chapter 3: introduction to the victorian justice system Flashcards
what is the criminal justice system
it is a set of processes and institutions that are used to investigate and determine the outcomes of a criminal case
what are two key purposes of the criminal justice system
- decide whether an accused is guilty of an offence
- impose a sanction in cases where an accused has been found or pleaded guilty
why does each state have their own criminal justice system
- because under the Australian constitution, the commonwealth parliament does not have the power to make laws about crime in general
- this power is left to the states, who have the power to maintain public order and protect citizens
what are the courts that hear and determine criminal cases in Victoria
- the Magistrates Court
- the County Court
- the Supreme Court
- the children’s court also hears criminal cases in Victoria, where a child (between the ages of 10-17 at the time of the offence) has been accused of committing a crime
who are the parties involved to a criminal case
- the state - represented by a prosecutor
- the accused (the person or organisation alleged to have committed a crime)
- the victim is not a party to a criminal case and does snot bring the court action
principles of justice
as justice is difficult to define ass it means different things to different people, therefore when considering whether justice has been achieved in a case, it is helpful to consider
- fairness
- equality
- access
define fairness
- being ‘impartial and just treatment or behaviour without favouritism or discrimination’
- in the criminal justice system fairness means having a fair process and a fair hearing, giving parties an adequate opportunity to be heard this means that:
- people should have their case heard in an impartial and objective manner
- people should have the opportunity to know all the facts of the case
- the court or tribunal processes should allow all parties to present their case - to understand the other side’s case
define equality
- ‘the state of being equal, especially in status, rights or opportunities’
- it is about how a person is treated in a case - requires all people to be treated equally before the law, with an equal opportunity to present their case
- no person or group should be treated advantageously or disadvantageously
- the process should be free from bias and discrimination
define access
- ‘is the ability to use something, or gain access to something’
- It is generally accepted that members of society should be able to access education, health, food and shelter, and be able to freely access information or enter public areas
- Access to the criminal justice system means that all people should be able to understand their legal rights and pursue their case
summary offences
- summary offences are minor criminal offences that are generally heard in the Magistrates’ Court
- The final hearing at which both parties will put their case before a magistrate is known as a hearing (as opposed to a trial in the County Court or Supreme Court)
- there is no right to a jury trial for summary offences
- The maximum imprisonment that can be given is 2 years for a **single** offence or 5 years for ****multiple****** offences
- they are mainly found in the Summary Offences Act 1966 (Viic)
examples of summary offences
less serious types of crimes, such as drink driving, disorderly conduct and minor assaults
indictable offences
- Indictable offences are serious criminal offences heard by a judge (and jury if the accused pleads not guilty) in the County Court or Supreme Court of Victoria
- final hearings are known as trials
- they are mainly found in the **Crimes Act 1958 (Vic)*
- stealing money - is always indictable but it depends on whether the court decides to hear the case summarily or not
examples of indictable offences
indictable offences include homicide offences (such as murder or manslaughter), sexual offences, some theft crimes and drug trafficking - rape, murder, fraud and drug offences
indictable offences heard summarily
- Some indictable offences are known as indictable offences heard and determined summarily
- These are indictable (serious) offences, but they can be heard in the Magistrates’ Court as if they were summary (minor) offences. These are determined by statute
- The accused will usually choose to have an offence heard summarily because it is quicker and cheaper to have a case heard in the Magistrates’ Court
- the maximum penalty that can be handed down is less than if it were heard as an indictable offence - less than 10 years
- the court however must agree that the offence is appropriate to be heard summarily
committal proceedins
- committal proceedings occur when an accused person is charged with an indictable offence and pleads not guilty
- they occur in the Magistrates’ Court and involve several stages before reaching the final part, the committal hearing - this is where the Magistrate will decide whether there is sufficient evidence to support a conviction at trial
- if there is enough evidence, the accused is committed to stand trial and the case is transferred to a higher court
- if there is not enough evidence, the accused is discharged and allowed to go free
- saves money and time - decide if there is enough evidence for a case to go to a higher court