The Australian Legal System

For Mr Muhammad Agherdien

By Sameela Ahmed Kabir

Year 7 Green

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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

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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

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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.

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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.

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 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.html

Britannica. (2023). judge.

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