Magistrates Court of the Australian Capital Territory

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Magistrates Court of the Australian Capital Territory

The Magistrates Court handles most minor criminal cases and small civil matters in the Australian Capital Territory (ACT), the Jervis Bay Territory, and the Australian Antarctic Territory. The Chief Magistrate is Lorraine Walker, appointed in October 2011. Because Walker has spent time serving as an Acting Judge of the ACT Supreme Court, Magistrate Glenn Theakston has been acting as Chief Magistrate.

Location and building
The court sits in the ACT Law Courts precinct on Knowles Place near London Circuit in Civic, Canberra. It shares the Law Courts building with the Supreme Court. The current building was completed in 1996, and stage one of a linked project in 2019 connected the two courts in one precinct.

History
The court began in 1930 as the Court of Petty Sessions, the Territory’s first court. It started in Acton House and moved to Civic in 1946. In 1963 the Court of Petty Sessions moved into the Law Courts Building opened by Prime Minister Robert Menzies. The Court of Petty Sessions became the Magistrates Court on 1 February 1986. A new Magistrates Court building was completed in 1996. In 2019, work began on joining the Supreme Court and Magistrates Court in the same precinct.

Jurisdiction and powers
The Magistrates Court has a summary jurisdiction, handling most criminal offences and most civil cases up to certain values. It can hear criminal offences with a maximum penalty of two years’ imprisonment (or up to one year for Commonwealth offences). Some offences can be heard in either the Magistrates Court or the Supreme Court.

Civil cases: The court handles civil disputes valued between $25,000 and $250,000. It cannot hear land title disputes; those are handled by other tribunals.

Divisions and roles
The Children’s Court is a division that hears matters involving children or young people, in criminal or care and protection matters. The Coroner’s Court investigates violent or unusual deaths but cannot punish offenders. The Industrial Court deals with work-related criminal and civil matters. All magistrates are coroners by virtue of their appointment, and special magistrates may also be coroners. The court also includes magistrates who are justices of the peace.

Judges and appointment
The court is made up of magistrates and special magistrates. They are appointed by the executive with advice from the Attorney-General and must retire at age 70. The Chief Magistrate directs the court’s work and, in consultation with magistrates, decides which cases a magistrate will hear.

Appeals and procedure
If a decision from the Magistrates Court is challenged, it goes to the Supreme Court of the ACT (the Magistrates Court itself does not hear appeals). Criminal cases usually start when the police present an information to a magistrate. The magistrate can issue a summons or an arrest warrant. A person may be remanded in custody or released on bail. If found guilty, the magistrate may sentence the person or refer the case to the Supreme Court for trial.

Territorial reach
The ACT Magistrates Court has jurisdiction over the ACT and the Jervis Bay Territory. Under the Jervis Bay Acceptance Act 1915, ACT laws apply there, and magistrates regularly travel to Jervis Bay Village to hear cases.