Magistrates Court of the Australian Capital Territory

Last updated

Magistrates Court of the Australian Capital Territory
Coat of Arms of the Australian Capital Territory.svg
Magistrates Court of the Australian Capital Territory.jpg
The Magistrates Court Building located in Civic , Canberra, completed in 1996.
Magistrates Court of the Australian Capital Territory
35°16′49″S149°07′37″E / 35.280385°S 149.127023°E / -35.280385; 149.127023
Established
  • 25 November 1930 (1930-11-25)(as the Court of Petty Sessions) [1]
  • 1 February 1986 (1986-02-01)(as the Magistrates Court) [1]
Jurisdiction
Location Canberra
Coordinates 35°16′49″S149°07′37″E / 35.280385°S 149.127023°E / -35.280385; 149.127023
Composition method Executive appointment following advice of the Attorney-General
Authorized by Australian Capital Territory Legislative Assembly via the Magistrates Court Act 1930 (ACT)
Appeals to Supreme Court of the Australian Capital Territory
Judge term lengthMandatory retirement by age of 70
Website www.courts.act.gov.au/magistrates
Chief Magistrate
Currently Lorraine Walker
Since13 October 2011 (2011-10-13)

The Magistrates Court of the Australian Capital Territory is a court of summary jurisdiction that deals with the majority of criminal law matters and the majority of small civil law matters in the Australian Capital Territory, the Jervis Bay Territory and the Australian Antarctic Territory. [2]

Contents

The current Chief Magistrate is Lorraine Walker, appointed with effect from 13 October 2011. [3] However, Magistrate Glenn Theakston has been appointed Acting Chief Magistrate due to Walker's 12-month appointment as an Acting Judge of the Supreme Court. [4] Currently eight magistrates and one special magistrate assist the Chief Magistrate in hearing matters before the Court. [5] [6]

The court is located on Knowles Place near London Circuit at Civic, in Canberra, in the ACT Law Courts building that it shares with the Supreme Court of the Australian Capital Territory opened in 2019. [7] [8]

History

The court originated as the Court of Petty Sessions in 1930. [9] It was the Territory's first court and Acton House was the first courthouse. [9]

Previously, Territorians were required to travel to Queanbeyan, Goulburn or Cooma to have their legal matters heard. [9] Under the Seat of Government Acceptance Act, state or federal courts had jurisdiction to settle legal disputes arising within the Territory. [9] Due to the small number of matters that went before the Police Court in Queanbeyan and the District Court, this situation initially worked well. [9]

In 1926, Robert Garran (then Secretary of the Attorney-General's Department) recommended building a permanent courthouse in the Territory or, if that was not economically viable, then temporary courtrooms. [9] The Federal Capital Commission was unsympathetic to both suggestions. [9] In 1929, Acton House was accepted by Attorney-General John Latham as a suitable building from which the Court of Petty Sessions could conduct legal proceedings. [9] The building was refurbished and converted for court use the same year. [9]

In July 1930, the Court of Petty Sessions Ordinance 1930 was gazetted; the Court of Petty Sessions was established on 25 November of that year. [9] Despite the creation of the new court, the Territory still depended on visiting Magistrates until 1949, when FC Keane was appointed as the Territory's first resident Magistrate. [9] Prior to this, magistrates appointed by the Government of New South Wales who also held permanent appointments in either Queanbeyan or Goulburn were responsible for the court. [5] In 1974, Charles Kilduff became the Territory's inaugural Chief Magistrate. [9]

In time, the court's civil and criminal jurisdiction increased. From a base of £200 in the early years, the court could then settle civil proceedings up to $50,000. [9] And it could then deal with criminal offences that have a maximum penalty of two years' imprisonment or less and, with respect to Commonwealth matters, 12 months' imprisonment or less. [9] This has since increased.

Like the Supreme Court, the Court of Petty Sessions occupied several locations including the Acton Hotel in 1940 and Civic in April 1946. [9] It remained in Civic until 1963, when it relocated to the Law Courts Building it shared with the Supreme Court in Knowles Place, Civic. [9] The building was officially opened by Prime Minister Robert Menzies on 8 May 1963. [9] The Court of Petty Sessions was renamed the Magistrates Court on 1 February 1986. [9]

By the 1980s, as the workload of both courts increased, problems with accommodating both the Supreme Court and the Magistrates Court in the one building became more apparent. [9] Construction of a new Magistrates Court building, adjacent to the existing Law Courts Building, started in October 1994 and was completed in 1996. [9]

In 2019, stage one of construction was completed on a new building that joins the Supreme Court and the Magistrates Court into one building known as the ACT Law Courts precinct. [7] [8]

Jurisdiction

The territorial jurisdiction of the Magistrates Court encompasses the entirety of the Australian Capital Territory and the Jervis Bay Territory. Under the Jervis Bay Acceptance Act1915 (Cth), [10] the laws of the Australian Capital Territory apply in that particular area. Magistrates from the ACT travel to Jervis Bay Village on a regular basis to hold court for the region.

