fine and/or five years imprisonment. WORK OF THE COURT There are a number of diversionary and specialist aspects to the court’s criminal jurisdiction, some of which are detailed below, including restorative justice and the Galambany Court. Criminal jurisdiction Additional to these, the court has an important diversionary role in identifying where there are mental health illnesses that impact on a defendant’s culpability, or need for a The majority of the Magistrates Court’s work is in the criminal jurisdiction. The response that is directed towards their health needs rather than a criminal justice Magistrates Court has jurisdiction to hear all summary offence matters. Summary response. offences are ACT offences that carry a maximum sentence of two years imprisonment or In the reporting year, the court referred 67 defendants to a health facility under s. 309 less and Commonwealth offences with a maximum penalty of one year imprisonment. Crimes Act 1900 of the for an assessment of the defendant’s requirement for immediate The Magistrates Court’s jurisdiction is expanded in certain circumstances to hear more treatment or care for mental health reasons. Thirty-six defendants were referred to the serious offences (indictable offences) where either the prosecution elects to have the ACT Civil and Administrative Tribunal for assessment as to whether a treatment order Mental Health (Treatment and Care) Act 1994. offence heard summarily or the defendant consents to the jurisdiction of the Magistrates was required under the The court Crimes Act 1900, Court. determined pursuant to s. 335 of the that there were 14 defendants Where the prosecution elects, the maximum penalty that can be imposed for that who were unfit to enter a plea. offence is a fine of $5000 and/or two years imprisonment. Where there is consent of the defendant, the maximum penalty that can be imposed for that offence is a $15 000 Between 1 July 2014 and 30 June 2015 The court implemented a new practice direction in January 2015 that provides timeframes for the preparation of matters towards finalisation. The Chief Magistrate has mentioned in her foreword to this report the measures that have been taken by the court to continue to reduce the timeframes for the finalisation of matters. 22 23
WORK OF THE COURT Criminal jurisdiction The majority of the Magistrates Court’s work is in the criminal jurisdiction. The Magistrates Court has jurisdiction to hear all summary offence matters. Summary offences are ACT offences that carry a maximum sentence of two years imprisonment or less and Commonwealth offences with a maximum penalty of one year imprisonment. The Magistrates Court’s jurisdiction is expanded in certain circumstances to hear more serious offences (indictable offences) where either the prosecution elects to have the offence heard summarily or the defendant consents to the jurisdiction of the Magistrates Court. Where the prosecution elects, the maximum penalty that can be imposed for that offence is a fine of $5000 and/or two years imprisonment. Where there is consent of the defendant, the maximum penalty that can be imposed for that offence is a $15 000 fine and/or five years imprisonment. There are a number of diversionary and specialist aspects to the court’s criminal jurisdiction, some of which are detailed below, including restorative justice and the Galambany Court. Additional to these, the court has an important diversionary role in identifying where there are mental health illnesses that impact on a defendant’s culpability, or need for a response that is directed towards their health needs rather than a criminal justice response. In the reporting year, the court referred 67 defendants to a health facility under s. 309 of the Crimes Act 1900 for an assessment of the defendant’s requirement for immediate treatment or care for mental health reasons. Thirty-six defendants were referred to the ACT Civil and Administrative Tribunal for assessment as to whether a treatment order was required under the Mental Health (Treatment and Care) Act 1994. The court determined pursuant to s. 335 of the Crimes Act 1900, that there were 14 defendants who were unfit to enter a plea. Between 1 July 2014 and 30 June 2015 The court implemented a new practice direction in January 2015 that provides timeframes for the preparation of matters towards finalisation. The Chief Magistrate has mentioned in her foreword to this report the measures that have been taken by the court to continue to reduce the timeframes for the finalisation of matters. 22 23
act_magistrates_court_annual_review_2015.docx