Aos 1 Flashcards
(40 cards)
what is a summary offense and where is it outlined
A minor offense many of which are outlined in the Summary Offenses Act 1966 (VIC)
What is an indictable offense, where is it heard and outlined
a more serious offense heard in either the county court or supreme court (trial division) outlined in the Crimes Act 1958 (VIC)
what is the burden of proof and who does it belong to
the responsibility of proving the guilt of the accused in a court of law. Responsibility belongs to the prosecution
what is the standard of proof
refers to the extent to which the guilt of the accused must be establish by the prosecution
Is on the balance of probabilities
what are three rights of the accused
right to trial without unreasonable delay
right to trial by jury
Right to silence
what are the three rights of the victim
right to give evidence using alternative arrangements
right to be informed of proceedings
right to be informed of the likely release date
elaborate on right to give evidence using alternative arrangements
certain provisions can be put in place to ease the challenge of providing a testimony e.g evidence from behind a screen, closing the court, providing evidence through cctv
elaborate on right to be informed of proceedings
Victorian Charter outlines that investigatory bodies must keep victims informed of the operation which is unfolding. Are to keep up to date unless certain details will jeopardise case proceedings
elaborate on the right to be informed of the likely release date
Victims of violent offences can be placed on a victims register. A record of those who which to be updated about the status of their imprisoned offender
describe justice
A universal concept which refers to individuals possessing distinct rights and responsibilities, rights are to be protected and responsibilities are to be fulfilled
outline the POJ fairness
Fairness involves all people being able to participate in the justice system; processes are to be impartial and open
outline the POJ equality
Equality involves all parties being treated similarly. If such treatment leads to disparity or disadvantage measures must be put in place
outline the POJ access
Access involves parties being able to engage with the justice system on an informed basis
how does the criminal justice system address fairness
Independant, impartial third party and jury
strict rules of evidence and procedure
Rights of accused
open courts
rights of victim
how does the criminal justice system address equality
natural justice
equal opportunity to present case
roles of personal
use of interpreters
different forms of oath or affirmation
how does the criminal justice system address access
Bodies which provide legal information, assistance and representation
Court Hierarchy
Committal proceedings
Plea negotiations
what is VLA
Victorian Legal Aid
define VLA
A government funded body which provides free information and advice to all Victorians
what services does VLA provide to the accused
telephone hotline
comprehensive website
VLA duty lawyers in MC and children’s court
Help before court
funding for legal rep (grant)
what services does VLA provide to the victim
Navigation of criminal justice system
applying for intervention orders
seeking financial assistance
possible funding for representation
what is a CLC
and drescribe
a Community Legal Centres are independent bodies funded by local, state and federal governments which aid those with special needs and facing disadvantage
What are two types of CLCs
General
Specialist
Hoe many general CLCs in Victoria
24
Example of general CLCs
Fitzroy Legal Service