The Magistrates Court is established under, and has jurisdiction under, the Magistrates Court Act 1930 (ACT). [11]

It has a summary jurisdiction to deal with most criminal offences. [12] Criminal offences which carry a maximum term of imprisonment of two years or less, or for Commonwealth offences one year or less, must be heard by a magistrate. Some offences may be heard in either the Magistrates Court or the Supreme Court.

It also has jurisdiction to hear civil cases that are between $25,000 and $250,000 in value, although it cannot hear cases in which the title to land is in dispute. Any amount in dispute under $25,000 is dealt with by the ACT Civil and Administrative Tribunal. [13]

It also has jurisdiction to deal with family violence orders, personal protection orders and workplace protection orders. [14]

The Children's Court is a division within the Magistrates Court that hears matters involving children or young people, either for criminal matters or care and protection matters. [15]

The Coroner's Court is another division within the Magistrates Court that investigates violent or unnatural deaths, suspicious fires and/or explosions, but it cannot make orders to punish offenders. [16] All magistrates are coroners by virtue of their appointment and special magistrates may also be appointed coroners. [17]

The Industrial Court is another division that has jurisdiction to deal with criminal and civil matters arising out of industrial or work safety contexts. [18]

Magistrates are also justices of the peace by virtue of their appointment as a magistrate. [11]

Composition

The court is constituted by either magistrates or special magistrates. [11] Generally, magistrates sit alone. A special magistrates may also constitute the court. [11]

Magistrates and special magistrates are appointed by the executive. [11] Magistrates and special magistrates must retire at 70 years of age. [11]

The executive must also appoint a Chief Magistrate. [11] The Chief Magistrate is responsible for the prompt discharge of the court's business, and may in consultation with a magistrate, decide the types of cases which a magistrate will hear. [11]

Membership

Chief Magistrate

NameDate appointedTerm in officeNotes
Chief Magistrate Lorraine Walker 13 October 201112 years, 199 days [19]

Magistrates

NameDate appointedTerm in officeNotes
Magistrate Beth Campbell 5 August 199825 years, 268 days [3]
Magistrate Peter Morrison 14 February 201212 years, 75 days
Magistrate Bernadette Boss 11 June 201211 years, 323 days
Magistrate Robert Cook 11 September 201310 years, 231 days
Magistrate Glenn Theakston 30 May 20167 years, 335 days
Magistrate Louise Taylor 10 September 20185 years, 232 days
Magistrate James Lawton6 May 20194 years, 359 days
Magistrate James Stewart6 May 20194 years, 359 days

Special Magistrates

NameDate appointedTerm in officeNotes
Special Magistrate Margaret Hunter OAM 21 May 20149 years, 344 days [6]

Process

Commencing cases

Criminal cases are usually commenced by laying an information before a magistrate. An information is similar to a complaint or a charge. The magistrate may then either issue a summons for the defendant to attend court voluntarily or may issue a warrant for his or her arrest.

In serious cases, police officers may arrest a person and bring them directly before the magistrate. In any case, the person may be remanded in custody or may be released on bail. Depending on the seriousness of the crime, the magistrate may sentence the person if found guilty, or may commit the person for trial to the Supreme Court.

Hearings are heard in open court unless there is a law or a good reason for the matter to be heard in closed court.

Appeals

In certain circumstances, decisions made by the Magistrates Court may be appealed to the Supreme Court of the Australian Capital Territory. The Magistrates Court does not hear matters on appeal.

See also

Related Research Articles

The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.

<span class="mw-page-title-main">Justice of the peace</span> Judicial officer elected or appointed to keep the peace and perform minor civic jobs

A justice of the peace (JP) is a judicial officer of a lower court, elected or appointed by means of a commission to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs.

<span class="mw-page-title-main">Magistrate</span> Officer of the state, usually judge

The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, magistrate is a word applied to a person responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions, magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas.

<span class="mw-page-title-main">Judiciary of Malaysia</span> Largely centralized system

Judiciary of Malaysia is largely centralised despite Malaysia's federal constitution, heavily influenced by the English common law, as well as Islamic jurisprudence.

