Magistrates Court

Anyone charged with an offence will normally first appear in the Magistrates Court, which deals with 95 per cent of cases. If the defendant is under the age of 17 they will appear in the Children's Court - a special Magistrates Court that is closed to the public.

The Magistrates Court has no jury and is run by a magistrate who makes all of the decisions. The magistrate has the power to decide on, and issue, penalties for simple offences such as drink driving and some minor indictable offences. They can also decide sentences and can imprison offenders for up to three years.

For other indictable offences like rape, armed robbery and murder, the role of the Magistrates Court is to determine if there is enough evidence against the defendant to refer the case for trial in the Supreme Court or the District Court.