Magistrates Court of South Australia

The Magistrates Court of South Australia is the lowest level court in the state of South Australia. The Magistrates Court, then known as the Court of Petty Sessions, was established in 1837, by the Court of Sessions Act 1837.Court of Sessions Act (1837) SA. (Austl.). It has both original and appellate jurisdiction and hears matters specified in the Magistrates Court Act 1991 (SA).Magistrates Court Act 1991

The Magistrates Court has both a criminal and civil jurisdiction. In its criminal jurisdiction, the Magistrates Court deals with summary offencesSummary offences and minor indictable offences. The court has the power to impose a fine, imprisonment of up to five years for one offence,Magistrates Court Act 1991 (SA) s 9(4)(a) (Austl.). an intensive correction orderSentencing Act 2017 (SA) s 81 (Austl.). (which may include community serviceSentencing Act 2017 (SA) s.86 (Austl.).) or a good behaviour bond.Sentencing Act 2017 (SA) s 97 (Austl.). In its civil jurisdiction, it hears matters involving up to $100,000 for general claims, unless this requirement is waived by the parties to the proceeding.Magistrates Court Act 1991 (SA) ss 3, 8 (Austl.).

The Chief Magistrate is the leading judicial officer of the Court. Her Honour Judge Mary-Louise Hribal was appointed to the position on 1 October 2015,Courts Administration Authority of South Australia. (2021). Our Judiciary. and still holds the position. Including the Chief Magistrate, there are 34 magistrates in South Australia, based in Adelaide and in metropolitan courts at Christies Beach, Elizabeth, Mount Barker and Port Adelaide.Courts Administration Authority of South Australia. (2021). Court Locations – CAA. Retrieved from There are also nine magistrates based in the regional courts of South Australia.

Jurisdiction

Original jurisdiction The Magistrates Court of South Australia is the lowest court in the stateBrown, D., Farrier, D., McNamara, L., Steel, A., Grewcock, M., Quilter, J., & Schwartz, M. (2020). Criminal Laws Materials and Commentary on Criminal Law and Process of New South Wales (7th ed.). The Federation Press. and contains the following divisions:

Criminal Division Court of Petty Sessions Civil (General Claims) Division Civil (Minor Claims) Division Civil (Consumer and Business) Division.Magistrates Court Act 1991 (SA) s 7(1). (Austl.) The Magistrates Court hears approximately 80% of all civil disputesCourts Administration Authority of South Australia. (2021). Our Courts- CAA. Retrieved from https://www.courts.sa.gov.au/our-courts/ and every criminal matter commences in this court. In the Magistrates Court only a small proportion of cases actually go to trial as according to Professors Anleu and Mack, it is common for defendants to plead guilty.Roach Anleu, S., & Mack, K. (2017). Performing judicial authority in the lower courts (p 18). Palgrave.

Criminal division This division of the Magistrates Court hears less serious offences known as summary offences.Magistrates Court Act 1991 (SA) s 9. These offences are defined under section 5 of the Criminal Procedure Act 1921 (SA).Criminal Procedure Act 1921 (SA) s 5. (Austl). Summary offences include those that cannot be punished by imprisonmentCriminal Procedure Act 1921 (SA) s 5(2)(a). (Austl). or offences that carry a maximum imprisonment term of two years or less.Criminal Procedure Act 1921 (SA) s 5(2)(b). (Austl). Summary offences may also include offences that involve both imprisonment or a fine of $2,500 or less.Legal Services Commission. (2016). Specialist Courts. There are however exceptions to the rule, for example, "an offence of violence" will not be deemed a summary offence even if it fits the other criteria of a summary offence.Criminal Procedure Act 1921 (SA) s 5(2)(ba)(ii). (Austl).

The Magistrates Court also hears minor indictable offences, unless the defendant elects to have their case heard in a superior court. Minor indictable offences include those punishable by a maximum fine that is equal to or less than $120,000 or offences that have a maximum penalty of 5 years’ imprisonment. Some offences that have a maximum penalty of more than 5 years' imprisonment, will also be classified as minor indictable offences if they fall into specific categories, for example, indecent assault, destroying property valued at less than $30,000 and other offences, as specified in section 5 of the Criminal Procedure Act 1921 (SA).Criminal Procedure Act 1921 (SA) s 5(3)(a)(iii). (Austl).

The Magistrates Court cannot hear any major indictable offences.Major indictable offences If, however, the defendant pleads guilty to a charge for a major indictable offence and the court obtains the consent of the prosecution and defence, the defendant can be sentenced in the Magistrates Court. Major indictable offences are more serious criminal offences. For example, destroying or damaging property with a value greater than , or indecent assault against a child under the age of 14, as set out in the Criminal Procedure Act 1921 (SA).Criminal Procedure Act 1921 (SA) s 5(3)(b) (Austl). This means the Magistrates Court does not have jurisdiction to determine the defendant's innocence or guilt for a major indictable offence, it can only impose penalties on a defendant who has pleaded guilty.Criminal Procedure Act 1921 (SA). s 116(1) (Austl). However, there is an exception, namely that the Magistrates Court cannot sentence cases involving murder or treason. It also cannot sentence offences for conspiracy to commit murder or treason or assault with intent to commit murder or treason.Criminal Procedure Act 1921 (SA) s 116 (1)(a) (Austl).

The court also has jurisdiction to conduct a committal proceeding (a preliminary examination to see if there is sufficient evidence to commence a case)Law. J. (2018). A dictionary of law. (9 ed. Edited by Jonathan Law.). Oxford University Press. for any major indictable offences.Magistrates Court Act 1991 (SA) s 9(1)(a) (Austl).

