The Law Handbook 2024

Chapter 1.2: An introduction to the courts 19 connected with the death, including matters related to public health and safety or the administration of justice. This power enables the coroner to make positive recommendations for change to prevent future deaths. Since 1 January 2014, all coronial matters are dealt with by the Coroners Court, ending the previous arrangement where magistrates in country courts undertook some coronial work. For the Coroners Court’s contact details, see ‘Contacts’ at the end of this chapter. For more information about the Coroners Court, visit the court’s website at www.coronerscourt.vic.gov. au. See also ‘Making a complaint about a judge or magistrate’, below. Children’s Court In Victoria there is a separate, specialist Children’s Court, which is discussed in detail in Chapter 1.4: The Children’s Court. For contact details for the Children’s Court, see ‘Contacts’ at the end of this chapter. For more information about the Children’s Court, visit www.childrenscourt.vic.gov.au. See also ‘Making a complaint about a judge or magistrate’, below. County Court County Court: Overview The County Court is one rank higher in the Victorian justice system hierarchy than the Magistrates’ Court. From here on up, you can expect to see plenty of wigs and gowns. The County Court atmosphere is far more formal than that in the Magistrates’ Court, and the types of matters dealt with are generally more serious in the criminal jurisdiction, and involve larger amounts of money in the civil jurisdiction. You can make a complaint about a County Court judge to the chief judge. Complaints must be in writing. You can contact the complaints officer at feedback@countycourt.vic.gov.au. See also ‘Making a complaint about a judge or magistrate’, below. For contact details for the County Court, see ‘Contacts’ at the end of this chapter. For more information about the County Court, visit the court’s website at www.countycourt.vic.gov.au. County Court: Criminal jurisdiction The County Court can hear all indictable offences except treason, murder and some other very serious offences (s 36A County Court Act 1958 (Vic)). Examples of the more serious criminal matters regularly tried in the County Court are intentionally causing serious injury, armed robbery and rape. The Director of Public Prosecutions ( DPP ) decides whether a trial is to be held in the County or Supreme Court (s 160 CP Act ). In practice, all indictable offences except treason, murder, serious terrorism and extremely serious drug offences are heard in the County Court. Unlike magistrates in the Magistrates’ Court, County Court judges are not limited in imposing terms of imprisonment on people convicted of committing crime. They may impose any sentence, subject to the general principles of sentencing and the maximum penalties set by the legislation that establishes a certain act as a crime. County Court: Civil jurisdiction The jurisdiction of the County Court covers: • all claims for personal injuries and other personal actions (e.g. recovery of a debt or a chattel, or a claim for damages for an injury to a person’s property), irrespective of the amount claimed; • claims against a council or municipality for loss or injury sustained while using roads, land, buildings, etc., under the control of the council or the municipality; • actions where jurisdiction is specifically given to the County Court by a statute. Appeals heard in the County Court Any sentencing order (i.e. a sentence of imprisonment in a criminal case) from the Magistrates’ Court can be appealed in the County Court (pt 6.1 CP Act). Any appeal operates as a rehearing, and the appellant does not have to enter the same plea as they did in the Magistrates’ Court (s 256 CP Act). The procedure to be followed for an appeal is set out in section 255 of the CP Act. An appeal is commenced by filing a Notice of Appeal with the Magistrates’ Court and serving a copy on the respondent (i.e. the police informant and the Victorian DPP). The Notice of Appeal under the CP Act must be filed within 28 days of the sentence being imposed. After the 28 days has passed, a person may only appeal with the leave (i.e. permission) of the County Court. Under section 263, an appeal filed after