Untitled Document
WHAT ARE LAWS & HOW ARE THEY MADE?
BREAKING THE LAW
COURTS, TRIALS & RIGHTS UNDER ARREST
Courts
Are you a good witness?
The Police
You're under arrest
Preventing crime
Bullying at school
LAWS FOR ORDER & SAFETY
LAWS FOR CHILDREN, PARENTS & FAMILIES

 


Courts

What is a court?

In Australia, we use courts to decide if someone has broken the law through a crime or a civil wrong. The courts also have to decide how to punish a criminal or undo the harm caused by a civil wrong.

What happens in a court?

In a court case, each person has an important role to play. The most important person is the judge or magistrate, who is a bit like a referee, because it is the judge or magistrate who must make a decision. Everyone must obey that decision.

Even though judges and magistrates are important, they can’t make decisions without help from other people. Defendants, plaintiffs and witnesses tell the court what they saw, what they did or what they think really happened. This information is called evidence.

Lawyers stand up in court and test the evidence to see if it is true by asking lots of questions. In some cases a judge asks a group of 12 ordinary adults, like your parents or teachers, to decide who is telling the truth. This group is called a jury.

If the judge or the jury decides that somebody is guilty, the judge must decide on a punishment.

If someone does not agree with the court’s decision, they can appeal to a higher court, which will check if the judge or magistrate made the right decision.

A court for children

If a child aged 10-18 is charged with committing a serious crime, or a child's parents are no longer able to look after them, then a magistrate in the Children's Court must decide what to do.

Keywords

  • Judge
  • Magistrate
  • Evidence
  • Defendant
  • Plaintiff
  • Witness

What have we learnt?

  • Courts hear disputes, find solutions and decide if someone has committed a crime.
  • Lawyers present arguments and test the evidence in court.
  • After they have listened to all the evidence, the judge, or jury, makes decisions about whether the accused person is guilty or not.
  • You can appeal to a higher court.

Let’s find out

  • Are there any courts in your neighbourhood?
  • Have any or your teachers or friends’ parents been on a jury?
  • Ask them to tell you what happened.

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