Canberra · How the ACT courts work
ACT Magistrates Court vs the Supreme Court.
The ACT criminal courts are structured differently from New South Wales. There is no District Court. Two courts hear criminal matters at first instance: the Magistrates Court and the Supreme Court.
- Lower courtMagistrates CourtSummary matters and committals
- Higher courtSupreme CourtSerious indictable trials
- No middle courtNo District CourtUnlike New South Wales
- AppealsCourt of AppealFrom the Supreme Court
The ACT criminal court hierarchy.
The ACT Magistrates Court hears summary offences, deals with bail, and conducts the committal stage of indictable matters. The ACT Supreme Court hears the serious indictable matters, sits with a jury or, for some offences, a judge alone, and hears appeals from the Magistrates Court. The Supreme Court, constituted as the Court of Appeal, hears appeals from Supreme Court trials.
There is no intermediate court. In New South Wales, mid-range indictable matters are tried in the District Court. In the ACT, those matters go to the Supreme Court. Anyone who assumes the New South Wales structure will get this wrong.
Which matters are heard in the Magistrates Court?
Summary offences, meaning less serious offences, are heard and finalised in the Magistrates Court by a magistrate sitting without a jury. Many offences that are technically indictable can also be dealt with in the Magistrates Court. Under s 374 of the Crimes Act 1900 (ACT) the prosecutor can elect summary disposal for offences carrying more than two but not more than five years. Under s 375 the Magistrates Court can deal with certain indictable offences summarily, by consent, where the offence carries up to ten years, or up to fourteen years where it concerns money or property under a value limit.
Dealing with a matter summarily can carry a real advantage, because the Magistrates Court sentencing powers are capped. Whether to consent or elect is a strategic decision.
Which matters go to the Supreme Court?
The most serious offences are strictly indictable and must be tried in the Supreme Court. Murder, manslaughter, serious sexual offences and serious drug offences are examples. These matters start in the Magistrates Court, pass through a committal, and are then tried in the Supreme Court by a jury or, where the offence allows and the accused elects, by a judge alone.
Specialist lists in the Magistrates Court.
The ACT Magistrates Court runs several specialist lists: the Family Violence list, the Childrens Court, the Galambany Court for circle sentencing of Aboriginal and Torres Strait Islander adults, the Warrumbul Circle Sentencing Court for young people, and the Drug and Alcohol Court, which can make a drug and alcohol treatment order in place of full-time imprisonment.
Frequently asked.
Does the ACT have a District Court?
No. Unlike New South Wales, the ACT has no District Court. There are two criminal trial courts, the Magistrates Court and the Supreme Court, with appeals to the Court of Appeal.
What does the ACT Magistrates Court do?
It hears summary offences, deals with bail, runs the committal stage of indictable matters, and can deal with some indictable offences summarily by consent. It also runs specialist lists including the Family Violence list, Galambany Court and the Drug and Alcohol Court.
What does the ACT Supreme Court do?
It tries serious indictable matters with a jury or, for some offences, a judge alone, and it hears appeals from the Magistrates Court. Constituted as the Court of Appeal, it hears appeals from Supreme Court trials.
Why does it matter which court hears my matter?
The court sets the sentencing range, the procedure and the cost. The Magistrates Court has capped sentencing powers, so keeping an eligible matter there, or electing it up, can be a strategic decision to take on advice.
Charged in the ACT, or facing a Supreme Court trial?
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