The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law.

<span class="mw-page-title-main">Magistrates' Court of Victoria</span> Lower court of Victoria, Australia

The Magistrates' Court of Victoria is the lowest court in the Australian state of Victoria.

<span class="mw-page-title-main">Supreme Court of South Australia</span>

The Supreme Court of South Australia is the superior court of the Australian state of South Australia. The Supreme Court is the highest South Australian court in the Australian court hierarchy. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. The Court is composed of a Chief Justice and as many other judges as may be required.

<span class="mw-page-title-main">Supreme Court of the Australian Capital Territory</span> Superior court of the Australian Capital Territory, Australia

The Supreme Court of the Australian Capital Territory is the highest court of the Australian Capital Territory (ACT). It has unlimited jurisdiction within the territory in civil matters and hears the most serious criminal matters.

<span class="mw-page-title-main">District Court of New South Wales</span> Intermediate court of New South Wales

The District Court of New South Wales is the intermediate court in the judicial hierarchy of the Australian state of New South Wales. It is a trial court and has an appellate jurisdiction. In addition, the Judges of the Court preside over a range of tribunals. In its criminal jurisdiction, the Court may deal with all serious criminal offences except murder, treason and piracy. The Court's civil jurisdiction is generally limited to claims less than A$1,250,000.

<span class="mw-page-title-main">Local Court of New South Wales</span>

The Local Court of New South Wales is the lowest court in the judicial hierarchy of the Australian state of New South Wales. Formerly known as the Court of Petty Sessions and the Magistrates Court, there are more than 160 branches across New South Wales where the Local Court has jurisdiction to deal with the majority of minor civil and criminal matters.

<span class="mw-page-title-main">District Court of Western Australia</span> Court in Western Australia

The District Court of Western Australia is the intermediate court in Western Australia. The District Court commenced in 1970, amid additional stress placed on the existing Magistrates Court and Supreme Court due to the increasing population of Western Australia. At its inception, the Court consisted of four judges: Sydney Howard Good, William Page Pidgeon, Desmond Charles Heenan and Robert Edmond Jones.

<span class="mw-page-title-main">County Court of Victoria</span> Principal trial court of Victoria, Australia

The County Court of Victoria is the intermediate court in the Australian state of Victoria. It is equivalent to district courts in the other states.

<span class="mw-page-title-main">Supreme Court of Norfolk Island</span> Superior court for the Australian territory of Norfolk Island

The Supreme Court of Norfolk Island is the superior court for the Australian territory of Norfolk Island. It has unlimited jurisdiction within the territory in civil matters and hears the most serious criminal matters. It also has jurisdiction over the Coral Sea Islands Territory. All matters are heard before a single judge, including appeals from the Court of Petty Sessions. In the Australian court hierarchy, it is one of eight state and territory Supreme Courts having unlimited jurisdiction in their respective parts of Australia. Appeal lies to the Federal Court of Australia, from which an appeal by special leave can be made to the High Court of Australia.

The Norfolk Island Court of Petty Sessions was created by the Court of Petty Sessions Act 1960, and is the equivalent of most Australian mainland Magistrates' Courts or Local Courts.

<span class="mw-page-title-main">Judiciary of Pakistan</span> National judicial system

The judiciary of Pakistan is the national system of courts that maintains the law and order in the Islamic Republic of Pakistan. Pakistan uses a common law system, which was introduced during the colonial era, influenced by local medieval judicial systems based on religious and cultural practices. The Constitution of Pakistan lays down the fundamentals and working of the Pakistani judiciary.

<span class="mw-page-title-main">Magistrates Court of South Australia</span> Lowest level court in South Australia

The Magistrates Court of South Australia is the lowest level court in the state of South Australia. The Magistrates Court, then known as the Court of Petty Sessions, was established in 1837, by the Court of Sessions Act 1837. It has both original and appellate jurisdiction and hears matters specified in the Magistrates Court Act 1991 (SA).

<span class="mw-page-title-main">Coroner's Court of the Australian Capital Territory</span>

The Coroner's Court of the Australian Capital Territory is a court which has exclusive jurisdiction over the remains of a person and the power to make findings in respect of the cause of death of a person or fire in Australian Capital Territory.

<span class="mw-page-title-main">Local Court of the Northern Territory</span>

The Local Court of the Northern Territory is one of two levels of court in the Northern Territory of Australia. It has jurisdiction in civil disputes up to A$250,000, and in criminal cases in the trial of summary offences, and also deals with preliminary matters for indictable offences which are then heard by the Supreme Court of the Northern Territory. There are local courts held in Darwin, Alice Springs, Katherine, Tennant Creek, and some "bush courts" in remote locations.

