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What Courts Do

Courts:

• hear cases and determine the guilt or innocence of people brought before them
• apply the law within the framework set by Parliament
• set specific penalties for convicted offenders.

The role of the courts is to apply the law within the framework set by Parliament. This includes setting specific sentences for individual offenders found guilty of a crime. When setting these sentences the court must consider the principles, purposes and factors for sentencing as set out in the Sentencing Act 1991 and how these have been applied and interpreted by other courts.

The judges and magistrates who perform sentencing functions in the courts are independent of parliament and the executive branch of government. This independence is important and helps to ensure that decisions are made fairly and impartially, and free from political interference.

Victorian Court Hierarchy

The Magistrates’ Court is Victoria’s lower court. The Magistrates’ Court can hear all summary (less serious) offences such as assault, drink driving and possession of drugs relating to adults and young offenders.

The Children’s Court of Victoria is on the same level as the Magistrates’ Court. The Children’s Court can hear all matters relating to children except murder, attempted murder, manslaughter, arson causing death and culpable driving causing death.

The County Court hears most indictable (serious) offences such as culpable driving causing death, rape and armed robbery. The County Court can also hear appeals from lower courts.

The Supreme Court is Victoria’s highest court. The Supreme Court hears the most serious crimes such as murder and manslaughter. The Supreme Court can also hear appeals from lower courts.