The Criminal Trial Process
Year 12 Legal Studies Crime Portfolio
Crime:
The Criminal Trial Process
1. Describe the role of the courts in the Criminal Justice Process: (300 – 400 Words)
Once a formal charge has been laid against a person, a hearing or trial of the accused will need to take place in an appropriate court. There are many courts that have jurisdiction to hear criminal offences. The right court for the matter to be heard will depend on a number of issues this includes:
The seriousness of the matter, in particular whether it involves a summary offence or an indictable offence
Whether the matter is being heard for the first time or whether it involves an appeal
The nature of the offence – some courts or divisions within courts will have authority to hear particular types of offences.
The age of the accused, particularly where the accused is a child or young person under 18.
The type of hearing – whether it’s a bail hearing or a commit hearting/trial.
Whether the alleged crime is an offence under state law or federal law.
The case will then be heard at the appropriate place within the court hierarchy. This refers to a system of courts, this includes lower courts – these courts deal will less serious offences such as summary offences, to intermediate and high courts – these courts deal with more serious offences as well as appeals that come from the lower court.
Each court has its own jurisdiction or area over which it has authority to hear matters. Minor matters such as summary offences are dealt with lower in the court hierarchy; the higher courts are reserved for more serious matters, indictable offences and appeals from the lower courts.
The authority for a court to hear a matter for the first time is known as Original Jurisdiction.
The authority to review matters on appeal from another court is known as the Appellate Jurisdiction
Lower Courts:
Local Courts:
The local court is the first point of call for most criminal matters in NSW.
It also has jurisdiction to hear civil
Crime:
The Criminal Trial Process
1. Describe the role of the courts in the Criminal Justice Process: (300 – 400 Words)
Once a formal charge has been laid against a person, a hearing or trial of the accused will need to take place in an appropriate court. There are many courts that have jurisdiction to hear criminal offences. The right court for the matter to be heard will depend on a number of issues this includes:
The seriousness of the matter, in particular whether it involves a summary offence or an indictable offence
Whether the matter is being heard for the first time or whether it involves an appeal
The nature of the offence – some courts or divisions within courts will have authority to hear particular types of offences.
The age of the accused, particularly where the accused is a child or young person under 18.
The type of hearing – whether it’s a bail hearing or a commit hearting/trial.
Whether the alleged crime is an offence under state law or federal law.
The case will then be heard at the appropriate place within the court hierarchy. This refers to a system of courts, this includes lower courts – these courts deal will less serious offences such as summary offences, to intermediate and high courts – these courts deal with more serious offences as well as appeals that come from the lower court.
Each court has its own jurisdiction or area over which it has authority to hear matters. Minor matters such as summary offences are dealt with lower in the court hierarchy; the higher courts are reserved for more serious matters, indictable offences and appeals from the lower courts.
The authority for a court to hear a matter for the first time is known as Original Jurisdiction.
The authority to review matters on appeal from another court is known as the Appellate Jurisdiction
Lower Courts:
Local Courts:
The local court is the first point of call for most criminal matters in NSW.
It also has jurisdiction to hear civil