since 18 March 1970 but had not received any entitlements to annual leave or long service leave upon termination of his employment in December 1993. The Magistrate from the Industrial Relations Court of South Australia found in favour of the appellant in the first instance but the Supreme Court of South Australia overturned the Industrial Magistrates ruling at the first appeal. It has been re-appealed to the Full Court of the High Court of Australia. 4. PROCEDURAL HISTORY. South Australia Industrial
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Research on the Problem In order to understand how the data is collected for an individual when he/she goes through the system‚ it is imperative to understand how the system works and what are the sequence of events in the Criminal Justice System(CJS). Below is the diagrammatic representation of the sequence of events that follow in the CJS. As the scope of our project has been restricted to the Arrest and Pretrial process the focus of our research was these two phases and the decision points
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and lanky brown hair. “She tripped and fell.” “That’s not exactly how the complainant remembers it‚” counters the magistrate. “How do you explain the multiple bruises and lacerations on her upper arms and neck?” Stephen Finlay turns yellow. It’s his way of blushing‚ having succumbed to Pansy’s full pouty lips‚ ponytail‚ capacious tank top‚ and jeans cut off at mid-thigh. The magistrate stares down at Finlay. “You know what you need to recite in order to plead guilty to a lesser charge. But let the
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instance are where matters are first heard and where the FACTS of the case are determined‚ for criminal courts‚ these can either be Magistrates courts or Crown courts. All cases (even murder) are first heard in a magistrate’s court‚ and if the cases are too serious then they are transferred up to higher court (Crown Court) this is mostly indictable offenses. Magistrate courts decide whether the defendant is guilty or not guilty and will only have a jury if the defendant’s plea is “not guilty” A crown
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other single factor. The senate consisted of ex-magistrates who had an enormous amount of experience in government. These senators took control of Rome and showed real leadership‚ particularly after Cannae. They provided loans‚ slaves for the army and food and arms‚ thus ending the war successfully and increasing their prestige. The influence the senate held over the magistrates was another factor in their increased power. Even though Roman magistrates were not obliged to seek or follow the senate’s
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To what extent did Peterloo change the political voice in the short-term? The disenfranchised working class took to the streets on the 16 August 1819 to protest over their lack of suffrage in the hard economic times. Historian Robert Poole has gone as far as to say that Peterloo was one of the defining moments of it’s age1. For what came to be known as The Peterloo Massacre became a clear indication of the lack of ways in which the working class and peasantry could voice their political beliefs:
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The organ of government responsible f or enforcing justice is the court. Depending on the offence committed‚ there are two courts involved which are the crown court and the magistrate court. The order for determining what mode of trial is now designed to portion majority of the cases which will now be heard in the magistrate court. The cases may still be heard in the Crown court pending the severe nature of the crime committed (case)‚ furthermore the Criminal procedure and investigation Act 1996
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JURORS: Early jurors in England acted as witnesses providing sources of information on local affairs. But they gradually came to be used as adjudicators in both civil and criminal disputes. Gradually it became accepted that a juror should know as little as possible about the facts of a case before its trial. This is still the position today. The juror is a very important body of highly capable and well-trusted individuals that decide the facts a particular case and assists the judge in deliberating
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Discretion within the criminal trial process is a very important matter‚ as the judge or magistrate must exercise appropriate measures in order to reach a just verdict. For example the evidence presented in trial must be approved by the Judge or Magistrate in case the evidence used in court appears inadmissible or prejudicial. The Evidence Act 1995 applies court discretion within the trial process as it allows for the quality
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In this task I shall compare and contrast the roles and functions of judges‚ lawyers and lay people in the English legal courts. Judges There are two types of judges‚ superior judges and inferior judges in the UK. The superior judges are entitled to work in the higher courts such as‚ the court of Appeal‚ and the House of Lords. Whereas‚ inferior judges work in the lower courts in the hierarchy such as crown courts and supreme courts. Superior judges are called district judges and inferior judges
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