Magistrates Court

The Magistrates Court is the local court in all States and Territories, and its courthouses are to be found in all cities and most towns in the State or Territory. All criminal and many civil cases first enter the court system in the Magistrates Court. The Magistrates Court also acts as a clearing-house for more-serious criminal cases, which are sent for trial to the District and Supreme Courts.

If someone commits a criminal offence of any kind, under any State law they must be brought before a Magistrates Court as soon as possible. The magistrate has the power to try the case, on the evidence before the court, if the person has been charged with a ‘summary’ offence, such as a traffic offence, a minor offence (e.g. shop-lifting or disorderly behaviour), and or a less serious burglary, assault, fraud or drug offence. The State Criminal Code and other legislation list the offences that a Magistrates Court can hear. In certain cases, the magistrate may give the defendant the choice of having the case decided by a magistrate or by a jury in a sitting of the next highest courts.

The Magistrates Court hears most civil cases in each State. If a person or company wants to sue another for compensation or money owed, the claim should be filed in the Magistrates Court. However, the claim amount must be less than a fixed amount which varies from State to State. If the amount is greater than this amount, the claim should be filed in the District or Supreme Court instead.

In a Magistrates Court, all judgments and decisions are made by the Magistrate alone. There is no jury.

All appeals against decisions made in the magistrates Court are taken to the District Court. An appeal must be lodged within a fixed period of the magistrate’s decision. This period may vary from state to state. However, the appeal must be about questions of law. The court will not re-examine the evidence or conduct the trial again.