Users' questions 

Does the local court hear criminal cases?

Leia Doyle

Does the local court hear criminal cases?

There is no jury in any civil or criminal proceedings in the Local Court. The Local Court also deals with applications for apprehended violence orders. One of the most important functions of the Local Court is to conduct committal hearings for indictable offences (more serious offences).

What is a mention in criminal court?

A mention simply means that your case is mentioned in Court, and that your charges are not yet formally listed for a plea of guilty or a plea of not guilty. The first date that your matter is listed at Court is called the first mention.

What is the difference between a mention and a hearing?

For Mention Only. Where the case appears in court for a brief time, usually to deal with a procedural matter such as setting dates and deciding bail. A mention is not the ‘hearing’ of the matter. A witness is not usually required to attend court when the matter is for mention only.

What happens if you miss court NSW?

What happens if I don’t show up? If you don’t show up to court on the day of your scheduled appearance you could find yourself facing further charges. In some cases, such as AVO hearings, the matter could be decided in your absence, and you will miss out on the opportunity to present your defence.

What kind of cases does Local Court hear?

Trial Courts All criminal cases (felonies, misdemeanors, and infractions, like traffic tickets); Small claims cases and appeals of small claims cases; Appeals of civil cases involving $25,000 or less; and. Appeals of infraction (like traffic) and misdemeanor cases.

What types of cases does the Local Court hear?

Types of cases

  • Civil cases. The Court deals with money and property matters up to $100,000.
  • Criminal cases. Most criminal matters in NSW start in the Local Court.
  • Bail. Bail arrangements and conditions and what are the penalties for breaching bail.

    What does R vs mean in court?

    The case takes its name from the parties of the case. v stands for ‘versus’ meaning ‘against’ 1991 is the year of the decision.

    What are the two kinds of legal cases?

    Two kinds of legal cases are civil and criminal cases.

    What are the three categories of cases the state court system can take?

    The State Court System

    • Cases that deal with the constitutionality of a law;
    • Cases involving the laws and treaties of the U.S.;
    • Cases involving ambassadors and public ministers;
    • Disputes between two or more states;
    • Admiralty law;
    • Bankruptcy; and.
    • Habeas corpus issues.

      How is a person tried in a Local Court?

      Local Court criminal hearings follow the same path as trials in the District or Supreme Court, but there is no jury. The main steps are: The ODPP (the prosecution) makes an opening statement about the case (called a ‘submission’). The accused’s lawyer (the defence) may also make an opening submission.

      What’s the difference between local and district court?

      There are some differences between Local Court and District Court. The main difference is that Local Court is heard by a magistrate with lawyers appearing for accused people, with no jury. District Court is when Judges, Barristers and juries play their role. Local courts are where all criminal matters are first heard.

      What is WLR in law?

      The Weekly Law Reports (WLR) are also published by the ICLR. As their name suggests, judgments are published much more quickly in these reports than in the Official Law Reports. These may be cited in the courts if the judgment is not reported in the Offficial Law Reports, the All ER or the WLR.

      What happens if complainant does not appear in court?

      Also, in case the Complainant does not appear in court despite repeated summons, the matter can be dismissed by the Court in default due to the Complainant’s non-appearance. Thereafter you can can file a complaint in the court for the offence of defamation. Lodging of a false FIR/complaint is punishable under IPC.

      A mention simply means that your case is mentioned in Court, and that your charges are not yet formally listed for a plea of guilty or a plea of not guilty.

      What is a mention hearing?

      A court mention or directions hearing refers to the very beginning of the court process. It will likely be the first time that you attend court in the process of the particular case. The purpose is to allow the court to give directions regarding further steps to be taken in the case.

      What is the difference between Local Court and district court?

      Can you get sentenced at a mention?

      At the mention you can plead guilty, not guilty or ask for an adjournment to seek legal advice. If you plead guilty and the charge is relatively minor, the magistrate will normally move to sentencing and impose a penalty that very day.

      What does hearing mean in court?

      More specifically, a hearing is the formal examination of a cause, civil or criminal, before a judge according to the laws of a particular jurisdiction. In common usage a hearing also refers to any formal proceeding before a court.

      Where does a committal mention hearing take place?

      A committal mention is a hearing in the Magistrates’ Court. Almost all criminal charges start in the Magistrates’ Court even those that can only be resolved in the County or Supreme Courts.

      Do you have to attend a mention hearing?

      The Courts are pushing that matters resolve faster and so it is important that you have a strategy in place before the mention. If you are on Summons, you generally have to attend further mentions. There are some further mentions that we can appear on your behalf at Court without you being present.

      What happens if you miss a court date in NSW?

      You must have a good reason why you couldn’t attend court. You can file an Annulment Application at any NSW local court, but your matter will be listed at the same court where the original decision to find you guilty was made. If the magistrate accepts your explanation, the decision will be annulled and your case re-heard.

      Can a criminal case be heard at a summary hearing?

      There are different types of hearings in the summary stream of the Magistrates’ Court. This is the first hearing for criminal matters. If you intend to plead guilty, the matter can generally be heard and determined at a mention hearing.