chapter 3: introduction to the victorian justice system

Question 1

what is the criminal justice system

Answer 1

it is a set of processes and institutions that are used to investigate and determine the outcomes of a criminal case

Question 2

what are two key purposes of the criminal justice system

Answer 2

• decide whether an accused is guilty of an offence
• impose a sanction in cases where an accused has been found or pleaded guilty

Question 3

why does each state have their own criminal justice system

Answer 3

• 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

Question 4

what are the courts that hear and determine criminal cases in Victoria

Answer 4

• 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

Question 5

who are the parties involved to a criminal case

Answer 5

• 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

Question 6

principles of justice

Answer 6

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

Question 7

define fairness

Answer 7

• 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

Question 8

define equality

Answer 8

• ‘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

Question 9

define access

Answer 9

• ‘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

Question 10

summary offences

Answer 10

• 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)

Question 11

examples of summary offences

Answer 11

less serious types of crimes, such as drink driving, disorderly conduct and minor assaults

Question 12

indictable offences

Answer 12

• 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

Question 13

examples of indictable offences

Answer 13

indictable offences include homicide offences (such as murder or manslaughter), sexual offences, some theft crimes and drug trafficking - rape, murder, fraud and drug offences

Question 14

indictable offences heard summarily

Answer 14

• 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

Question 15

committal proceedins

Answer 15

• 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

Question 16

burden of proof

Answer 16

• refers to the responsibility of a party to prove the facts of the case
• the burden of proof lies with the person or party who is bringing the case - in a criminal case this is the prosecution
• One of the justifications for this is that if the prosecution is accusing a person of having committed a crime, then the responsibility should be on the prosecution to establish the facts
• In a few cases the burden of proof can be reversed – for example, if the accused is pleading a defence such as self-defence or mental illness
• mental illness - the onus (responsibility) will be on the accused person to prove that they were suffering an impairment, or that they were acting in response to another person’s actions

Question 17

standard of proof

Answer 17

• the standard of proof refers to the strength of evidence needed to prove the case
• in a criminal case, the prosecution must prove the case beyond reasonable doubt
  
  • means that no reasonable doubt is possible from the evidence presented
  • the judge or members of the jury may still
    be able to think of fanciful, imaginary or unreasonable doubts (i.e. doubts that aren’t realistic or based on
    the evidence), but these do not count
• if the burden of proof is on the accused (for example, the accused is relying on a certain defence), then the standard of proof is on the balance of probabilities, but this is an exception

Question 18

presumption of innocence

Answer 18

• every person accused of a crime is presumed to be innocent until they have gone before a court and have been found guilty
  
  • the presumption of innocence is one of the key principles of the rule of law, and is
    one of the most important concepts on which the criminal justice system is based
• the state guarantees that is a person is accused of a crime, they will be treated as innocent until proven guilty

Question 19

how is the presumption of innocence upheld

Answer 19

the presumption of innocence is also upheld through:
- imposing a high standard of evidence on the prosecution (rather than the accused)
- the use of the bail system to allow an accused their liberty prior to the court date
- the right to silence during questioning and the trial
- not allowing a person’s prior convictions to be reversed until their sentencing (after they have been found guilty)