Magistrates Court of South Australia

[1] It has both original and appellate jurisdiction and hears matters specified in the Magistrates Court Act 1991 (SA).

[4] The court has the power to impose a fine, imprisonment of up to five years for one offence,[5] an intensive correction order[6] (which may include community service[7]) or a good behaviour bond.

[8] 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.

[15] In the Magistrates Court only a small proportion of cases actually go to trial as according to Professors Anleu and Mack, it is common for defendants to plead guilty.

For example, destroying or damaging property with a value greater than A$30,000, or indecent assault against a child under the age of 14, as set out in the Criminal Procedure Act 1921 (SA).

[26] However, there is an exception, namely that the Magistrates Court cannot sentence cases involving murder or treason.

[27] The court also has jurisdiction to conduct a committal proceeding (a preliminary examination to see if there is sufficient evidence to commence a case)[28] for any major indictable offences.

[30] A fine imposed cannot exceed $150,000 or $300,000 for accused persons found guilty under the Work Health and Safety Act 2012 (SA).

[31][32] The Magistrate may also remit the case to a superior court if they believe that an offence warrants a higher sentence.

[41] Parties may however waive this monetary limit and if this occurs, the court can hear matters involving any sum of money.

[42] The monetary limits for each civil division in the Magistrates Court are as follows: The Minor Claims division typically hears neighbourhood disputes and small statutory proceedings including applications under the Fences Act 1975 (SA) or actions in trespass.

The General Claims division typically hears contractual, personal injury and debt disputes.

[44] The Consumer and Business Division, hears matters that involve Australian Consumer Law, including rights to a refund, repair or replacement for faulty items, a right to cancel a service when it does not meet the advertised description or services not performed with due skill and care.

[44] A sentence or conviction for a minor indictable or summary offence can be appealed this will be heard by a single judge in the Supreme Court.

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.

[53] When grand juries were abolished in 1852, the Court of Petty Sessions adopted this additional role.

[60] The architect who designed the building was Richard Lambeth, who succeeded Edward Charles Frome, who was the colonial engineer of Australia.

[64] It hears domestic violence cases with a focus on “feminist perspectives of power relations and gender”[68] and offers protection and support for women and children.

[69] This program aims to address the defendant's violent and abusive behaviours and is supervised by a Community Correctional Services Officer.

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.

[72] The aim of the program is to prevent defendants from re-offending and provide alternatives to sentencing with methods proven to aid recovery.

The six month programs are intended for defendants who committed minor indictable and/or summary offences, where their mental health impairment or illicit substance dependence was related to their offending.

[73] The Magistrates Court Legal Advice Service (MCLAS)[75] 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 A$12,000.

[76] It is operated by final year law students studying at the University of Adelaide and supervised by qualified legal practitioners.

[81] 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.

[89] 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 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.

Firstly, persons entering the Magistrates Court should dress conservatively and in business attire.

Adelaide Magistrates' Court entrance
Supreme Court of South Australia.
Court of Sessions Act 1837
The now Adelaide Magistrates Court building in 1873 when it operated as the Supreme Court of South Australia.
The University of Adelaide Law School (on right), who operates the Legal Advice Clinic.
Criminal Court Layout of the Magistrates Court of South Australia.
Coat of arms of South Australia.
Adelaide Magistrates Court Entrance