Rules of Court

From 29 August 2022, the Joint Criminal Rules 2022 (SA) ('the Joint Criminal Rules') apply to all criminal proceedings in the [r 1.6]:

However, some rules apply to Lower Courts, Higher Courts, or a specified Court only.

A criminal proceeding is defined as [r 2.1]:

A criminal proceeding does not include an appellate proceeding. Appellate proceedings are dealt with and defined separately under Chapter 9 of the Rules.

Electronic court management system: CourtSA Online Portal

The Joint Criminal Rules establish an electronic court management system to perform the Principal Registrar’s functions (referred to in rule 16.2) and for use by court officers and external users [r 22.1(1)]. The electronic system may enable [r 22.1(2)]:

The Principal Registrar may determine that it is mandatory that all or specified classes of documents lodged for filing by all or specified classes of persons be filed electronically [r 22.1(3)]. The Principal Registrar may, however, waive the requirement for electronic filing as they think fit [r 22.1(5)].

Filing original affidavit evidence

The original of an affidavit, which is in hard copy form and is uploaded electronically, must be uploaded by scanning the original and not by scanning a copy [r 22.3(2)]. The person who uploads the affidavit must also retain possession of the original affidavit until the proceeding is finalised and any appeal period has expired [r 22.3(3)]. The original must be retained by the filing party, even if that party files the original with the Court, for the Court to upload to the electronic system [r 28.10].

Documents filed with or issued by the Court in electronic form, or which are converted by the Court into electronic form, represent the official record [r 22.4(1)].

Issuing of documents by Court

Documents are issued by the Court when [r 31.1]:

It is sufficient to serve a version of a document downloaded from the electronic system or in the same terms as the original in the electronic system [r 31.1(2)]. The electronic system provides a further method of service via the CourtSA Online Portal if the document is contained in the case on the electronic system, is accessible to the other party or their lawyer and the party serving the document sends the party to be served or their lawyer an email or text message identifying the case number, the existence of the document in the case and the title, date and FDN of the document [r 36.6]. Only the email address or mobile phone number provided specifically for the purpose of communications in relation to the case can be used [r 33.6(1)(d)].

The Criminal Division of the Magistrates Court is a court of summary jurisdiction [see Magistrates Court Act 1991 s 7(2)] and is the originating court for matters which are to be heard in the superior courts. The Court has jurisdiction to:

A magistrate cannot sentence a person to a penalty of imprisonment of more than five years for one offence or ten years for more than one offence, and cannot impose a fine exceeding $150 000 (or a fine exceeding $300 000 for an offence under the Work Health and Safety Act 2012 (SA)), regardless of whether the offence is summary or indictable [see Magistrates Court Act 1991 (SA) ss 9(4)(a), 9(4)(b), and 9(5)].

A magistrate may remit the imposition of a sentence to a superior court if the magistrate is of the opinion that the sentence imposed should exceed the above limits [see Magistrates Court Act 1991 (SA) s 9(7)] or where the Magistrate is of the that the interests of justice require committal to a superior court [see Criminal Procedure Act 1921 (SA) s 116(1)].

If a person pleads not guilty to an offence charged in the Magistrates Court, but guilty to an alternative offence or an attempt to commit the offence charged (and the plea of guilty is accepted by the prosecution) then the Court may sentence the person. Where the alternative offence, or attempted offence is a major indictable offence, the Court can either commit the person to a higher court for sentence, or sentence the person in accordance with section 116 of the Criminal Procedure Act 1921 (SA) [see Criminal Procedure Act 1921 (SA) s 115A].

The Petty Sessions Division of the Magistrates Court [see Magistrates Court Act 1991 (SA) s 7(1)(e)] has jurisdiction to:

The Criminal Division of the District Court is the principal indictable trial court in South Australia [see District Court Act 1991 s 7(b)]. The District Court has jurisdiction to hear all indictable matters, except for murder, treason, and related offences [see District Court Act s 9(1); Criminal Procedure Act 1921 (SA) s 116(1) for committal for sentence; Criminal Procedure Act 1921 (SA) s 117 for committal for trial].

The District Court has jurisdiction to hear summary offence(s) when alleged on information in conjunction with indictable offence(s) [see District Court Act 1991 s 9(3)]. The District Court can remit summary offence(s) to the Magistrates Court to be dealt with as if the summary offence(s) originated on complaint [see Criminal Procedure Act 1921 (SA) s 102(4)]. The Court may order matters be heard in the Supreme Court for trial or sentence [see Criminal Procedure Act 1921 (SA) s 118(3)].

District Court criminal trials for state offences are conducted before a Judge sitting alone or with a jury [see District Court Act 1991ss 20(1) and 20(2); Juries Act 1927 s 7].

The Supreme Court is the superior court of the State with original and appellate jurisdiction [see Supreme Court Act 1935 s 17]. The court hears the most serious criminal matters, including murder, treason and related offences [see Criminal Procedure Act 1921 (SA) s 116 for committal for sentence; s 117 for committal for trial; s 117(3)(a)(ii) for major indictable offences of unusual gravity; s 117(3)(a)(iii) for offences involving unusually difficult questions of law or fact].

The Supreme Court can remit summary offence(s) to the Magistrates Court to be dealt with in the same manner as if the summary offence(s) originated on complaint [see Criminal Procedure Act 1921 s 102(4); Magistrates Court Act 1991 s 19(2a)]. The Supreme Court can order matters be listed in the District Court for trial or sentence, and may alternatively call matters listed in the District Court to the Supreme Court for trial or sentence [see Criminal Procedure Act 1921 (SA) ss 118(1) and 118(2)].

Supreme Court criminal trials for state offences are conducted before a Judge sitting alone or with a jury [see Juries Act 1927 s 7].

Court of Appeal

The Court of Appeal hears appeals arising from proceedings in the District Court, and single Judges of the Supreme Court [see District Court Act 1991s 43; Supreme Court Act 1935 s 50]. Most appeals from the Magistrates Court are heard by a single Judge of the Supreme Court in its General Division [see Magistrates Court Act 1991 s 42(2)]. Appeals against decisions from the District Court or the Supreme Court are determined by the Court of Appeal of the Supreme Court [see Supreme Court Act 1935 s 48; District Court Act 1991 s 43(2)(c)].

The Court of Appeal would ordinarily be comprised of 3 judges [Joint Criminal Rules 2022 (SA) r 192.3(a)]. In some matters the Chief Justice or President of the Court of Appeal may determine that the Court of Appeal should be comprised of 2 or 5 judges, depending on the matter [r 192.3(b)-(c)].

Pursuant to rule 192.4, a single Judge may hear applications which are interlocutory or ancillary to an appeal to the Court of Appeal under rule 201.1, such as [r 201.1]:

Matters can also be referred to the Court of Appeal division for consideration of questions of law [see Magistrates Court Act 1991 s 43; District Court Act 1991 s 44(2); Supreme Court Act 1935 s 49].

The Supreme Court regularly sits in Port Augusta and Mount Gambier. When it does so, it holds a call over at the beginning of the sitting period to determine which cases are for mention or plea and which are proceeding to trial and when.

The Court System diagram is also available in PDF format (81 KB).