Self-Guided School Visits

www.courts.sa.gov.au COURTS ADMINISTRATION AUTHORITY

SELF-GUIDED SCHOOL VISITS

Metropolitan Courts The Adelaide CBD has a number of courts suitable for school visits:

. Supreme Court

. District Court

. Adelaide Magistrates Court

Matters Heard by Each Court Supreme District Court (Sir Samuel Way Building, 241- 259 Victoria Square) . Courts 1 – 10 and 18: Criminal trials and sentences - Trials generally sit from 10.00 am to 4.30 pm.

- Sentences are usually heard at 10.00am, 2.00pm or after 3pm. . Courts 19 – 25: - Non-Criminal Matters

Adelaide Magistrates Court (260-280 Victoria Square) Courts 6 – 10 are Civil Courtrooms. Criminal matters are heard in other courtrooms with courts 2, 12 and 21 being the best courts for viewing. Other courts have limited seating or are closed to the public.

. Court 2 (Ground Floor): General Court before a Magistrate. A high volume of criminal matters are listed daily, most of which are minor and summary (quick in nature). Matters include: - Bail applications (permission to be released from custody on specific conditions)

- Adjournments (requests to put a matter off to a later date)

- Guilty pleas (defendants admitting to an offence). These generally take only 5-10 minutes enabling students to observe an entire case. - First appearances for serious offences that may be committed (referred) to a higher court.

. Court 12 (Level 2): General Court and Committal Court - Committal Court deals with the preliminary stages of serious matters which are to be committed to the District or Supreme Courts for trial. There are ample seats in this court, however, there is often not much to observe other than the setting of key dates. . Court 21 (Level 4) - General Court before a Special Justice who has the power to hear minor criminal matters.

- Early Resolution Court where a Magistrate hears guilty pleas. This court provides excellent viewing for students in the morning sessions from 10.00am to 1.00pm. . Various Courts - Trials: Access to view Magistrate Court trials is subject to available seating.

Supreme Court (1 Gouger Street) This court generally hosts non-criminal matters. Courts 1 and 2 in this building provide excellent examples of courts built in the 19th Century.

Booking a Timeslot The court buildings are open to the general public from 9.00am to 5.00pm.

School bookings via the GOBookings program can be made for the following sittings:

. 11.30am - 1.00pm . 2.15pm - 4.30pm

All bookings indicate attendance at the Adelaide Magistrates Court. If you also intend taking your students to the Sir Samuel Way building to view the Supreme and District Court matters you will be prompted to indicate this via a series of questions. It will be assumed that you will attend both courts within your booked timeslot. If you will need additional time to visit more than one court, you must book a second session. If you need to contact the court regarding your booking please send an email to: [email protected]

Prior to Your Visit. Please discuss the required protocols with your students.

Review the Information Pack on the CAA Court Visits internet page and print resources relevant to your students. These are provided to assist you to prepare students for their visit and encourage discussions post visit:

1. SA Court Hierarchy (as at 2014)

2. The Criminal Process Explained

3. Opening to a Jury by a Judge

4. Sentencing Discounts

5. MASON, Daniel (sentencing remarks)

6. Decisions through the lens of a court

7. Interesting cases from Dr Giancaspro

8. Journey through the Courts Poster

9. Courts and Australian Curriculum

10. What’s the Story EBook promo Use the CAA Case Lists which are published from 5.00pm on the day prior to the proceedings, to select a number of suitable courts for viewing by your group. Having options will be important as you may be unable to go into some of the courtrooms.

Discourage students from bringing bags into the court unless unavoidable as there is limited space in some courtrooms and it will increase the time taken to pass through security scanning in each building.

Volunteers in the foyer of the Adelaide Magistrates Court can assist students to store bags in a lockable cupboard and provide directions to courtrooms. If no volunteers are in attendance, students will have to keep bags with them.

There is no storage for bags at the Supreme or District Courts. Volunteers, if in attendance, or Sheriff’s Officers can assist with directions to courtrooms.

If you are bringing a large class, please organise them into smaller groups and ensure adequate supervision is provided.

Due to limited space in some courtrooms, groups of 15 are recommended. Selecting Suitable Courts – What to Choose Court evidence can be very explicit and include violent or sexually explicit material. Students may be exposed to offensive language both in and outside of the courtroom. When selecting courts to view, a review of the charges is recommended and cases involving matters of a sexual nature should be avoided, particularly when viewing trials.

The following hearing types are recommended for school visits.

