services.
What happens when a defendant pleads not guilty?
What happens if I plead not guilty? Pleading not guilty means that you say you didn’t do the crime, or that you had a reasonable excuse for doing so. The court will then have a trial to decide whether you did. You may get a longer sentence after conviction at a trial than if you pleaded guilty.
How does the Magistrates Court of Victoria work with the media?
The Magistrates’ Court of Victoria is committed to working with the media to make the court open and transparent. Practice directions are procedural guidelines issued by the Chief Magistrate that complement existing legislation, rules and regulations.
What is the role of a judicial officer Victoria?
Judicial officers, such as a magistrates and judicial registrars, can make decisions and directions about the law. They can also impose sentences. Judge Lisa Hannan is Victoria’s chief magistrate and has the responsibility of: performing statutory functions.
How many magistrates are there in MCV?
MCV has 117 magistrates who sit at the court’s 51 venues. There are also 18 magistrates who sit at the Children’s Court (CHC) and three who sit at the Coroners Court (CCOV).
Is there a glossary for the law of Victoria?
The law is difficult and is often described in technical language. Our glossary provides short descriptions of legal words and terms you will find on this website. The Magistrates’ Court of Victoria is committed to working with the media to make the court open and transparent.
