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

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