The Law Handbook 2024

16 Section 1: Understanding our laws and courts The Magistrates’ Court cannot impose prison sentences of more than two years for any single offence (ss 113, 113A Sentencing Act 1991 (Vic) (‘ Sentencing Act ’). If several offences were committed at the same time, the Magistrates’ Court cannot sentence a person to more than a total of five years’ imprisonment, unless an Act specifically provides otherwise (s 113B Sentencing Act). Defendants might also prefer to have their matter heard in a higher court before a jury. However, the higher penalties in the County Court, and the heavy cost and time delays involved in matters heard in the County Court, are strong disincentives. It is almost always preferable from the defendant’s point of view to have the matter dealt with in theMagistrates’ Court. See also ‘Representing yourself in a criminal case in the Magistrates’ Court’ in Chapter 2.3: Representing yourself in court, and ‘Choosing between a summary trial or a judge and jury (or a judge alone)’ in Chapter 3.7: Which court for which crime? Magistrates’ Court: Parallel and support services – therapeutic and preventative justice In recent decades, the Magistrates’ Court has played a larger role in the area of preventative and therapeutic responses to criminal offending. Many services are now available to accused people at court. These include the Court Integrated Services Program ( CISP ), the Youth Justice Court Advice Service, family violence programs and initiatives, the Mental Health Court Liaison Service, Koori community engagement officers, and the Enforcement Review Program. Similarly, there are many support services available at the Magistrates’ Court for complainants, victims and witnesses. There is a particular emphasis on providing support for victims of family violence. Support services are available at most courts from Court Network volunteers and the Salvation Army. In addition, specialist support is available for vulnerable witnesses in certain proceedings through court-appointed intermediaries and ground rules hearings. Details of these services and the requirements for eligibility can be obtained from your local Magistrates’ Court, or from the Magistrates’ Court website at www.mcv.vic.gov.au (click on ‘Find support’, then select the relevant link). Magistrates’ Court: Committals If an indictable offence cannot be heard by a Magistrates’ Court – or if it can be heard there, but the court determines that the matter is too serious, or the accused does not consent to the matter being heard in a Magistrates’ Court – then the accused must be tried by a judge and jury in a higher court. In such a case, the magistrate conducts a ‘committal proceeding’, which is a court hearing that decides whether or not there is enough evidence to justify sending the case to a trial by jury. People involved in committal proceedings – particularly victim witnesses for the Crown – should be aware that their cross-examination at trial will not necessarily be the same as their cross-examination at a committal proceeding. It is also important to not presume that a person who is committed for trial will be found guilty at trial. Committal proceedings are designed to test the strength of the evidence. Once it appears likely that a defendant will be committed to trial, the defence lawyers may choose to cross-examine witnesses to examine their credibility. Testimony that is very strong on paper may be much weaker when given by a frightened or confused witness. Equally, what might appear to be inconclusive evidence can be far more forceful when presented by a firm, decisive witness. Knowing how a witness is likely to present in court is an important element for the defence lawyers to consider in planning a trial defence. There are onerous requirements for running a committal proceeding. For information about the ‘hand-up brief ’ procedure, see ‘Committal procedure’ in Chapter 3.7: Which court for which crime? Magistrates’ Court: Family violence matters The Specialist Family Violence Court Division of the Magistrates’ Court is established by section 4IA and its jurisdiction is set out in section 4IB of the MC Act. Other important matters relating to the Specialist Family Violence Court Division are dealt with in sections 4J–4L of the MC Act. The level of work undertaken by the Specialist Family Violence Court Division has increased signi­ ficantly since it was established. It is now one of the busiest jurisdictions of the court.