Adelaide Magistrate Court (260-280 Victoria Square, Adelaide): . General Matters before a Magistrate – Court 2 – sits every day. . General Matters before a Magistrate – Court 3 – sits regularly but only has space for a maximum of 5-7 students. . General Matters before a Magistrate – Court 12 - sits most Mondays. . General Matters before a Special Justice – Court 21 - sits every day except Thursday. . Early Resolution Court – Court 21 – sits most Thursdays. . Committal Court – Court 12 – sits Tuesday to Friday. . Trials – Various Courts – Not all trials go ahead and access is subject to available seating.

District and Supreme Courts (heard in the Sir Samuel Way Building): . Court of Criminal Appeal . Trials – For Trial and Part Heard matters – Avoid matters with charges of a sexual nature. . Sentence - Students need to be seated in the court before the sentencing begins and remain seated until the sentencing process concludes.

Where Can I find the CAA Case Lists? From 5.00pm the day prior to your visit, go to the CAA website to access the Supreme, District and Magistrates Court Case Lists.

Each Case List includes a series of headings in bold which details the courts sitting, commencement times, Judicial Officers and the type of matters to be heard. Under each of these headings is a list of defendants appearing and the charges. The example below shows that a General Court will be sitting at 10.30am in Courtroom 7 and the first matter on this list relates to a drug offence. COURT 7 at 10:30a.m. - Before DEPUTY CHIEF MAGISTRATE DR CANNON (General Matters – Video Link) 57 AMCCI-17-2020 DEFENDANT Name Traffic (Type Unknown) In A Controlled Drug – Basic

Entering a Court Building ‘Point of entry searches’ are conducted by Sheriff’s Officers at all courts and you should arrive at least 15 minutes prior to your visit to allow time for this process and to locate your selected courts. Minimising the number of school bags brought into the court will speed up the entry process.

Items such as scissors, metal cutlery and wine bottle-openers may have to be handed over at the point of entry but can be collected upon departure. Teachers can assist by collecting such items before entering the building so they can be bagged and tagged under one name.

Items considered to be offensive weapons will be seized and police may be called.

When entering: . Place bags on the conveyor belt of the scanning machine.

. Place loose items e.g. coins, keys, phones from pockets into a plastic tray that is placed on the conveyor belt.

. Walk through the scanning frame, one at a time, on the green light.

. Collects personal items from the conveyor and move to the far side of the foyer area.

No storage for bags is available at the Supreme or District Courts. Volunteers, if in attendance, or Sheriff’s Officers can assist with directions to courtrooms.

Once inside the building students should keep noise to a minimum and avoid staring at or interacting with any non-court staff.

Inside the Courtroom At least one Sheriffs Officer will be in attendance in all criminal courtrooms. If unsure about bringing your group into a specific court, approach these Sheriff’s Officers and seek advice. All parties report to the Sheriff’s Officers when entering a courtroom so you may need to wait to speak with them.

Students should enter and exit the Courtroom as quickly and quietly as possible.

If a Judicial Officer is on the bench when entering or leaving a courtroom, as a sign of respect, students can either nod their head or bow slightly. If possible seat your class on the far side of the court. Avoid sitting in the front row and leave at least five other seats free if practicable as these are often required for counsel and defendants in courts hearing large numbers of matters. Mobile phones must be on silent (preferably turned off completely) Students must not: . wear hats;

. take photographs or record proceedings on any device;

. write or read - worksheets must be completed outside the courtroom;

. eat or drink - this includes chewing gum; or . disrupt proceedings in any way.

Be aware that for those in the courtroom tension and anxiety might be high. Observe proceedings quietly, avoid staring at people in the court and wait until you are well away from the court before commenting on matters observed. If courts are not too busy some Magistrates will address students and ask if they have any questions. As a general rule, courts are open to the general public, however, some courtrooms may be closed due to the nature of the hearing. Closed courts will have a sign placed on the door stating “Closed Court”. Courts will be closed by direction of the Judicial Officer, and on some occasions, Sheriff’s Officers in the interests of Work, Health and Safety. If this sign is displayed, you do not enter the courtroom.

Safety Requirements All school groups must be accompanied by the required number of registered teachers. Teacher/student ratios required under the South Australian Department for Education and Children Development guidelines are a minimum ratio of 15:1 for all excursions. Note also that there are guidelines for the non-Government sector.

Teachers have a duty of care to their students while on excursions and are responsible for their safety, welfare and behaviour at all times. Under no circumstances should students be left unsupervised.

Teachers must be mindful that courts are public places and judgment may need to be exercised to remove students from situations deemed inappropriate or risky. Any inappropriate behaviour towards students should be reported to the Sheriff’s Officers in the courtrooms or at the point of entry.

If an emergency occurs during your visit you are required to follow all directions of the Sheriffs’ Officers.

Suggested Teaching Points Adelaide Magistrates Court Before entering the building, question students about their expectations as there won’t be gavels in use, nor will people run around the courtroom as they do in popular TV shows or movies.

