The Australian Legal System

Executive Summary
This report is giving information on how those accused of criminal offences are dealt with. The
man, Jack, is used as an example of how Australia’s legal system deals with those who have
committed crimes and how a court case would usually proceed. Depending on how severe
the crime is, one of the three courts in Western Australia will deal with his case. The different
roles of the participants in the legal system are described.

Table of Contents
Introduction…………………………………………………………………………………………3

The Judiciary……………………………………………………………………………………….3
The Magistrate Court…………………………………………………………………………………………….……..3
The District Court………………………………………………………………………………………………….…….3
The Supreme Court……………………………………………………………………………………………….…….3

The Principles of Australia’s Legal System……………………………………………………..3

The Rule of Law…………………………………………………………………………………………………….….3
The Right to a Fair Trial………………………………………………………………………………….……..…….4
The Right to Legal Representation…………………………………………………………………………...……..4
Presumption of Innocence and Burden of Proof………………………………………………………...…………4
Trial by Media………………………………………………………………………………………….…………...….4
..
Juries……………………………………………………………………………………………….4

Judges……………………………………………………………………………………………...5

Legal Practitioners………………………………………………………………………………...5
Barristers…………………………………………………………………………………………………………….…..5
Solicitors…………………………………………………………………………………………………………….…...5

Conclusion………………………………………………………………………………………….5
References…………………………………………………………………………………….…...6
Introduction
In this report, I will be writing about the case of Jack. Jack has committed a criminal offence
and he will face the consequences as enforced by the Australian Legal System. The
Australian legal system, also known as the justice system, consists of Australia’s courts. As
part of the judiciary, Australia’s courts act as a place where people can solve disputes and
laws can be enforced fairly. If a person commits a crime, they are called to appear in court to
face the consequences for their actions or plead their innocence. Punishments of varying
severity may be given to those who are found guilty. This system serves to give justice to
those who are accused, and those who are the prosecutor. Jack has committed a criminal
offence. He will need to face the consequences and reach out to someone who can assist
him in court.

The Judiciary
The Judiciary is made up of the courts. There are three main courts. They are the Magistrates
Court, the District Court and the Supreme Court. They all handle disputes of different levels of
importance.

The Magistrates Court

This court is known as the lowest court in the hierarchy. It is also the busiest court in the
state. It deals with matters of low importance, such as minor criminal matters and minor legal
disputes.

The District Court

This court is known as the intermediate court of the hierarchy. It hears cases about serious
criminal matters (such as theft, drug offences or assault.) This is the court that Jack may be
called up to, depending on the importance and severity of the crime that has been committed.
If Jack’s crime is theft or something with an intermediate severity, he will be sent to the district
court.

The Supreme Court

This is the most important court in Western Australia. It hears the most serious criminal cases
(such as murder and drug trafficking) and major civil disputes (usually worth over $750 000).
It also has the power to review decisions from the lower courts in a process known as an
appeal. Jack’s case may be held in this court if he has committed a severe crime such as
murder, arson or theft. If proven guilty, Jack will face a severe punishment.

Principles of the Australian Legal System

We do not make up the laws as we go. The legislature creates laws, which are approved by
the executive, and are enforced by the judiciary. Laws are created to protect our rights and
responsibilities, and to keep Australia going as a healthy democracy. It is our responsibility to
obey them, to ensure that we can co-exist in a peaceful manner.

The Rule of Law

The legal system creates and enforces the laws that determine a citizen’s rights and
responsibilities. This is known as the rule of law. Laws are the rules we must follow to coexist
peacefully. They are designed to protect our rights and responsibilities. The rule of law
consists of a few key ideals. They include: power is distributed amongst the three branches of
government, laws are made by the legislature and enforced by the judiciary, judges must
make decisions independently without being told what to do, laws are applied to everyone
equally without discrimination or special privileges, everyone should know about the law so
that everyone can obey the law, we cannot be punished for an act that does not break any
laws and we cannot be punished for an act that was committed before a law was created to
make it illegal. The rule of law is essential to keep Australia going as a strong democracy.

The Right to a Fair Trial

The right to a fair trial means that a person’s gender, race, characteristics or any other factors
unrelated to the crime should not affect the outcome of the trial. This also means that those
who are involved in the trial, such as judges, cannot be relatives or close friends of the
accused or the victim, or have any other connections that could affect their judgement.

