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All criminal proceedings start at a magistrates' court. Summary offences are lesser crimes (for example, public order offences and most driving matters) that can be punished under the magistrates' courts maximum sentencing powers of 12 months imprisonment, and/or an unlimited fine. [2]
The maximum prison sentence in the magistrates' court is six months (which may be imposed consecutively up to 12 months for two triable either-way offences). There is also a range of ancillary sentences available to the courts, such as compensation orders, costs, restraining orders and disqualification orders, depending on the type of offence.
A permanent magistrate is a full-time magistrate, and is assigned to sit in one of the seven magistrates' courts. The Chief Justice appoints on a temporary basis a number of principal and permanent magistrates to sit as a Master in the High Court [2] or to sit as a Deputy District Judge or Master in the District Court, Family Court or Lands Tribunal.
The Magistrates Court also hears minor indictable offences, unless the defendant elects to have their case heard in a superior court. [17] Minor indictable offences include those punishable by a maximum fine that is equal to or less than $120,000 or offences that have a maximum penalty of 5 years’ imprisonment. [21]
It means that the right to a jury trial could be removed from a whole series of offences apart from the most serious and magistrates could be empowered to hand out sentences beyond their current ...
Magistrates also sit at the Crown Court to hear appeals against verdict and/or sentence from the magistrates' court. In these cases the magistrates form a panel with a judge. [60] A magistrate is not allowed to sit in the Crown Court on the hearing of an appeal in a matter on which they adjudicated in the magistrates' court. There is a right of ...
The Melbourne Magistrates' Court, the principal venue of the Magistrates' Court of Victoria A magistrates' court is a lower court where, in several jurisdictions , all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings.
McClelland received a mandatory minimum sentence of 11 years and a maximum period of 16.5 years for her conviction of Aggravated ... Mar. 23—GALLIPOLIS — On Wednesday, Gallia County ...