Courts, police and juries
Australian citizenship test study notes, summarised from page 31 of Australian Citizenship: Our Common Bond, the official booklet the test is based on.
- Courts are independent; they decide if a law was broken and the penalty, based only on the evidence.
- A judge or magistrate is the highest authority in a court. They are independent and no one can tell them what to decide. They are appointed by government but can’t be removed for decisions government disagrees with. A magistrate is a judge of a lower court.
- People are innocent until proven guilty, and everyone has the right to a lawyer.
- In some cases a court uses a jury of randomly chosen ordinary citizens to decide guilty or innocent; the judge explains the law and, in criminal trials, decides the penalty.
- Police keep peace and order and protect life and property; they are independent of government. Police may arrest and give evidence, but the court decides guilt.
- States and the NT have their own police. The Australian Federal Police (AFP) investigates crimes against federal law (drug trafficking, national security, environment) and does general policing in the ACT.
- It is a serious crime to bribe — or even offer a bribe to — a police officer.
Our Common Bond, p. 31
Sample practice questions
Try these, then check your answer. They’re our practice questions, not the real test questions.
1. Are courts in Australia independent?
- No, they follow the government’s instructions
- Yes
- Only the High Court is
Show answer
Answer: B. Yes
The courts in Australia are independent.
Our Common Bond, p. 31
2. Which crimes does the Australian Federal Police (AFP) investigate?
- Crimes against state laws, such as theft and burglary
- Crimes against local council laws, such as parking, noise and animal control offences
- Crimes against federal laws, such as drug trafficking and crimes against national security
Show answer
Answer: C. Crimes against federal laws, such as drug trafficking and crimes against national security
The AFP investigates crimes against federal laws, for example drug trafficking, national security and environmental crimes.
Our Common Bond, p. 31
3. Can anyone tell a judge or magistrate what to decide?
- Yes, the government that appointed them
- Yes, the minister responsible for the courts
- No, judges and magistrates are independent
Show answer
Answer: C. No, judges and magistrates are independent
The judge or magistrate is the highest authority in a court. They are independent and no one can tell them what to decide.
Our Common Bond, p. 31
Practise all 21 questions on this topic