A large percentage of the cases heard in the Magistrates' Court involve penalties being imposed for relatively minor infringements of the law. Despite claims by some that the justice system is stacked in favour of the defendant, relatively few people plead "not guilty" in the Magistrates' Court.

The Magistrates' Court includes six specialist court divisions: the Koori Court, the Family Violence Division, the Drug Court, the Industrial Division, the Assessment and Referral Court List and the Neighbourhood Justice Division. These divisions are designed to achieve better outcomes for the community and in criminal matters provide more effective access to rehabilitation for offenders. The Victims of Crime Assistance Tribunal (VOCAT) also operates within the Magistrates' Court (for further information about the VOCAT, see: Chapter 18*4 Assistance for Victims of Crime).

Access to these divisions of the court is controlled by eligibility criteria related to the division's jurisdiction, e.g. family violence issues, identification as a Koori or offending arising from drug addiction issues. Other eligibility criteria also apply, such as matters related to the seriousness of the offending. These specialist divisions do not operate at all Magistrates' Courts: you should inquire about access to them with Magistrates' Court staff.

Traffic offences, breaches of the Domestic Animals Act 1994 (Vic) and disputes over parking fines, for instance, are dealt with in the Magistrates' Court. Though not generally treated as criminal matters, they are often heard alongside matters that are obviously criminal in nature.

Increasingly, however, minor matters, including shop theft, are being dealt with by way of direct fines imposed by an enforcement agency (for example, the Public Transport Corporation) and it is only by electing to go to court that you can now get a hearing for such matters.

Although failing to pay a parking or any other similar type of fine might bring you into contact with the Infringements Court, you cannot get a hearing there (see: Chapter 4*4 Infringements and Fines, and "Infringement notices", in Chapter 4*2 Driving Offences, for information on how to get one of these matters before a Magistrates' Court). At the same time, the continued expansion of the types of serious crimes that can be dealt with by Magistrates' Courts has made the court far more significant within our justice system than was previously the case.

The Magistrates' Court has the jurisdiction to handle all summary (less serious) criminal offences and many indictable (serious) criminal offences. Typical summary matters are: being drunk and disorderly, offensive behaviour, wilful damage, resisting police, and loitering offences.

Section 28(1) of the Criminal Procedure Act 2009 (Vic) ("CP Act") provides that, in addition to the offences listed in Schedule 2 of that Act, any offence for which the maximum prison term is 10 years or less and the maximum fine set is 1,200 penalty units or less can be heard in the Magistrates' Court. Schedule 2 sets out those offences that have higher maximum penalties than those referred to above but can still be dealt with in the Magistrates' Court.

Some of the serious offences that may be heard in the Magistrates' Court (with reference to relevant sections of the Crimes Act 1958 (Vic) ("Crimes Act (Vic)") are:

Even if an indictable offence may be heard in the Magistrates' Court, the defendant or the prosecutor may demand that it be heard in the County Court.

The prosecution would normally do this if the limited penalties available to a Magistrate did not reflect the seriousness of the alleged offence. The Magistrates' Court cannot impose prison sentences of more than two years for any single offence (ss.113 & 113A Sentencing Act 1991 (Vic) ("Sentencing Act"). In respect of several offences committed at the same time, the Magistrates' Court cannot sentence a person to more than a total of five years imprisonment, unless an Act specifically provides otherwise (s.113B Sentencing Act).

Defendants may prefer to go to a higher court and have the matter heard by a jury. However, the higher penalties in the County Court, as well as the heavy cost and time delays involved in having a matter heard in the County Court, act as a strong disincentive to using this forum. It is almost always preferable to have the matter dealt with in the Magistrates' Court, if possible. Also see: "Pleading guilty to a criminal charge", in Chapter 2*1 Self-representation.

The Magistrates' Courts' civil jurisdiction is set out generally under sections 4, 100 and 101 of the MC Act.

The monetary limit for claims in the Magistrates' Court is $100,000 for all matters, including personal injury. The jurisdictional limit is defined in section 3 of the MC Act. However, some of the other Acts that confer jurisdiction on the Magistrates' Court permit Magistrates to exercise jurisdiction even in cases where the amount of money involved exceeds $100,000.