In the Magistrates Court, a magistrate is unable to sentence an accused to more than five years' imprisonment for a single offence or ten years' imprisonment for greater than one offence.Magistrates Court Act 1991 (SA) s 9(4)(a) (Austl). A fine imposed cannot exceed $150,000 or $300,000 for accused persons found guilty under the Work Health and Safety Act 2012 (SA).Magistrates Court Act 1991 (SA) s 9(4)(b) (Austl).Work Health and Safety Act 2012

The Magistrate may also remit the case to a superior court if they believe that an offence warrants a higher sentence.Criminal Procedure Act 1921 (SA) s 113(2)(c)(i)(B) (Austl.).

Petty Sessions Division This division hears expiable offences such as traffic offences.Magistrates Court Act 1991 (SA) s 9(b)(i) (Austl.).Expiable offences Such offences are those which police officers and transport authorities can charge people with through an expiation noticeLegal Services Commission of South Australia. (2018). Expiation notices. Lawhandbook.sa.gov.au. Retrieved from https://lawhandbook.sa.gov.au/ch20s01.php and fines given by such authorities range from A$50 to hundreds of dollars.Expiation of Offences Act 1996 (SA) s 6. (Austl.). Expiation notices allege that someone has committed an offence and they can either pay the fine or go to court and contest it.

The court also hears "prescribed offences", which are offences where the maximum penalty is less than A$2,500 and includes imprisonment.Magistrates Court Act 1991 (SA) s 9A(1)(b)(iii) (Austl.). These offences are outlined in the regulations of the Magistrates Court Act 1991 (SA).Magistrates Court Act 1991 s 9A(2) (Austl.). This division also hears offences which do not include imprisonment and where the maximum penalty is less than $2,500 and may include license disqualification. This division may also hear appeals regarding fines, under the Fines Enforcement and Debt Recovery Act 2017 (SA).Magistrates Court Act 1991 (SA) s 9A(1)(c) (Austl.).; Fines Enforcement and Debt Recovery Act 2017 (SA) s 23 (Austl.).

Civil division The civil division of the Magistrates Court can hear and determine civil matters where the amount claimed is less than $100,000Magistrates Court Act 1991 (SA) s 8(1)(a) (Austl.). and can grant any form of relief necessary when hearing a minor civil action. Parties may however waive this monetary limit and if this occurs, the court can hear matters involving any sum of money.Magistrates Court Act 1991 (SA) s 8(1)(a) (Austl.).; Vines, P. (2013). Law and Justice in Australia: Foundations of the Legal System. (3rd ed.). Oxford University Press.

The monetary limits for each civil division in the Magistrates Court are as follows:

Minor Claims division: maximum of $12,000 General Claims division: $12,001–$100,000 Consumer and Business Division: up to $100,000Legal Services Commission South Australia. (2021, January 4). Civil Claims. Law Handbook. Magistrates Court Act 1991 (SA) ss 3,8 (Austl.) The Minor Claims division typically hears neighbourhood disputes and small statutory proceedings including applications under the Fences Act 1975 (SA) or actions in trespass.Legal Services Commission South Australia. (2021). State Courts. Lawhandbook.sa.gov.au. Retrieved from ; Courts Administration Authority of South Australia. (2021). Starting a civil case. CAA.Fences Act 1975 Parties are not allowed to be represented by a Lawyer unless the opposing party is a legal practitioner, the court believes the party will be "unfairly disadvantaged" without legal representation or if all parties agree to the use of legal representation.Magistrates Court Act 1991 (SA) s 38(4)(a) (Austl.). Therefore, this division has simple procedures, with little technicalities and legal forms, enabling people to represent themselves.

The General Claims division typically hears contractual, personal injury and debt disputes.

The Consumer and Business Division, hears matters that involve Australian Consumer Law, including rights to a refund, repair or replacement for faulty items, a right to cancel a service when it does not meet the advertised description or services not performed with due skill and care.Go To Court. (2021). Making a Consumer Claim in South Australia. Go To Court.

The court can also guide the parties towards mediation, which is an alternative dispute method that does not involve going to court. It is cheaper may be a more appropriate alternative to litigation (going to court).

Appellate jurisdiction

A sentence or conviction for a minor indictable or summary offence can be appealed this will be heard by a single judge in the Supreme Court.Magistrates Court Act 1991 (SA) s 42(2) (Austl.). For a second subsequent appeal, the appellant (the person appealing the decision) must obtain permission from the Supreme Court.Magistrates Court Act 1991 (SA) s 43A (Austl.).

Sentences for major indictable offences can be appealed to the Court of Appeal of South Australia, which is a division of the Supreme Court.Magistrates Court Act 1991 (SA) s 42(2)(ab) (Austl.). However, to do this, appellants must first obtain permission from the Court of Appeal. Appeals to the Court of Appeal can also be made for other reasons, if permission is obtained by a judge of the Supreme Court.Magistrates Court Act 1991 (SA) s 42(b) (Austl.).

History

Legal history

On 2 January 1837 the Court of Petty Sessions, also known as the Police Court, was created by the Court of Sessions Act 1837.Court of Sessions Act 1837 (SA). (Austl.) In this court, magistrates would hear summary offences without a jury, for example traffic offences and public intoxication. According to Griffith University, the first Court of Petty Sessions was held at Holdfast Bay on 7 January 1837, with a case involving a dispute between a master and servant.Finanne, M., Piper, A., & Kaladelfos, A. (2021). South Australian Courts – The Prosecution Project. Griffith University.