outcome 1 area of study 1 Flashcards Preview

legal studies > outcome 1 area of study 1 > Flashcards

Flashcards in outcome 1 area of study 1 Deck (23)
Loading flashcards...
1
Q

describe the right to give evidence as a vulnerable victim

A

can include children and victims of sexual assault. criminal procedures act 2009 (vic) suggests they can have a support person, give evidence via CCTV or have a screen between them and the accused. the court can also require legal practitioners to remain seated and not wear robes/wigs.

2
Q

describe the victims rights to be informed about proceedings

A

The Victims Charter 2006 (vic) requires that the victim be informed about the investigation when possible. They should be informed about;

  • charges against the accused
  • the outcome, including sentencing
  • details of any appeals
3
Q

factors that affect fairness

A
  • personal bias from a judge or jury
  • lack of legal representation
  • lengthy trials/delays
  • laws & court rules not properly applied
4
Q

what is equality

A

the state of being equal, especially in status, rights and opportunities. everyone should be treated the same. they should be treated equally before the law with an equal opportunity to present their case.

5
Q

how is equality achieved

A
  • everyone can have legal aid
  • use of a judge and jury
  • the extent to which the laws apply equally to everyone
6
Q

factors that affect equality

A
  • bias towards certain races, individuals etc
  • lack of understanding eg. language barrier
  • lack of legal representation
7
Q

what is access

A

the ability to approach or make use of. people should understand their rights and pursue their case. able to approach bodies and receive information about dispute resolution processes and outcomes

8
Q

what is fairness

A

the impartial and just treatment of behaviour without favouritism or discrimination. not everyone gets the same thing. includes fair processes and fair hearing. people should understand court processes, present their defence and rebut the opposing case.

9
Q

what is an indictable offence

A

serious criminal offences that have the right to be tried before a judge and jury of 12. in either the county or Supreme Court

10
Q

how is access achieved

A
  • access to legal aid
  • access to use of appeals
  • availability of courts and legal processes
  • access to bail
11
Q

factors that affect access

A
  • costs and delays of legal aid/advice

- lack of understanding surrounding legal rights and processes

12
Q

what is a summary offence

A

minor criminal offence heard in the Magistrates Court eg. minor assaults or traffic offences

13
Q

describe the right to be tried without an unreasonable delay

A

the accused must be brought promptly before a court. they have the right to be released if this does not happen. they must be tried without unreasonable delay

14
Q

describe the right to bail

A

this allows a person to be released, conditionally, before a trial or hearing. Bail is part of recognising that all people are innocent until proven guilty. Usually it has conditions such as regularly reporting to police. If bail isn’t granted they will be held on remand eg. if they are a threat to the community. Bail is a balancing act. For individuals rights (accused) v the community

15
Q

what is the presumption of innocence

A

that if an accused is charged with a criminal offence has a right to be presented as innocent until proven guilty. this emerged through common law in Victoria but is re enforced in the charter of human rights and responsibilities act 2006

16
Q

how is the presumption of innocence maintained?

A

maintained through the standard and burden of proof being so high and through the access to bail. they also have the right to remain silent, for indictable offences police must have enough evidence for a conviction before going to trial

17
Q

how is fairness achieved

A
  • an unbiased judge and jury
  • fair trial/hearing
  • right to legal aid regardless of plea
  • understanding legal processes
  • trial being heard within a reasonable time
18
Q

describe the victims right to be informed about the release date of the accused

A

if on the victims register, victims can;

  • know the offenders earliest release date
  • know the offenders parole status and conditions

they can also write a letter to the adult parole board stating how the offenders release may effect them etc

19
Q

describe the right to a fair trial

A

the accused has the right to have their case heard by an independent and impartial body. the two parties have equal opportunity to plead their case. the accused is allowed to remain silent, this silence cannot be taken as an admission of guilt

20
Q

what are the rights of the victims

A

the victims charter 2006 (vic) suggests victims of a crime should be treated fairly by all parties involved in the case such as the police, prosecution and any victim services provided

21
Q

what should the victim be informed about

A
  • his/her rights and services available
  • if anyone has been charged
  • if the accused has received bail
  • to seek compensation from the person who committed the crime
  • the right to tell the judge/Magistrate how the crime impacted them via Victim impact statement
22
Q

describe the right to a trial by a jury

A

the accused has aright to a jury in indictable offences, they must be unbiased. they are not subject to government influence. in the commonwealth this is presented in the constitution and in Victoria the criminal procedures act 2009 (vic)

23
Q

describe the right to an impartial, fair and public hearing?

A

everyone has the right to have a qualified judge or magistrate hear their was win an unbiased manner. the hearing must be open to the public so they are transparent and so it is seen everything is done fairly.