The Right to Legal Representation

Most members of the public have limited knowledge of the law and need help from
professionals to understand legal processes. Therefore, every Australian who is accused of
having committed a crime is eligible to reach out to a legal professional, such as a lawyer, to
represent them in court. A person with hearing disabilities or who does not speak English,
also has the right to access translation devices or interpreters.

Presumption of Innocence and Burden of Proof

The idea that everyone is presumed innocent until proven guilty is an important part of every
legal system. This means that a person should not have to prove that they are innocent. The
‘burden of proof’ is a phrase used in the legal system to indicate who has the responsibility of
proving a fact in court. The prosecutor must prove that the defendant is guilty of a crime,
without a doubt. To uphold the presumption of innocence, it is important that the jury or others
involved in the court case are not influenced by what they read or saw in the media.

Trial by Media
To uphold the presumption of innocence, it is important that the accused has not already
been judged by the public, by what they have read in the newspaper and in the media. Trial
by media is a threat to fair trials, ever since the newspaper was born, as the fate of the
defendant is already being chosen by the public, even before the trial.

Juries
Juries are people who serve jury duty in court. In Australia, a jury is usually made up of 12
Australian citizens who are called up to the court to serve as a jury. Those who are selected
to be part of the jury are selected from the electoral roll, which means that you have to be 18
and above to be part of a jury. Juries do not need to have a thorough understanding of the
law. They just need to listen to the facts of a case and decided whether or not they believe the
accused is guilty.

The role of the jury in criminal and civil court cases might vary. For example, in criminal cases
such as theft or murder, the jury might be required to decide if the defendant is guilty or not. In
civil cases such as disputes over property, they have to decide if the defendant is wrong or
not and if they owe the prosecutor compensation or money.
It states in the constitution ‘Trial for indicting the law of the Commonwealth shall be by jury,
and every such trial will be held in the State the crime was committed in, and if the offence
was not committed in any state it will be held at a place or places that the parliament
prescribes.’ Juries are very important in court and must not be ignored in place of figures with
more authority.

Judges
Judges are very important participants in the legal system. They are officials who preside over
trials and make rulings based on the law and evidence. They act independently to the
executive and legislature to apply laws to different cases. The role of a judge can vary
depending on the situation they are in. Some of the roles they need to perform are ensuring
proper procedures are followed during a court case, maintaining order in the courtroom during
a hearing or trial, deciding if a person is guilty or at fault based on the facts of the case and
deciding what is an appropriate sentence for a person who is found guilty or who is at fault. It
is ultimately the judge who will announce if the defendant is guilty or not. They hold the most
authority in the courtroom.

Legal Practitioners
Any person has the right to a legal practitioner to act on their behalf in court. The law is
complex and difficult to understand, and most citizens do not have a thorough understanding
of it. A legal practitioner is a person who specialises in law and courtroom arguments. They
also have a certificate granted by the legal profession to act on behalf of a citizen who needs
their services.

Barristers
A barrister is a legal practitioner who specialises in court trials, hearings and procedures.
They spend most of their time in court. Barristers are able to specialise in conducting
arguments and knowing specific areas of the law. For example, some barrister can become
experts in criminal law, family law or contract law.

Solicitors
A solicitor is a registered legal practitioner who practises and represents their client. They
usually spend most of their time outside of court. Their responsibilities include communicating
with their clients and other people related to the case, listening and taking instructions from
clients, writing letters, filling in court documents and on occasion, negotiating settlements out
of court. Jack will probably need to reach out to a solicitor to represent him on his behalf.

Conclusion
The Australian legal system is very complex. It consists of several courts to deal with issues
of differing importance. Within those courts, there are participants who manage a court case,
such as judges, juries, witnesses and legal practitioners. It is a beautifully crafted system that
keeps Australia going as a healthy democracy.
 References
Conti, L., Woodard. K., Stenner, P., Rees, A., McCarthy, S., Breadsell, A. (2016). Oxford Big Ideas Humanities
and Social Sciences 7. Oxford University Press.

The Australian Constitution. (m.d). Chapter III: The Judicature

https://ausconstitution.peo.gov.au/chapter-iii_the-judicature.htm HYPERLINK
"https://ausconstitution.peo.gov.au/chapter-iii_the-judicature.html"l

Britannica. (2023). judge.

https://www.britannica.com/topic/judge-law