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. It has both original and appellate jurisdiction and hears matters specified in the Magistrates Court Act 1991.
The Magistrates Court has both a criminal and civil jurisdiction. In its criminal jurisdiction, the Magistrates Court deals with summary offences and minor indictable offences. The court has the power to impose a fine, imprisonment of up to five years for one offence, an intensive correction order or a good behaviour bond. 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.
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, and as of 2023 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. 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 state and contains the following divisions:- Criminal Division
- Court of Petty Sessions
- Civil Division
- Civil Division
- Civil Division.
Criminal division
This division of the Magistrates Court hears less serious offences known as summary offences. These offences are defined under section 5 of the Criminal Procedure Act 1921. Summary offences include those that cannot be punished by imprisonment or offences that carry a maximum imprisonment term of two years or less. Summary offences may also include offences that involve both imprisonment or a fine of $2,500 or less. 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.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.
The Magistrates Court cannot hear any 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. 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. 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.
The court also has jurisdiction to conduct a committal proceeding for any major indictable offences.
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. A fine imposed cannot exceed $150,000 or $300,000 for accused persons found guilty under the 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.
Petty Sessions Division
This division hears expiable offences such as traffic offences. Such offences are those which police officers and transport authorities can charge people with through an expiation notice and fines given by such authorities range from A$50 to hundreds of dollars. 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. These offences are outlined in the regulations of the Magistrates Court Act 1991 ''. 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''.
Civil division
The civil division of the Magistrates Court can hear and determine civil matters where the amount claimed is less than $100,000 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.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 $100,000
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.
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.
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. For a second subsequent appeal, the appellant must obtain permission from the Supreme Court.Sentences for major indictable offences can be appealed to the Court of Appeal of South Australia, which is a division of the Supreme Court. 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.
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. 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.When grand juries were abolished in 1852, the Court of Petty Sessions adopted this additional role. The role of grand juries was to determine whether there was enough evidence for a "major indictable offence" to go to trial in the Supreme Court of South Australia. The Magistrates Court still has this role today and it is now known as a Committal Proceeding.
In 1895 South Australia also became the first Australian state to create a children's court, under the State Children’s Act 1895. Today, it is known as the Youth Court, under the provisions of the Youth Court Act 1993.
Until 1969, matters were heard either in the Supreme Court or the Court of Petty Sessions. Thus, the Court of Petty Sessions would also hear intermediate matters, until 1969, when the District Court of South Australia was established by the Local Courts Act Amendment Act 1969.
In 1991, the Court of Petty Sessions became known as the Magistrates Court, under the Magistrates Court Act 1991.
In early February 2023, four new magistrates were appointed, including the first two Aboriginal Australian magistrates in the history of the courts – Lana Chester and Natalie Brown.
Building history
Previously, courts were held in public or government buildings. The first official, purpose-built Magistrates Court was created in 1967, in a building attached to the Supreme Court, on King Williams Street, in Adelaide.The Adelaide Magistrates Court building is currently located in the old Supreme Court building, on the South-East corner of King William Street and Angas Street in Adelaide. Construction of the building began on 10 November 1847 and finished in February 1851. The architect who designed the building was Richard Lambeth, who succeeded Edward Charles Frome, who was the colonial engineer of Australia. Although the external sandstone structure of the building has remained largely the same, the internal area has been largely altered. The only features that remain are the skylight, public gallery and the canopy.
Renovations to the building occurred in 1995 until 1997, in which a six-storey building was added to the rear of the building and thus the building now contains 25 courtrooms. However, the heritage listed components of the building located at the front and rear were retained.
The Adelaide Magistrates Court building originally housed the Supreme Court until 1873. Between 1873 and 1991 the building was used for the Local and Insolvency Courts. In 1991 the building was used for the Police Court, which is now known as the Magistrates Court.