| Magistrates' Court of Victoria | |
|---|---|
  Logo of the Magistrates' Court (left), Coat of Arms of Victoria (right) | |
 | |
| Established | 1836 |
| Jurisdiction |  Victoria |
| Location | Headquartered inMelbourne, with 51 venues across Victoria |
| Composition method | Appointed byGovernor on the advice of the Executive Council |
| Authorised by | Magistrates' Court Act 1989 (Vic) |
| Appeals to | |
| Judge term length | Mandatory retirement by age 70 |
| Website | www |
| Chief Magistrate | |
| Currently | Justice Lisa Hannan |
| Deputy Chief Magistrates | |
| Currently | Ms Felicity Broughton and Ms Susan Wakeling |
TheMagistrates' Court of Victoria is the lowest court in theAustralianstate ofVictoria.
The court possessesoriginal jurisdiction oversummary offences andindictable offences heard summarily, as well ascivil claims up to $100,000. It is also able to hear various pre-trial criminal procedures, includingbail applications andcommittal hearings.
Decisions of the Magistrates' Court may be appealed to theCounty Court, with theSupreme Court also able to hear a limited number ofappeals on questions of law.
A typical courtroom layout consists of awitness box, apublic gallery, thebar table (at which the parties sit), a raisedbench for seating the sittingmagistrate and a clerk and sometimes adock for housingdefendants in custody. Many Victorian magistrates' courts have video link facilities for witnesses to appear via remotevideo conference rather than in person and is used for when witnesses cannot travel or the prisoner is unable to travel to court in person.
The Magistrates' Court of Victoria hears many different types of cases, such as:
Magistrates are appointed by the Attorney General after receiving expressions of interest[1] from Australian lawyers[2] and are appointed as members of theVictims of Crime Assistance Tribunal (VOCAT), which is a separate and independent statutory entity which determines claims for compensation made by victims of crime and their families.[3]
Although the current court was established by theMagistrates' Court Act 1989 (Victoria), Victoria has had magistrates since 1836, when the people of Melbourne elected an arbitrator of the city to resolve minor disputes. CaptainWilliam Lonsdale, a police magistrate, was appointed in 1836 and the first case was heard at a location near the present site ofSouthern Cross station (formerly Spencer Street station).
In 1838, a third court, the Court of Petty Sessions was created. By 1890, all three types of courts were held at 235 locations throughout Victoria.
On 20 January 1914, the new City Court was opened at Russell Street in Melbourne andPhillip Blashki JP was the first Chairman of the City Court Bench. The then Prime Minister,Alfred Deakin, presented Blashki with an illuminated address signed by 30 of the court's solicitors when he retired, aged 70.[4]
Police magistrates were able to sit in on Petty Court sessions, but generally two or threeJustice of the Peace were required for cases to be heard. The Court of Petty Sessions, also originally attended to matters under 20 pounds, and even criminal matters, like drunkenness and minor assaults.
On 29 May 2000, a Deed of Apology was signed for the treatment ofAboriginal peoples, which tied in withNational Sorry Day actions, by the Chief Magistrate and Principal Registrar on behalf of the Magistrates' Court of Victoria. The deed was received at the Wangaratta courthouse by Wally Cooper.[5]
In 2000, Chief Magistrate of the Court Michael Adams was forced to stand down on 31 October after claims that he harassed female members of his court. This was reported onThe 7.30 Report[6] and also in the Melbourne newspapers, resulting in theextraordinary vote.
TheChief Magistrate is currently Justice Lisa Hannan. The Chief Executive Officer is Andrew Tenni. The Principal Registrar is Simone Shields.