Magistrates Court of South Australia

Lowest level court in South Australia

The Magistrates Court of South Australia is the lowest level court in the state of South Australia. The Magistrates Court, then known as the Court of Petty Sessions, was established in 1837, by the Court of Sessions Act 1837. It has both original and appellate jurisdiction and hears matters specified in the Magistrates Court Act 1991 (SA). The Magistrates Court has both a criminal and civil jurisdiction. In its criminal jurisdiction, the Magistrates Court deals with summary offences and minor indictable offences. The court has the power to impose a fine, imprisonment of up to five years for one offence, an intensive correction order (which may include community service) or a good behaviour bond. In its civil jurisdiction, it hears matters involving up to $100,000 for general claims, unless this requirement is waived by the parties to the proceeding. The Chief Magistrate is the leading judicial officer of the Court. Her Honour Judge Mary Louise Hribal was appointed to the position on 1 October 2015, and as of February 2023 still holds the position. There are also nine magistrates based in the regional courts of South Australia. and contains the following divisions:

Criminal Division
Court of Petty Sessions
Civil (General Claims) Division
Civil (Minor Claims) Division
Civil (Consumer and Business) Division. The Magistrates Court hears approximately 80% of all civil disputes and every criminal matter commences in this court.

This division of the Magistrates Court hears less serious offences known as summary offences. These offences are defined under section 5 of the Criminal Procedure Act 1921 (SA). Summary offences include those that cannot be punished by imprisonment or offences that carry a maximum imprisonment term of two years or less. Summary offences may also include offences that involve both imprisonment or a fine of $2,500 or less. There are however exceptions to the rule, for example, "an offence of violence" will not be deemed a summary offence even if it fits the other criteria of a summary offence. The Magistrates Court also hears minor indictable offences, unless the defendant elects to have their case heard in a superior court. The Magistrates Court cannot hear any major indictable offences. If, however, the defendant pleads guilty to a charge for a major indictable offence and the court obtains the consent of the prosecution and defence, the defendant can be sentenced in the Magistrates Court. Major indictable offences are more serious criminal offences. For example, destroying or damaging property with a value greater than , or indecent assault against a child under the age of 14, as set out in the Criminal Procedure Act 1921 (SA). This means the Magistrates Court does not have jurisdiction to determine the defendant's innocence or guilt for a major indictable offence, it can only impose penalties on a defendant who has pleaded guilty. However, there is an exception, namely that the Magistrates Court cannot sentence cases involving murder or treason. It also cannot sentence offences for conspiracy to commit murder or treason or assault with intent to commit murder or treason. The court also has jurisdiction to conduct a committal proceeding (a preliminary examination to see if there is sufficient evidence to commence a case) for any major indictable offences. In the Magistrates Court, a magistrate is unable to sentence an accused to more than five years' imprisonment for a single offence or ten years' imprisonment for greater than one offence. A fine imposed cannot exceed $150,000 or $300,000 for accused persons found guilty under the Work Health and Safety Act 2012 (SA). The Magistrate may also remit the case to a superior court if they believe that an offence warrants a higher sentence.

This division hears expiable offences such as traffic offences. Such offences are those which police officers and transport authorities can charge people with through an expiation notice and fines given by such authorities range from A$50 to hundreds of dollars. Expiation notices allege that someone has committed an offence and they can either pay the fine or go to court and contest it. These offences are outlined in the regulations of the Magistrates Court Act 1991 (SA). This division also hears offences which do not include imprisonment and where the maximum penalty is less than $2,500 and may include license disqualification.

On 2 January 1837 the Court of Petty Sessions, also known as the Police Court, was created by the Court of Sessions Act 1837. In this court, magistrates would hear summary offences without a jury, for example traffic offences and public intoxication. According to Griffith University, the first Court of Petty Sessions was held at Holdfast Bay on 7 January 1837, with a case involving a dispute between a master and servant. When grand juries were abolished in 1852, the Court of Petty Sessions adopted this additional role. The role of grand juries was to determine whether there was enough evidence for a "major indictable offence" (a more serious criminal offence) to go to trial in the Supreme Court of South Australia. The Magistrates Court still has this role today and it is now known as a Committal Proceeding. In 1895 South Australia also became the first Australian state to create a children's court, under the State Children’s Act 1895 (SA). Today, it is known as the Youth Court, under the provisions of the Youth Court Act 1993 (SA). Until 1969, matters were heard either in the Supreme Court or the Court of Petty Sessions. Thus, the Court of Petty Sessions would also hear intermediate matters, until 1969, when the District Court of South Australia was established by the Local Courts Act Amendment Act 1969 (SA). In 1991, the Court of Petty Sessions became known as the Magistrates Court, under the Magistrates Court Act 1991 (SA). In early February 2023, four new magistrates were appointed, including the first two Aboriginal Australian magistrates in the history of the courts – Lana Chester and Natalie Brown.

