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
JUDICIAL EDUCATION AND COMMUNITY INVOLVEMENT Judicial education and professional development The court adopts a policy of supporting 5 days annual judicial education, consistent with National Judicial College of Australia’s National Standard for Professional Development of Australian Judicial Officers. The magistrates are actively involved in continuing judicial education. In August and December 2014, seminars were held at the Australian National University. The seminars — which were open to all magistrates and Supreme Court judges — comprised a number of presentations as well as interactive question time. All magistrates attended some, if not all, of the sessions offered. External presenters were invited to speak about a number of topics relevant to the court. These included presentations relating to the thinking behind making laws, domestic violence responses, understanding mental health issues, drug use and abuse education, forensic issues, restorative justice, costs orders and the International Courts Framework of Excellence. The magistrates have also attended a number of external continuing education conferences and seminars including: Asia Pacific Coroners Society Conference (Chief Magistrate) National Judicial College of Australia – Judicial Leadership Program (Chief Magistrate) The South Pacific Council of Children and Youth Courts Conference in Samoa (Magistrate Fryar) Writing better Judgements Program convened by the National Judicial College of Australia (Magistrate Cook) The Magistrates Orientation Program convened by the Judicial Commission of NSW (Magistrate Cook) Legal education, public and professional engagement The magistrates actively engage in community and professional organisations and events. In the reporting year the Chief Magistrate was a member of, presented at and attended a number of fora including: Law Reform Advisory Council member Board member of Australian Association of Women Judges A judicial member of the ACT Bar Association Donate for Life engagements University of the Third Age Justice of the Peace engagements Key speaker for the Conflict Resolution Services Annual General Meeting Australian Lawyers Alliance Professional Development Seminar Women Lawyers Association Annual Law Week dinner ABC Program – Coronial Support ‘Suicide Awareness’ Minter Ellison – ‘Mothers in Law Event’ Forensic Mental Health Services interactive sessions Presentations to various groups within the Australian Federal Police Presentations to high school and university groups 50 51