5 2 Reasons for a court Hierarchy 1

5. 2 Reasons for a court Hierarchy 1

The Victorian Court hierarchy 2

Reasons for a hierarchy Specialisation Enables courts to specialise in hearing specific types of cases. � Doctrine of Precedent Lower courts must follow legal reasoning (Ratio decidendi) made by superior courts in same hierarchy. � Appeals (on the grounds of severity or leniency, on the point of law) Provides for a mechanism of review � Administrative efficiency Efficient/timely resolution of disputes Cost effective Utilisation of resources Subject matter experts � 3

Reasons for existence of a court hierarchy 4

Children's Court � � � 1. 2. 3. 4. 5. 6. 7. � The Criminal Division of the Children's Court of Victoria has jurisdiction to hear and determine charges against young people aged between 10 and 17 years at the time of committing the alleged offence. If a young person has turned 19 by the time their court case is commenced in the Children's Court, the case will be transferred to the Magistrates' Court. The Criminal Division of the Children’s Court may deal with all charges except: murder attempted murder manslaughter child homicide defensive homicide arson causing death, and culpable driving causing death. The Criminal Division may also conduct committal proceedings in relation to young people who have been charged with serious criminal offences, including the above, and who wish to, or who must, have their case heard by a judge and jury in the County Court or Supreme Court. 5

Court Jurisdiction 6

Advantages/Disadvantages � � Precedent can operate creating consistency & predictability Appeals are possible More complex cases dealt by experienced judges Specialisation ie. Children’s Drug court � � � Precedent may be distinguished by a lower court Binding precedent may be inappropriate Too many appeals More staff with so many appeals Easier to have one court All judges should have high level expertise regardless of court 7

Your Turn Complete Questions 1 – 5 (Page 193) � 8