Magistrates Court of the Australian Capital Territory
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The Magistrates Court of the Australian Capital Territory is a court of summary jurisdiction in the Australian Capital Territory, a territory of Australia. The court deals with the majority of less serious criminal cases and the majority of small civil cases in that territory. The court is located on London Circuit, Canberra at Civic. It is a relatively new building, having previously occupied the older building next door to it which is now occupied by the Supreme Court of the Australian Capital Territory. The Chief Magistrate of the Australian Capital Territory is Ron Cahill.
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[edit] Jurisdiction
The court has jurisdiction under the Magistrates Court Act 1930 (ACT). This act was previously known as Magistrates Court Act 1930 (Comm). It has a summary jurisdiction to deal with most criminal offences other than serious criminal matters such as murder and sexual assaults.
It also jurisdiction to hear civil cases that are not over $50,000 in value, although it cannot hear cases in which the title to land is in dispute.
Magistrates may also constitute the Small Claims Tribunal of the Australian Capital Territory. This tribunal may determine civil claims up to the value of $10,000.
Magistrates are also justices of the peace by virtue of their appointment as a magistrate.
[edit] Composition
The court is constituted by either magistrates or special magistrates. Generally, magistrates sit alone. Two or more special magistrates can also constitute the court.
Magistrates and special magistrates are appointed by the executive. Magistrates must retire at 60 years of age, whilst special magistrates must retire at 70 years of age.
The executive must also appoint a Chief Magistrate. 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.
[edit] 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.
[edit] Appeals
In certain circumstances, a party unhappy with a decision may appeal to the Supreme Court of the Australian Capital Territory.
[edit] Locations
[edit] References
- Magistrates Court Act 1930 (ACT). http://www.legislation.act.gov.au/a/1930-21/current/pdf/1930-21.pdf
Template:Government of Australian Capital Territory