<span class="mw-page-title-main">Judiciary of Jamaica</span>

The judiciary of Jamaica is based on the judiciary of the United Kingdom. The courts are organized at four levels, with additional provision for appeal to the Judicial Committee of the Privy Council in London. The Court of Appeal is the highest appellate court. The Supreme Court has unlimited jurisdiction in all cases, and sits as the Circuit Court to try criminal cases. The Parish Court in each parish hears both criminal and civil cases, excluding grave offences. The Petty Sessions are held under Justices of the Peace, with power to hear minor crimes.

<span class="mw-page-title-main">Law of the Bahamas</span>

The basis of the Bahamian Law and legal system lies within the English Common Law tradition. Justices of the Supreme Court, Registrars and Magistrates are all appointed by The Governor-General acting on the advice of the Judicial and Legal Service Commission, which is composed of five individuals who are headed by the Chief Justice as their chairman. The Chief Justice and the Justices of the Court of Appeal, including the President, are appointed by the Governor-General on the recommendation of the Prime Minister after consultation with the Leader of the Opposition. Once appointed, the salaries and other terms of appointment of the Chief Justice, Justices of Appeal and Justices of the Supreme Court cannot be altered to their disadvantage. Justices of the Supreme Court can serve until the age of 65 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 67. Justices of Appeal can serve until the age of 68 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 70 years. The law of The Bahamas makes provisions for the appointment of 12 Justices to the Bench of the Supreme Court, inclusive of the Chief Justice, and for five Justices of the Court of Appeal, inclusive of the President. The Chief Justice, as Head of the Judiciary, is an ex officio member of the Court of Appeal, but only sits at the invitation of the President.

References

  1. 1 2 "History of the ACT Magistrates Court". ACT Magistrates Court. ACT Government. 25 February 2015. Retrieved 1 August 2016.
  2. ↑ DEWHA. "Australian Antarctic Territory Act 1954". www.legislation.gov.au. Retrieved 12 March 2019.
  3. 1 2 "Current ACT Magistrates". ACT Magistrates Court. ACT Government. 31 May 2016. Retrieved 1 August 2016.
  4. ↑ Back, Alexandra (30 July 2019). "Bench shuffle as chief magistrate moves into new drug court role". The Canberra Times. Retrieved 5 August 2019.
  5. 1 2 "Former and Current Magistrates". ACT Magistrates Court. ACT Government. 31 May 2016. Retrieved 1 August 2016.
  6. 1 2 "Special Magistrates". ACT Magistrates Court. Retrieved 26 February 2019.
  7. 1 2 "Stage 1 of ACT Law Courts complete with new plaque". ACT Government. 7 March 2019. Retrieved 9 March 2019.
  8. 1 2 Ryan, Emma (18 March 2019). "Stage 1 redevelopment of ACT Law Courts complete". www.lawyersweekly.com.au. Retrieved 21 March 2019.
  9. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 "Government Records about the Australian Capital Territory: Courts and tribunals". National Archives of Australia. Retrieved 26 February 2019. CC-BY-SA icon.svg This article contains quotations from this source, which is available under the Attribution-ShareAlike 3.0 Australia license.
  10. ↑ Jervis Bay Acceptance Act 1915 (Cth)
  11. 1 2 3 4 5 6 7 8 Magistrates Court Act 1930 (ACT)
  12. ↑ "Criminal jurisdiction". ACT Magistrates Court. 10 September 2016. Retrieved 1 March 2019.
  13. ↑ "Civil Jurisdiction". 4 July 2017. Retrieved 1 March 2019.
  14. ↑ "Protection and Family Violence Orders". ACT Magistrates Court. 1 May 2017. Retrieved 1 March 2019.
  15. ↑ "Childrens Court". ACT Magistrates Court. 3 March 2017. Retrieved 1 March 2019.
  16. ↑ "Coroner's Court". ACT Magistrates Court. 28 July 2017. Retrieved 1 March 2019.
  17. ↑ "Coroners Act 1997" (PDF). ACT Legislation Register. Retrieved 21 March 2019.
  18. ↑ "Industrial Court". ACT Magistrates Court. 30 May 2018. Retrieved 1 March 2019.
  19. ↑ "Magistrates Court Appointment 2011". ACT Government Legislation Database. Retrieved 9 March 2019.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.