The foyer of the Adelaide Magistrates Court is the old court and dates back to the 1840s. The bench at the front of the room and the upstairs viewing area provide evidence that it was a court. The British Coat of Arms above the marble plinth reflects the English origins of our court system.

In the front left corner, adjacent to the bench is a glass window that allows viewing of the old tunnels that run under central Adelaide. They used to run from the Court to Parliament House via the Adina Hotel (former Treasury Building). From Parliament House the tunnels tracked east under King William St, the Parade Grounds and onto the Botanic Gardens and Ayers House restaurant. They also extended to the western side of Victoria Square and to the Youth Court in Wright Street.

The tunnels have been used:

. To move gold during the gold rush to the Treasury Building where it was smelted and stored.

. To store coal in the 1890s.

. As a location to hide things of value during WWII.

. As a storage area for paper files.

. To move prisoners locked up at the rear of the court, into the court via the tunnels. . Nowadays, they can be booked for small parties through the Adina Hotel.

. The main foyer to the rear of the Magistrates Court reflects renovations finalised in the mid- 1990s. From upstairs one has a good view of the former Magistrates’ house situated at the rear of the old court.

For the students of AC:History, reflect on the fact that to walk from the foyer to the rear area traverses over 170 years of history (time, continuity and change). The old timber adorning the top of the courtroom doors is treated King William pine – the architect trying to draw connections between the old and the new.

For students of AC:Geography, reflect that for most people, the Courts represent a space that one might move through or visit, but for the some who have dealings with courts, the space may become a place – taking on much greater connected meaning and significance.

Key learnings about courts What courts do Courts resolve disputes by making decisions. Information is used to make decisions. Courts can only use information provided in the court to arrive at their decision.

Information is provided by the respective lawyers at the Bar table and witnesses describe what they have seen or directly heard. The written Law and previous similar cases also inform decisions. Poor information results in poor decisions.

The structure of SA courts SA Courts, like those of common law countries, are arranged in a layers or tiers (a hierarchy). In the family home there may be a hierarchy of decision-making from parent to child to younger siblings to household pets. In schools there is a hierarchy within the various year levels and staff from teachers to coordinators to the other leaders and the Principal.

Within Australian States there are generally three levels of court – Magistrates, District or Local/County and Supreme. Courts hear criminal matters (criminal courts) and non-criminal matters (civil courts) and the level of court is determined by the severity or complexity of the case. For example, the Supreme Court (criminal) deals with murder, murder-related matters and offences of treason. The Magistrates Court (criminal) generally deals with minor or summary matters involving adults e.g. driving offences, offences against public order such as urinating in public, fighting, damaging property, assaults and offences of dishonesty to name a few.

Unusual examples include: . Driving a car with ‘water-squirters’ pointed away from the windscreen so as one drives past persons on the side of the road, they can squirt them.

. Rolling a bowling ball down Rundle Mall and into the traffic on King William Street at 6.00pm on a Sunday night.

. Drink-driving on a motorised esky.

. It is even an offence to be disrespectful to a teacher (s105 of the Education Act (SA) 1972).

The District (intermediate criminal) Court deals with matters more serious than those described above, but not murder or murder related cases.

The Magistrates Court is also the starting point for all criminal cases involving adults and serious cases, and is required to make decisions about whether or not enough evidence exists to send (commit) someone to a higher court for trial.

Youths (10-18 years) are generally dealt with by a special court called the Youth Court. The underlying philosophy of this court is support – ‘care, guidance and correction’, rather than punishment. Which court am I in? The level (jurisdiction) of the court is determined by who is sitting at the front of the court at the larger table known as the Bench.

For the senior school students, it is worth pointing out that the Bench is symbolic of the Separation of Powers and appears like a fence or barrier indicating judges are independent. It can also be compared to a teacher’s desk – usually larger and more prominent than the desks used by students perhaps denoting power.

Coloured robes and wigs denote criminal courts higher than the Magistrates Court – purple robes (District Criminal Court) and red robes (Supreme Criminal court). In some Australian states the wearing of wigs and even coloured robes has ceased.

In non-criminal courts black robes are worn and there are no wigs. In the Magistrates Court suits or corporate female attire without wigs or robes is generally the order of the day.

The table in front of the Magistrate is occupied by the Magistrates Clerk. The Clerk controls the order of business in the court and duties include entering outcomes in relation to matters and transcribing the decision of the Magistrate.

In the higher courts, three people are seated at the table in front of the judge – a court reporter, a Judge’s Associate (lawyer) who assists with the running of the court and undertakes research and a range of other tasks, and a Judicial assistant or Tipstaff.