Other Criminal Law
7. Which Court Will You Go To
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 12 Jul 2015
- Generally all cases start in the Magistrates’ or Local Court. There are rules about which court can hear and determine a criminal matter. This depends on the type of offence alleged.
- Less serious offences are called summary offences. Summary offences are heard and determined by a magistrate in the Magistrates’ or Local Court.
- Serious criminal offences are called indictable offences. They are heard and determined by a judge and jury in the District, County or Supreme Courts.
- Offences against Commonwealth law may be heard in the Federal Court.
- If you are between the ages of 10 and 18 you may need to appear in the Children’s Court. See our topic on Juvenile Justice for more information.
- Indictable offences will usually start in the Magistrates’ or Local Court by way of a committal hearing. This is a hearing before a magistrate where:
- the prosecution will present the evidence to the magistrate; and
- the accused person has an opportunity to question the prosecution’s witnesses.
- The magistrate will then make a determination as to whether there is enough evidence to support a conviction.
- If the magistrate determines there is not enough evidence to support a conviction the case is dismissed.
- If the magistrate determines that there is enough evidence to support a conviction the magistrate will commit the accused for trial in the higher court. Bail is also determined at this time.
- Some indictable offences are called ‘indictable triable summarily’. This means that the parties can choose or a magistrate can order that indictable offence to be fully heard and determined in the Magistrates’ or Local court instead of being referred to a higher court.
- Having an indictable offence dealt with summarily has benefits for both parties:
- for the prosecutor it means the matter is likely to be heard sooner and take less time; and
- for the accused the penalty may be less severe as magistrates are limited in the penalties they are able to give.
- Whichever court you are in you should address the magistrate or judge as “Your Honour.”
- A lawyer is the best person to explain which court your case will be heard in and what your options are. Our free Find a Lawyer directory may help put you in touch with the assistance you need.
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