The following list sets out some of the more common types of civil matters heard in the Magistrates' Court.

The Magistrates' Court does not have jurisdiction to hear the following matters.

It is important to make sure that an action is brought within the correct jurisdiction because otherwise the court has power to strike the matter out (cancel the action) and award costs against the person bringing the action (s.101(c) MC Act). The Magistrates' Court does not have jurisdiction in a civil case unless expressly enacted by statute and any sum claimed is within the Magistrates' Court limit (see above). Under section 101, the court may amend the complaint for the purpose of bringing the proceeding within jurisdiction, or stay the proceeding pending an application to transfer the proceeding to a higher court.

Arbitration is a more informal hearing of cases in the Magistrates' Court. The court must determine disputes of less than $10,000 by arbitration, subject to a number of exceptions set out in section 102 of the MC Act. The intention is to reduce the cost and formality of disputes for small claims (s.102). (For an alternative means of resolving small claims, see: "Small claims: the Civil Claims List of VCAT", in Chapter 12*4 Consumer Remedies.) In addition, the court has power to refer a civil proceeding to meditation.

The Dispute Settlement Centre of Victoria (DSCV) describes mediation as a form of dispute resolution in which an impartial third party helps communication and negotiations between people in dispute.

The people in conflict meet with two mediators, who help the conflicting parties to work out a solution to their dispute which is acceptable to all parties. Parties to the dispute retain control over their dispute and take responsibility for the outcome.

Mediation is available throughout Victoria and is free of charge. Mediation can be conducted at a location convenient to the parties. If an interpreter is needed, one can be provided at no charge.

The Coroners Court is a specialist inquisitorial court with special tasks to perform. It is a court of inquiry and its role is set by the Coroners Act 2008 (Vic), which came into operation on 1 November 2009.

A Coroner's inquest must be held in certain circumstances, including where:

The Coroner may hold an inquest into any death they are investigating.

Any person may request that the Coroner hold an inquest into a death. Within three months of receiving a request, the Coroner must advise the applicant that the Coroner:

and will advise the applicant of the decision when the decision has been made.

Unless otherwise ordered by the Coroner, the senior next of kin of a deceased person must be given reports of a medical examination performed on the deceased. The Coroner may make available to a person with a sufficient interest any statements they intend to consider in the course of the inquiry. A person with a sufficient interest who has been granted interested party status in an inquiry may appear before the inquiry and examine or cross-examine witnesses. The person may also, if desired, be represented by a barrister, a solicitor or, with the permission of the Coroner, by some other person. The sorts of people who have been regarded as having a sufficient interest include relatives of the deceased and, in some cases, community organisations and pressure groups.

Witnesses may object to giving evidence on the grounds that they may incriminate themselves. However, a Coroner is empowered to direct witnesses to give evidence that may be incriminating if it does not tend to prove that they have committed an offence or are liable to civil penalty arising under a law of a foreign country, and it is in the interests of justice to require that the witness give the evidence. The witness will be issued a certificate providing that any evidence they give cannot be used against them in any court or before any person or body authorised by the law of the state.

Coroner's assistants are usually police prosecutors, based at the court complex. However, when there is a question about police involvement in a death, such as a death in police custody or a police shooting, generally lawyers are engaged to act as Counsel assisting the Coroner.

The Coroner attempts to establish, if possible, the identity of the deceased, the cause of death, and in some cases, the circumstances in which the death occurred.

From a public interest point of view, it is important to note that the Coroner may comment on any matter connected with the death, including matters related to public health and safety or the administration of justice. This power enables the Coroner to make positive recommendations for change to prevent future deaths.

In country areas, Magistrates at local courts sit as Coroners when necessary.

Coroners Courts are open to the public. For more information about the Coroners Court visit the Coroners Court of Victoria website (see below).

In Victoria there is a separate specialist Children's Court, which is discussed in detail in Chapter 6*2 The Children's Court. For information about the Children's Court on the internet go to www.childrenscourt.vic.gov.au.

