Schedule 1 of the Criminal Procedure Code (2021 Revision) designates whether an offence is category A, B, or C.
Where there is more than one defendant and one does not consent to summary jurisdiction, all will be committed to the Grand Court. An offence may not be specifically categorized in Schedule 1 of the Criminal Procedure Code. In these circumstances, it is classified as:
At the first hearing a defendant will be provided with the case papers (evidence) relied upon by the prosecution. If a defendant needs more time to decide whether to plead guilty or not guilty, to consider whether s/he consents to summary jurisdiction, or to obtain legal representation, the matter will ordinarily be adjourned.
In the Summary Court, if a defendant pleads guilty, the matter will be set for a sentencing hearing at a later date (unless the court is prepared and able to finalise the matter immediately). If a defendant pleads not guilty to one or more of the charges, a trial date will be fixed and the matter will be set for a case management hearing to narrow the issues and confirm which prosecution witnesses are required to give evidence.
At the Summary Court trial, the prosecution will present its case by calling witnesses to give evidence (they will also be cross-examined by the defendant’s lawyer). A defendant may also give evidence if he or she chooses to. The magistrate will then decide whether the defendant is guilty or not guilty.
Sentencing (sentencing hearing) follows a conviction, regardless of whether a defendant entered a plea of guilty or was found guilty at trial. Usually, pre-sentence reports are ordered by the court (Social Inquiry Reports for a defendant and Victim Impact Reports or Victim Impact Statements for a victim) and are considered before the sentence is imposed.
Enforcing traffic laws is critically important for road safety and saving lives. The Traffic Court deals with unpaid tickets and all other traffic-related charges. The most common penalty is a fine and license suspension for a certain period. For some offences, the court must disqualify a person’s license for a minimum period. A person can also go to prison for particular driving offences such as driving whilst being suspended.
The Specialist Domestic Violence Court seeks to promote a strong collaborative relationship between the court, the domestic violence services (the Counselling Centre and the Department of Community Rehabilitation), and prosecutors to improve the co-ordination of services, produce just outcomes, and reduce re-offending.
The Mental Health Court aims to help people address underlying factors that contribute to their offending behaviours. Defendants with mental health challenges are encouraged to engage with treatment programs and support resources within the community. A proper assessment of a participant’s needs, and the development of a treatment plan accordingly are features of these programs. Mental health court participants often also have related problems such as homelessness and substance abuse problems.
The Drug Rehabilitation Court provides for the supervision and treatment of people with a drug and/or alcohol dependency, who have committed an offence under the influence of drugs or alcohol, or to support a drug or alcohol habit. The Office of the DPP is required to assist the court by identifying appropriate cases where an offender is eligible to apply to DRC; through monitoring participants’ compliance with the DRC program; attending pre-court meetings; and otherwise acting in accordance with Drug Rehabilitation Court Act (2015 Revision), which is supplemented by the relevant Rules and Regulations.
The Youth Court is a specialist court for children and young people. Where the defendant is under the age of 17 at the time of committing one or more offences, the Youth Court can hear and determine all such offences except indictable-only offences. A strong emphasis is placed on diversion and rehabilitation, recognizing that young people make mistakes and may not always understand the seriousness of their actions in the way that adults are expected to. However, where a young person is jointly charged with an adult, the charges must be heard in the Summary Court or Grand Court.