AOS 1 Revision

Question 1

Fairness

Answer 1

The principle that all people can participate in the justice system & that its processes should be impartial & open

Question 2

Equality

Answer 2

The principle that all people engaging in the justice system & its processes are to be treated the same way, if treatment creates disparity/disadvantage, measures should be implemented to allow all to engage in justice system without disparity

Question 3

Access

Answer 3

The principle that all people should be able to engage in the justice system & its process on an informal basis

Question 4

Presumption of innocence

Answer 4

Presumed Innocent Until Proven Guilty
-Person should be treated as though they are innocent until proven otherwise, guilty verdict will be handed down based on evidence presented

Question 5

Presumption upheld by

Answer 5

-proved by prosecution (holds burden of proof)
-Beyond all reasonable doubt (standard of proof)

Question 6

Presumption maintained through:

Answer 6

-System of bail, when accused charged with crime, bail should always be granted unless there are compelling reasons to deny release
-rights also guaranteed in Victoria through the Victorian Charter of Rights & Responsibilities act 2006 (VIC)
-Right to remain silent in proceedings & police questioning
-Prior convictions not revealed until sentencing, not used for determination of guilt
-right to appeal wrongful conviction or harsh sanction

Question 7

Burden Of Proof

Answer 7

Party who holds responsibility to prove the facts of the case in order for jury/magistrate/judge to find the accused guilty

Question 8

Who has burden of proof?

Answer 8

-Prosecution have burden of proof as they are accusing a person of committing a crime based on evidence & fact

Question 9

Standard Of Proof

Answer 9

The degree to which the case must be proven by a person with the Onus/Burden

Question 10

In a criminal case this is:
(Standard of proof)

Answer 10

beyond reasonable doubt
-This also means that prosecution must present sufficient evidence of a convincing nature so the court is satisfied without any doubt that the accused committed these alleged offences

Question 11

The rights of the accused

Answer 11

-The right to be tried without reasonable delay
-The right to silence
-The right to a trial by jury

Question 12

The right to be tried without delay

Answer 12

The Victorian charter guarantee’s all accused people are entitled to a trial that is free from unnecessary or unreasonable delays

Question 13

Right to be tried facts and regardlessness

Answer 13

Reasonable factors include:
-Complexity of the case
-Legal issues involved
-This right is ‘Free from discrimination’
Regardless of:
-prior history
-personal attributes (age, sex, gender, race, etc)

Question 14

Weaknesses with delays in trials

Answer 14

Delays often occur when cases are backed up in the courts (even more so since covid)

Question 15

Weaknesses list of delays in trials

Answer 15

-Evidence can become problematic
-If accused is refused bail, held in remand
-Costs associated with lengthy trial

Question 16

Right to be silence

Answer 16

This Right has two parts
1. The accused cannot be compelled to answer questions or give evidence without their consent

2. No adverse inferences can be drawn from the accused's silence I.e: The jury/judge cant assume that the accused stays quiet, it means their guilty

Question 17

Right to trial by jury

Answer 17

-The jury system provides for a trial by others in the community
-The jury system provides the opportunity for community participation in the legal process, and for the law to be applied according to community standards
-The right to trial by jury is not protected by the human rights charter, but rather protected in part by the commonwealth constitution, and in part by statute law in Victoria (criminal procedure act 2009)