Examples of some of the more serious matters regularly tried in the County Court include intentionally causing serious injury, armed robbery and rape. County Court Judges are not limited (as are Magistrates) in imposing terms of imprisonment on persons convicted of crime. They may impose any sentence, subject to the general principles of sentencing (see: the Sentencing Act) and the maximum penalties set by the legislation that establishes a certain act as a crime.

The County Court now has jurisdiction to hear all indictable offences except treason, murder and some other very serious offences (s.36A County Court Act 1958 (Vic)). The Director of Public Prosecutions (DPP) decides whether the trial is to be in the County or Supreme Court (s.353 Crimes Act (Vic)). In practice, all offences except treason, murder, serious terrorism and extremely serious drug offences are heard in the County Court.

The jurisdiction of the County Court covers:

An appeal may go to the County Court from any sentencing order of the Magistrates' Court under Part 6.1 of the CP Act.

Under section 256 of the CP Act any appeal operates as a rehearing, and the appellant is not bound by the plea entered into in the Magistrates' Court.

Section 255 of the CP Act sets out the procedure to be followed for appeals. An appeal is commenced by filing a Notice of Appeal with the Magistrates' Court and serving a copy on the respondent (i.e. the police informant and the Victorian DPP). The time for filing a Notice of Appeal under the CP Act is 28 days. Under section 263 an appeal filed after the 28-day period is deemed to be an application for leave of the County Court to appeal.

The Notice of Appeal must set out the general grounds on which the appeal is based. It must also include an undertaking signed by the appellant that they will prosecute the appeal and notify the Registrar of the County Court of any change of address. If the appellant does not continue with the appeal, the County Court can order that they pay costs.

Filing a Notice of Appeal generally acts as a stay of the sentence imposed, although there are two exceptions. First, if the appellant is in custody, the sentencing order is only stayed if and when the Court grants bail pending the appeal. Second, a sentencing order that involves the cancellation or suspension of a driver's licence is not automatically stayed unless and until the court so orders. The Notice of Appeal must include a signed statement that the appellant is aware that on appeal the County Court may make a sentencing order more severe than that sought to be appealed against.

An appellant who wishes to abandon (i.e. not proceed with) an appeal must file a Notice of Abandonment of Appeal with County Court in the form prescribed by the County Court Rules. It is best to get legal advice before commencing the appeal.

Any decision of the County Court in its appellant jurisdiction is generally final. An exception occurs when the court substitutes a sentence of imprisonment for any other sentence imposed. One can then, with the leave of the Appeal Court of the Supreme Court, appeal against the sentence to that court. Sections 283 to 286 of the CP Act set out the procedure for an appeal to the Court of Appeal.

The DPP has the right to appeal against a sentence imposed in the Magistrates' Court under Part 6.1 of the CP Act.

Note: There is no appeal to the County Court from a civil order of the Magistrates' Court.

An appeal against conviction in a criminal trial before a jury, or a sentence imposed by a Judge in the County Court or in the trial division of the Supreme Court, is to the Court of Appeal of the Supreme Court.

Appeals to the Court of Appeal are only available if the Court of Appeal gives the person leave to appeal (ss.274 & 278 CP Act). The time for lodging an application for leave to appeal is 28 days after the appellant has been sentenced (ss.275 & 279).

The DPP has no right of appeal against an acquittal before a jury, but may appeal against a sentence imposed after conviction (s.287).

The Supreme Court has jurisdiction to hear all indictable offences. Note that while the County Court can also hear all indictable offences except those matters set out above, only the Supreme Court can hear murder and treason charges.

The jurisdiction of the Supreme Court is unlimited in the amount of money which may be claimed and it is effectively unlimited in the subject matter of the cases.

It is important to be aware, however, that the State Government regularly amends the jurisdiction of the Supreme Court to exempt certain activities from the scrutiny of the court. An example of this can be found in the Australian Grands Prix Act 1994 (Vic), which sought to prevent people living in the vicinity of Albert Park from bringing actions for compensation for damage caused to their property by Grands Prix construction work.

It is far more costly to bring a case in the Supreme Court than in the County Court. If a matter can be brought in the County Court instead of the Supreme Court, it is generally wise to do so.

An appeal can be taken to the Supreme Court in the following ways: