U3AOS1 Topic 8: The Victorian court hierarchy
Study design dot point: - The reasons for the Victorian court hierarchy in determining criminal cases, including specialisation and appeals. |
Preface:
- Typically, exam questions focus on two main components for this topic. Firstly, they will ask about the reasons for the Victorian court hierarchy in determining criminal cases. As the study design dot point mentions specialisation and appeals, only reference these two reasons. Do not confuse these with the reasons for the Victorian court hierarchy in determining civil cases, which are appeals and administrative convenience. When talking about why the Victorian court hierarchy is necessary, be explicit about how the use of specialisation or appeals in the court hierarchy benefits how criminal cases are resolved. Do not just state that appeals achieve achieve y or specialisation achieves x--you need to elaborate on how appeals achieve y and how specialisation achieves x. Otherwise, you are not answering the question properly. Additionally, ensure that information related to the jurisdictions is clearly understood. This is 1/2 content and you should be familiar with it already. For high-scoring responses, the focus typically involves discussing or evaluating the ability of the Victorian court hierarchy to achieve the principles of justice in a criminal case, as specified in the key skills section of the study design.
The two reasons for the Victorian court hierarchy in determining criminal cases:
- Appeals.
- Specialisation.
Jurisdictions of the courts in the Victorian court hierarchy:
| Court | Original jurisdiction | Appellate jurisdiction |
| Magistrates' Court | - Summary offences - Indictable offences heard summarily | The Magistrates' Court has no appellate jurisdiction |
| County Court | Less serious indictable offences, such as: - rape - armed robbery - serious drug offences | The County Court hears appeals from the Magistrates' Court in relation to: - the offender appealing against the conviction - the offender(s) or the prosecution is appealing the sanction imposed |
| Supreme Court - Trial Division | In practice it hears more serious indictable offences, such as: - Murder and manslaughter - Terrorism | Hears appeals from the Magistrates' Court based on questions of law |
| Supreme Court - Court of Appeal | Has no original jurisdiction | - From the County Court or the Supreme Court (Trial Division) - From the Magistrates' Court where the Chief Magistrate decided the case |
Appeals:
- Allows an unsatisfied party to have the decision in their criminal case reviewed by a higher court.
- An appeal is not an automatic right. That is, the parties must have valid grounds for an appeal to lodge one. These grounds include appealing the sanction imposed, appealing on a question of law, and appealing the conviction.
- Having a court hierarchy arranged according to levels of superiority and authority means that decisions from lower courts can be reviewed by higher courts.
- Potentially erroneous decisions in lower courts can be corrected and rectified in higher courts if the case is reviewed by a higher court.
Note: It is not necessary to know the grounds for an appeal in-depth, but having a general idea of them is quite beneficial. Also, when talking about this reason, be really explicit about how its through the court hierarchy being arranged according to levels of superiority and authority that allows for appeals to be fostered in the criminal justice system. In addition, talk about how this is specifically beneficial for determining criminal cases.
Specialisation:
- Refers to the process of a court developing expertise in hearing certain types of cases.
- Is facilitated by the original jurisdictions of the court hierarchy, which allow certain courts to become experienced in hearing specific types of cases. For example, the original jurisdiction of the Supreme Court of Victoria - Trial Division means that its justices have expertise in laws for the most serious indictable offences, such as murder.
- Can allow for criminal matters to be resolved in an effective and timely efficient manner.
- Note: When talking about this reason, be really explicit about how its fostered through the court hierarchy being arranged according to levels of superiority and authority that allows for different courts to gain expertise in hearing certain types of offences from their original jurisdictions. Also, talk about how this benefits the resolution of criminal cases.
The Victorian court hierarchy and its ability to uphold the principles of justice: fairness, equality and access.
Fairness:
| Strengths | Weaknesses |
Equality:
| Strengths | Weaknesses |
Access:
| Strengths | Weaknesses |