The role of courts

When a law is broken, it is up to the courts to find a solution. Courts uphold the law and aim to make sure that justice, or fairness, is done. 

The law and society 
When people think of courts, they often think of dramatic murder cases, with lawyers dressed in wigs and gowns. But this is only a small part of the story. Legal disputes can happen in the most ordinary places. Neighbours might argue over the need to replace a dividing fence. Drivers might disagree about who caused a road accident. A worker might claim that he or she lost a job unfairly. Disagreements are a part of community life. Instead of leaving people to battle their problems alone, courts can help them to resolve these conflicts. 

Principles of justice 
These principles include protecting the innocent, being open and honest, and being fair to everyone. 

• Innocent until proven guilty

There is an important presumption, or belief, in criminal law that a person accused of committing a crime is innocent until proven guilty. In other words, the accused does not have to prove his or her innocence. Instead, the person making the accusation has to establish guilt. If the prosecutor cannot establish guilt, then the accused is entitled to be set free. ​

• Open justice

There is a belief that justice should not only be done, but it should also be seen to be done. This means that justice should not be carried out in secret behind closed doors. Anyone should be able to enter a courtroom and view the proceedings. For example, if members of the public watch a criminal trial, they can see that the person accused of the crime is being treated fairly.
There are some situations, however, when public viewing is not allowed. Children's Court cases are generally not open to the public. This helps to protect the privacy of the children who are found guilty of crimes, because their future might be affected in a negative way if they get a bad reputation from a young age. Cases closed to the public are said to be held in camera. This is a legal expression meaning 'in the room'. ​

• Fair procedures

All people who come before the courts have basic legal rights. This principle is known as natural justice. It means that everyone should be given a fair hearing and the chance to present his or her side of the·story. Each person is entitled to hear the case against him or her, has the right to question the other side, and to raise arguments against any opponent. Natural justice also means that judges must be even-handed and fair. They cannot favour one party, or side, over another. When making their decisions, judges cannot take irrelevant matters, which have nothing to do with the matter being considered, into account. For example, the fact that a person is of a particular religion may not have anything to do with a particular case, and should not be taken into account. ​

The 'Lady of Justice' on Melbourne's County Court is blindfolded, meaning she is even handed and cannot be influenced. She holds a scale to weigh the evidence, while her sword symbolises authority.

Magistrates Court

The Magistrates' Court is the first level of court in the Australian legal system. It is where most legal cases begin. Magistrates are the officials who listen to the cases and make decisions. They are similar to judges but usually deal with less serious matters.

Some of the cases that the Magistrates' Court handles include traffic offences (like speeding or dangerous driving), small criminal offences (like stealing or damaging property), and disagreements about money, especially if the amount is under $100,000. The court can also issue intervention orders, which help protect people who feel unsafe.
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When a more serious crime happens, like robbery or murder, the case might start at the Magistrates' Court but then move to a higher court, such as the County Court or Supreme Court.

County Court

Take a virtual tour of the Victorian County Court foyer or court room. 

Quiz

The County Court is the middle level of the court system in Victoria. It deals with more serious cases than the Magistrates' Court, but not the most serious ones (those go to the Supreme Court). It is an important part of making sure that justice is fair and available to everyone.

The County Court handles serious criminal cases like armed robbery, drug trafficking, and dangerous driving that causes death. It also deals with big civil cases. Civil cases are disputes between people or businesses, often about injuries, contracts, or money. In civil cases, there is usually no crime, but someone feels they have been wronged and wants the court to make it right.
In criminal cases, a jury is sometimes used. A jury is a group of twelve ordinary people who listen to the evidence and decide if a person is guilty or not guilty. In civil cases, it’s usually a judge who makes the decision.
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The County Court sits mainly in Melbourne, but judges also travel to regional towns to hear cases. This is called going on circuit. It means that people living outside big cities can still have their cases heard fairly and without having to travel far.

Supreme Court

The Supreme Court of Victoria is the highest court in the state. It deals with the most serious legal matters and has the most power of any court in Victoria. Sometimes it also reviews decisions made by the County Court or Magistrates' Court if someone believes a mistake was made.

The Supreme Court is divided into two main parts: the Trial Division and the Court of Appeal.

• The Trial Division hears very serious criminal cases, such as murder and major drug trafficking. It also deals with complicated civil cases, like big business disputes or problems involving large amounts of money.
• The Court of Appeal looks at cases where someone has asked for a previous court decision to be reviewed. The judges check if the law was applied correctly and decide if the original decision should stay the same or be changed.

​The Supreme Court has judges called Justices, and they are very experienced in the law. When hearing serious criminal cases, the court often uses a jury to help decide whether the accused person is guilty or not guilty.

Court Dogs

The Jury

It is the role of the Jury to decide the facts of the case. Watch the video below to find out more.

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• Magistrates Court
• ​Court Procedure
• Hierarchy
• ​Who's Who
• Alternatives to court

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Intervention Order Case

Criminal Case

Videos outlining two different cases presented in the Magistrate's Court.

Lawyers

Judges

Juries

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