INTRODUCTION
To achieve justice, the Australian legal system operates through a multilayered court system whereby courts of different levels exhibit distinct attributes. The Local and Supreme courts are at opposite ends of the hierarchy; therefore, they accordingly display various procedural disparities as well as behavioural differences of legal personnel. In observing these contrasting bodies, I came to understand how these disparities can affect the way justice is attained and perceived.
COURT PROCEDURES
The functionality of courts can be seen through an analysis of the various procedures in a court room. These procedural aspects may differ between courts and therefore either inhibit or uphold the service of justice.
In my visit to the Local court, the sheer volume of matters was made apparent as the court rooms were filled to capacity with people continuously entering and exiting the room.1 Since the majority of cases are heard at a local court, its very nature is required to be brief and efficient.2 For minor cases such as mentions, or when the defendant in a hearing pleaded guilty, the magistrate took only a few minutes before moving on to the next matter. However, according to Graeme Henson J, Chief Magistrate of …show more content…
Moreover, with the presence of juries, barristers were obliged to explain various legal issues and concepts such as the ‘burden of proof’ on top of the time taken for juries to reach a verdict – therefore individual matters take up to several hours, compromising the Supreme Court’s efficiency.5 Nevertheless, the timely and intricate procedures of the Supreme court ensure that justice is upheld for
To achieve justice, the Australian legal system operates through a multilayered court system whereby courts of different levels exhibit distinct attributes. The Local and Supreme courts are at opposite ends of the hierarchy; therefore, they accordingly display various procedural disparities as well as behavioural differences of legal personnel. In observing these contrasting bodies, I came to understand how these disparities can affect the way justice is attained and perceived.
COURT PROCEDURES
The functionality of courts can be seen through an analysis of the various procedures in a court room. These procedural aspects may differ between courts and therefore either inhibit or uphold the service of justice.
In my visit to the Local court, the sheer volume of matters was made apparent as the court rooms were filled to capacity with people continuously entering and exiting the room.1 Since the majority of cases are heard at a local court, its very nature is required to be brief and efficient.2 For minor cases such as mentions, or when the defendant in a hearing pleaded guilty, the magistrate took only a few minutes before moving on to the next matter. However, according to Graeme Henson J, Chief Magistrate of …show more content…
Moreover, with the presence of juries, barristers were obliged to explain various legal issues and concepts such as the ‘burden of proof’ on top of the time taken for juries to reach a verdict – therefore individual matters take up to several hours, compromising the Supreme Court’s efficiency.5 Nevertheless, the timely and intricate procedures of the Supreme court ensure that justice is upheld for