For the purpose of this report, visits have been made to the Supreme Court of Victoria on Thursday, 3rd of March 2016. The Supreme Court is located at 210 William Street, Melbourne. The court visits are an essential experience for students taking part in law studies to further familiarise with the Australian court system through actual participation in court proceedings. This report will aim to provide a reflective discussion on the experiences and observations encountered at the Supreme Court visits and also the overall structural system of the court system. The court hearing which will be examined in this report is the trial of Fai Sing Yiu accused of stabbing a father of four to death at lunchtime in Melbourne’s Chinatown over a $24,000 …show more content…
The Trial Division is made up of three divisions: Crime, Common Law and the Commercial Court. It hears the most serious criminal and civil cases in Victoria such as cases of treason, murder, attempted murder and civil cases which involve greater amounts of money. The Trial Division can also hear appeals from the Magistrates’ Court and the Victorian Civil and Administrative Tribunal.
On arrival at the courts, all personal belongings are put through a compulsory security screening. Security checks are undertaken to ensure the court remains a safe environment. The courtroom draws a clear layout that distinguishes the various roles of the courtroom through the conspicuous arrangements of the spaces. The courtroom itself is rather small, yet compact; the voices could be heard clearly with speakers attached across the room.
There are many people involved in the courtroom system. Below is a list of the people you will see in the Supreme Court:
Accused – The person whom the criminal case is brought upon, sometimes referred to as the defendant. In this hearing, the defendant was Fai Sing Yiu.
Associate Judge – The person who carries out judicial function of the hearing, they do not hear trials.
Barrister – Legal advocate who is briefed by a solicitor to present the case in court. In this hearing, the defence barrister was Jarred Williams.
Solicitor – The person who represents the accused in court.
Informant – Police officer who
The Victorian Court System was made up of many different parts, including the three different courts, the different juries, and the lawyers. There were three different courts: the Petty Court, the Assize Court and the King’s/Queen’s Bench. Each of the three courts functioned to serve a different purpose, and worked together to hold all of the trials. There were also different court sessions, which included Petty Sessions, Quarter Sessions, Borough Sessions, and City Councils, all of which served different purposes. In addition to the courts and court sessions, there were also the two different juries and the different lawyers. All of these components of the court were very important to the trials, and made the court what we know it as today.
For the purpose of this report, a visit to the Melbourne Magistrate's Court was made on 22nd March, 2016. On this day, the second day of a four day committal hearing was heard regarding the matter of Omer Cicekdag, presided over by Magistrate Ann Collins.
Juries in NSW The jury system plays a very important part in the running of the courts. The jury system is needed in both criminal and civil cases. There are advantages of the jury system as well as disadvantages.
Describe the role of each of these people in the court. (8 marks, 4 marks each article)
Trial by jury can be traced back to the 12th Century and has been an integral part of the criminal justice system since Henry II favoured it over trial by ordeal (Davies, Croall and Tyrer 2010, p.311). Although they are used in both crown court trials and civil cases, the introduction of the Administration of Justice Act 1933 has reduced the use of juries in civil cases significantly (Joyce 2013, p.208). However, they are only used in about one third of cases in the Crown Court (Huxley-Binns and Martin, p.220). Since the 19th Century, the statutory provisions for jury service have been amended and revised considerably resulting in the Criminal Justice Act 2003. Throughout this essay I will be firstly discussing who is eligible to sit on a
About the only trial participants whose roles are properly portrayed by television court shows are those of court reporters, bailiffs and court clerks. Court reporters are traditionally almost never seen or heard from in movies or on television shows, even though their roles are extremely important to the legal process because they create the legal record of proceedings. Court clerks, who normally operate and run much of the court procedures and behind the scenes work, are also not usually seen or heard from in the courtroom, in television shows or real life. Only bailiffs, due to their ability to carry a gun in the court room, are
A legal adviser in the court gives advice on the law and makes sure the magistrates follow the right procedures.
These judges are experts in law and are the decision makers of whether or not a decision made by the president and congress is unconstitutional. There are 5 associate judges with 1 Chief Justice. These judges are appointed by the president and then confirmed by congress. Also included with keeping the president and congress in check. They get to serve as judges for the rest of their lives if they
On observing the District Court a number of distinctions from the Local Courts were immediately made apparent. Without going in to detail about the actual structure of the courts, they seemed to fit more closely with the traditional schema of a typical courtroom. In particular the larger courtrooms with more facilities combined with the barristers and magistrates wearing their wig and robes seemed to instantly uphold the ideology of justice. It is interesting to note how appearances can automatically provide an impression that justice will be upheld. The
Based on the 2012 survey conducted by the New South Whales Law and Justice Foundation, it showed that around 1.7 million Australians can expect to encounter a legal problem each year and 490,000 of those people will not receive legal advice due to financial reasons or lack of knowledge. The prices for legal services have increase by 49% in the last 6 years alone. This dramatic inflation of costs within the justice system leads to increased difficulty within society to be able to afford anything but the most basic of legal representation. When people who can’t afford a lawyer turn to government funded legal assistance, they find that due to chronic funding shortages, ongoing help is often restricted to those on only the lowest incomes and even further, is only for a narrow collection of family and criminal legal
In the american court room there are several people involved. Some of the most important and lawful figures include: the judge, who is the main authority and the one responsible for justice. The prosecuting attorney, responsible for presenting the case against the defendant. The defense counsel, who is in
There are many different reasons a person can find themselves in a court as the defendant.
<br>Towards the mid section of the Australian Court Hierarchy System, lies the County of District Court. The cases that this court's jurisdiction covers is very similar to those of the Supreme Court. This particular court hear appeals from the lower courts and a great majority of criminal hearings are heard in these courts. The judges appointed to hear the cases of this court are appointed by the State Parliament. The Country Court's jurisdiction is empowered to hear civil disputes in which one hundred thousand dollars ($100,000) or less is claimed for personal damages.
The Courts have been put in place to ensure the rule of law is upheld. It is a mechanism that con-sists of criminal courts and these courts are the Magistrates court and the Crown courts. The Mag-istrates’ court is where all criminal cases begin apart from those cases based on family members and young people, due to them having a separate court for this. There are three types of cases that the magistrates’ court deals with. The first is a summary offence, this is an offence that does not require a jury it is also a less serious offence. An example of a summary offence would include drink driving, property damage and minor assaults. The second is an either-way offence and ex-amples of this include theft and burglary. The third is an indictable-only
A legal advocate who is briefed by a solicitor to present the defence or prosecution case in court.