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5.4 Specialists jurisdictions within the Magistrates Court
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Take note of the Koori Court, Drug Court, FV Court, NJH, Sexual Offences List and ARC List explanations as shown in blue on pages 198 & 199
A specialist court attempts to take a more individualised and service-focussed approach to the sentencing of special needs groups and provides a more realisticmethod of justice for these groups.
Overview of the Magistrates Court 2012 - 2013
The Magistrates’ Court of Victoria, was established under section 4 of the Magistrates’ Court Act 1989.
There are 114 magistrates,
14 reserve magistrates,
eight judicial registrars,
546 staff and 75 elders and respected persons.
The Court hears and determines 300,000 cases each year and about 2,500,000 people visit the Court during the year.
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Specialist Courts
There has been a number of these established in the Magistrates’ Court in recent years
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Specialist Courts Aims
Improve outcomes for those presenting & the community
Respond to revolving door nature of crime & punishment
Participants have underlying issue/s such as being socially, culturally disadvantaged, mental health, substance abuse, disability, homelessness
Attempt to address pre-existing issues that lead to offending
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How are they different?
Less formal
More flexible than Magistrates’ Court
Participants are more comfortable which encourages greater compliance with court orders
More individual approach
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Drug Court
Started in 2002 in Dandenong
Offenders must plead guilty
The court deals with sentencing & supervision of the treatment of offenders with drug/alcohol dependency while under the influence or to support their habit)
Focus is on rehabilitation
Custodial sanctions (imprisonment) don’t adequately address drug use
Drug treatment order can be ordered which involves drug testing, counselling, treatment, education, detox.
Tries to reintegrate offenders back into the community
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Koori Court
Why is one needed?
12 x more likely to end up in jail than a non Aboriginal
High number of deaths in custody (Royal Commission)
Created in 2002
It assists in addressing issues relating to their offending behaviour
Gives the Koori community greater participation in the hearing and process 12
Aims of Koori Court
Deter re-offending
Increase the ownership of administering justice
Increase positive participation
Make the family and Koori community more accountable
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How is it different?
Less formal proceedings
Large round table approach with family Magistrate, Justice worker, prosecution, offender etc.
Plain English used, not technical language
Magistrate can take advice from Elders
Conditions;
Plead guilty, not sexual or family violence involved
Shows intention to take responsibility
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Family Violence List
Started in Ballarat in 2005 and 4 others now
It provides easier and simpler access to justice system for victims and those affected
Promotes the increased safety for those affected
Protects children in the family
Increases the accountability to change behaviour
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Features
Special support services located at the court
More security officers
Legal and outreach workers
Trained Magistrates
Intervention orders made easier to process
Giving evidence through closed circuit TV
Support person in witness box with person giving evidence
Was first trialled in Heidelberg and Ballarat now in Sunshine, Melbourne, Frankston; shows the success.
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Sexual Assault List
There is an increased incidence of sexual violence
Significantly unreported
VLRC recommended reforms to allow a fairer approach for victims (video facilities, trained staff)
Victims are women, children, vulnerable, mentally impaired and are usually known to the offender
Started as a pilot list in 2006
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Evaluation of the Sexual Offences List
The final report of the Sexual Assault Reform Strategy states;
Improved efficiency in case preparation
Improved efficiency in the conduct of hearings
Victims reported an improved experience with the courts and justice systemreport; 70 victims of sexual assault surveyed 83% would recommend reporting a sexual assault to police & pursuing though the courts. 60% without reservations.
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Assessment and Referral Court
Aim is to meet the needs of the accused with mental illness &/or cognitive impairment
Provides case management such as psychological assessment, referral to services etc
Aims to reduce harm to the community
Improve the wellbeing of accused
Increase the options for the offender
Decrease numbers ending up in prison
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Eligibility
Not violent
Non sexual crime
Mental illness
Intellectual disability
Neurological impairment (e.g dementia)
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Neighbourhood Justice Centre
2007 first of its kind in Australia
Multi Jurisdictional – VCAT, Children's, Victims of Crime Tribunal
A chief Magistrate deals with all disputes ( residential tenancy, victims of crime, small civil claims)
Aims to address the underlying causes of the offence
Offenders are diverted to a variety of treatments;
Legal advice, mediation, employment, housing, mental health, counselling etc.
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Recent Developments
Magistrates’ Court jurisdiction has expanded to meet the needs of a changing community and legal system. It has therefore seen an increase in workload
To continue to be efficient they have introduced arbitration, mediation, Children’s and County Koori courts, drug court etc.
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Magistrates’ Court Annual Report 2010-2011
Has maintained efficiency
Backlog of cases have decreased
11% decrease in backlog of criminal cases
23% decrease in backlog of civil cases since 2006-7
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