Report: Magistrate Court Attendance, Observation, and Analysis

Verified

Added on  2022/10/01

|7
|1425
|51
Report
AI Summary
This report presents a detailed account of a student's attendance at a magistrate court in Australia. The student observed the court's structure, security measures, and the proceedings of a criminal case involving physical assault. The report highlights the roles of different parties, including the magistrate, advocates, plaintiff, and respondent, and describes the arguments presented by both sides. The student gained insights into the court's procedures, the importance of legal documentation, and the conduct expected within the courtroom. The report also mentions the limitations observed, such as the lack of immediate interpreter services and restrictions on photography. Furthermore, the report references relevant legal concepts, such as the Crimes Act 1900, and concludes by emphasizing the importance of legal knowledge, communication skills, and the overall functioning of the magistrate court system. The report also includes references to academic sources and online resources used for the research.
tabler-icon-diamond-filled.svg

Contribute Materials

Your contribution can guide someone’s learning journey. Share your documents today.
Document Page
The magistrate court attendance and
report
tabler-icon-diamond-filled.svg

Secure Best Marks with AI Grader

Need help grading? Try our AI Grader for instant feedback on your assignments.
Document Page
In Australia, magistrate court is considered as the first-level court that handles around 95% court
cases. Generally, criminal cases are primary heard in this court. The main objective of magistrate
court of Australia is to provide justice to the people (Davidson, Heffernan, Greenberg, Butler, &
Burgess, 2016). In other words, it can be said that the court is held for addressing the disputes
and assisting balance in society. For convention of some illegal activity or addressing disputes,
there are several legal systems in execution of law (Sheehan, 2018). With this aspect, The
Magistrate Court of Western Australia assess the problems with adults who attained age of 18
years or more, needed to appear in court after being suffered from criminal violation.
The activity of the courtroom can be evidenced by public porticos. The main objective of this
execution is to creating the authorized process transparent and legal to the general public
(Roberts, Chamberlain, & Delfabbro, 2015). This is a palpable benefit of the legal system and
assists in creation of trust among people and lawful system of country, in which they live
(Davidson, Heffernan, Greenberg, Waterworth, & Burgess, 2017).
It was the first time in my entire life to attend and observe the proceeding of the magistrate court.
After this, I got a list of cases being heard on that specific day. After entrance in courtroom, I sat
on the public sits, in fronting the bench of judge at the other corner of room. At the right side,
there was the plaintiff with his advocate, and on the left side there was respondent with his
advocate. For the inspection by both parties, plaintiff went to the witness stand.
I was really astonished to see the environment. I observed that it was organized in excellent
manner and had a very rigid security system. On arrival of court, I observed that several
individuals were already present in the court because some of them were charged with a crime,
or appearing as evidence, or party of a proceeding to court, or a victim, or as an adjudicator. I
Document Page
observed that on the arrival of the courtroom, there is security guard who checks all the
belongings of individuals and I had informed him on his query that I was attending the case
being the interested member of society. For smooth activities of court, it is required that all
people who are coming to court should be on exact time or at least before 10 minutes of initiation
of court proceedings. In addition to this, I identified that when a magistrate or judge come into
courtroom or leave that room, then all person stand.
I observed that there are several types of offences which are dealt by magistrate court of
Australia such as summary offence, minor offence, and significant offences. During this day, I
was able to witness criminal cases in magistrate court. The case I have observed was about
physical assault. This case involved a claim from the one-party and an opposite claim from
another party. The issue in this case was is that applicant claims that respondent is liable for the
physical assault. I have observed that in the courtroom, magistrate examines claims by both
parties simultaneously assist in saving of time (Adolphe, van Golde, & Blaszczynski, 2019). All
the facts, presented by the advocates was supported by the Crimes Act 1900. Opening of the case
was by narrating the incident and stating the definition of assault under the Act. The applicant
said that because of taking revenge due to pity college incident, respondent assaulted her in a
remote area near their university. On the contrary to this, respondent said that this was a lie and
he just shouted and did not have any physical contact while their conversation. I think that
respondent was not very much familiar with court proceeding and therefore found
comprehensiveness for competing formalities of court. Both parties presented their arguments,
however due to lack of clarity of entire incident judge order for further evidence and medical test
of victim. I observed that advocates of both parties possess adequate knowledge and they present
their case in proper manner. Legal knowledge consists of productive examination, organization
Document Page
skill, and communication skill (Travers, 2017). It has been identified that all parties are fully
prepared for case.
Further, by attending court I had learnt that it is required to carry all essential documents to court
and put the mobile phone on silent mode, so that court proceedings do not get disturbed.
Moreover, I observed that the immediate facility of interpreter is not available, if any person
required interpreter, then they should contact some days before the initiation of court
proceedings. In courtroom, conversation, smoking, and eating are not allowed. I see that
individuals address judges or magistrate as Your Honour. Moreover, magistrate or lawyer are not
permitted to talk with individual apart from case is being heard and when there is existence of
another party. I also observed that some individuals were taking photographs and video of
courtroom; however security guard came and ordered that photography and videography is not
permitted in courtroom.
Further, I found that in magistrate court there is no jury panel; therefore magistrate takes all
decision in criminal issues, consisting of any penalty. In addition to this, I observed that for
administration of proceeding of the courtroom, court clerks play an important role. They confirm
that proceeding in the courtroom carries in sooth manner during the day.
By visiting magistrate court, I obtained several important information such as practice of
magistrate, advocates along with their communications with public. Notwithstanding the fact of
presence of conflicting parties, all authorized experts seemed intense and motivated to carrying
their activities together and confirm that the activities running out in the best possible manner.
Along with this, it also provides several insights with respect to the process of magistrate court.
tabler-icon-diamond-filled.svg

Secure Best Marks with AI Grader

Need help grading? Try our AI Grader for instant feedback on your assignments.
Document Page
However, it also exposed some of the negative aspects of authorized system of the country, as it
is based on significant volumes of documentation (Magistrate Court of Western Australia, 2018).
Document Page
REFERENCES
Books and Journals
Adolphe, A., van Golde, C., & Blaszczynski, A. (2019). Examining the potential for therapeutic
jurisprudence in cases of gambling-related criminal offending in Australia. Current Issues in
Criminal Justice, 31(2), 236-254.
Davidson, F., Heffernan, E., Greenberg, D., Butler, T., & Burgess, P. (2016). A critical review of
mental health court liaison services in Australia: a first national survey. Psychiatry,
psychology and law, 23(6), 908-921.
Davidson, F., Heffernan, E., Greenberg, D., Waterworth, R., & Burgess, P. (2017). Mental health
and criminal charges: Variation in diversion pathways in Australia. Psychiatry, Psychology
and Law, 24(6), 888-898.
Roberts, D., Chamberlain, P., & Delfabbro, P. (2015). Women's experiences of the processes
associated with the family court of Australia in the context of domestic violence: A thematic
analysis. Psychiatry, psychology and law, 22(4), 599-615.
Sheehan, R. (2018). Magistrates' decision-making in child protection cases. Routledge.
Travers, M. (2017). Business as Usual? Bail Decision Making and “Micro Politics” in an
Australian Magistrates Court. Law & Social Inquiry, 42(2), 325-346.
Online
Magistrate Court of Western Australia, 2018. Retrieved from
<https://www.magistratescourt.wa.gov.au/G/going_to_court.aspx>
Document Page
chevron_up_icon
1 out of 7
circle_padding
hide_on_mobile
zoom_out_icon
logo.png

Your All-in-One AI-Powered Toolkit for Academic Success.

Available 24*7 on WhatsApp / Email

[object Object]