Previously, courts were held in public or government buildings. The Adelaide Magistrates Court building is currently located in the old Supreme Court building, on the South East corner of King William Street and Angas Street in Adelaide. Construction of the building began on 10 November 1847 and finished in February 1851. The architect who designed the building was Richard Lambeth, who succeeded Edward Charles Frome, who was the colonial engineer of Australia. Although the external sandstone structure of the building has remained largely the same, the internal area has been largely altered. The only features that remain are the skylight, public gallery and the canopy. In the Nunga Courts, a Magistrate is advised or helped by an Indigenous Elder or Indigenous Court officer. In this court, the prosecution firstly outlines the case against the defendant, who then has a chance to speak and then members of the Indigenous community may also speak. The elders have no authority delegated by the court but may advise on sentencing options, to ensure they are culturally appropriate.

The Magistrates Court Diversion Program helps to reduce recidivism by providing help to defendants who have a mental health impairment. This program is aimed for defendants who cannot succeed in a defence of mental unfitness under s 269 of the Criminal Law Consolidation Act 1935 (SA) but nevertheless have mental health issues that contributed to their offending.

The Family Violence Court is another specialist court sitting weekly in Adelaide, Elizabeth Magistrates Court and Port Adelaide. and offers protection and support for women and children. The Family Violence Court also has the power to issue intervention orders (formerly known as restraining orders), which may contain conditions such as forbidding the defendant from visiting the victim's home or from contacting the victim. Defendants may also be referred to the Abuse Prevention Intervention Program and participation in this program may be a part of their intervention order or as a condition of their bail. A progress report and final report may be given to the Magistrate at the end of the program, detailing the defendant's participation, behavioural and attitudinal changes and attendance. This report can be considered when the defendant is sentenced. This court hears summary and minor indictable offences that are associated with an illicit drug dependence. It also contains four support programs which may include rehabilitation, restrictive bail conditions (such as home detention), reviews (which means the defendant must frequently appear in court), random urine testing, group therapy or counselling. The aim of the program is to prevent defendants from re offending and provide alternatives to sentencing with methods proven to aid recovery. Once this referral is made, a meeting is held with a Magistrate who may accept the person into the program if they deem the person suitable, whilst considering the safety of the community (since the person will be released into the community on bail during the program). The Treatment Intervention Court contains four different programs or "streams", which include: is a service that provides free legal advice to individuals involved in disputes that fit into the minor civil claims category, namely, involving less than It is operated by final year law students studying at the University of Adelaide and supervised by qualified legal practitioners. Common matters include “fencing disputes, building disputes, claims in negligence, contractual disputes, and other types of matters.”

This program was founded in 1997 by Adelaide Law School and originally began as an elective subject for final year students named the 'Clinic Legal Education Program'''. Initially only two law students were accepted into the program and Margaret Castles, a professor at the university, oversaw the program. In 2001, a stand alone legal advice clinic was established at the Adelaide Magistrates Court, with the support of a Strategic Initiative Grant'' from the University of Adelaide. Before the Attorney General makes a recommendation, they must first consult with the Chief Justice of South Australia and the Chief Magistrate. Magistrates can be appointed on a full time or part time basis and they must have at least five years' experience working as a legal practitioner. To be appointed as Chief Magistrate, the applicant must have at least seven years' experience as a legal practitioner. Magistrates must retire at the age of 70 years old but they may also retire when they reach the age of 55 years old.

The Magistrates Court is currently composed of 34 magistrates. The Chief Magistrate is Her Honour Mary Louise Hribal, who was appointed in 2015. In the Magistrates Court, the magistrate sits at the front of the court, on the bench, which is elevated so that the Magistrate sits at a higher level than the rest of the court. In front of the Magistrate is the Bar Table where the magistrate's clerk (assistant, who records the proceedings), the defence lawyer and the Police Prosecutor sit and stand. In the civil divisions of the Magistrates Court, the Bar Table will have a representative from both parties sitting at it instead of a prosecution and defence. The representatives will be a lawyer or the individuals themselves if the case belongs to the Minor Claims Division (involving less than $12,000). The public gallery is located behind the Bar Table and this is where members of the public are able to sit and observe the court. The defendant (the person on trial) sits in a box to the right of the Magistrate and any witnesses will sit in the Witness Box on the left (from the Magistrate's perspective). The Sheriff's Officer sits next to the defendant and their role is to maintain order in the court, to help bring prisoners into and out of the court and to assist individuals coming into the courtroom. The Sheriff's Officer also advises the Magistrates Clerk as to which solicitors, defendants and other parties are present in court and whether they are ready to commence with their case. They also ensure that no defendant leaves the court without signing any bails, bonds or orders of the court if required and that all criminal and civil processes are followed. The Sheriff's officer also has the powers of police to arrest an individual who misbehaves in the courthouse and associated property. When entering the courtroom, individuals should bow in the direction of the coat of arms (located behind the judge) if the court is in session and enter and leave the courtroom facing the Judge. Turning one’s back to the judge is discouraged. Individuals should remain standing until the Judge has sat down. When the Court adjourns, everyone must again rise and remain silent until the Judge has left. The Magistrate must be referred to as “Your Honour”.