SAC 1B court hierarchy etc

Question 1

What is the Victorian court hierarchy

Answer 1

A ranking of courts in order from inferior to superior

Each state has its own court hierarchy and jurisdiction

Jurisdiction = legal authority to hear particular cases

Question 2

What are the two jurisdictions of the courts

Answer 2

Original: ability of courts to hear and determine a matter for the first time

Appellate: ability of the court to hear matters on appeal
Appeal must be granted for a sufficient reason

Question 3

What are the two reasons for a court hierarchy

Answer 3

Specialisation: developing expertise or very thorough knowledge in a particular area. Due to each court having a different jurisdiction the judges have to have specific expertise

Appeals: ability to have your case heard for a second time by a more superior judge

Question 4

What are the two specialist court

Answer 4

Koori court: must plead guilty to attend. Indigenous and Torres Strait islander people only. Allowed to have elders and family attend

Children’s court: has criminal and family division. Hears and determines both summary and indictable offences from 10 years old to 18 years old

Question 5

what is the judge and their roles

Answer 5

the judge is a legally experienced individual who has been appointed by council to administer the law in cases

roles:
- must remain impartial and unbiased
- ensure law is applied correctly
- judge can assist and direct for duty lawyer
- not allowed to intervene unnecessarily

Question 6

responsibilities of a judge x4

Answer 6

manage the trial- ensure correct procedures is followed so that both parties have equal opportunity to present their case

deciding on admissiblity of evidence- a judge can decide what type of evidence is admitted

attend jury matters - if jury have questions during trial they can ask judge through foreperson

handing down a sentence- in a criminal case where accused has been found guilty, the judge decides the appropriate sanction.

Question 7

what is the jury and its roles

Answer 7

the jury is members of the community that are randomly selected from the victorian electoral roll. there are 12 jurors

roles:
- remain impartial and unbiased
- listen to evidence
- apply the law
- make decisions based upon community values and standards

Question 8

what are the responsibilities of a jury

Answer 8

listen to all evidence and submissions from both parties- juries must listen to prosecution and accused evidence without bias

listen to the judge to explain the law- jury must accept and apply the judges directions of the law

decide questions of fact- jury is decider of facts

reach and deliver a verdict- jury will retire to a room. where all jurors come to an agreement based on standard of proof

Question 9

what are the parties and what are their roles

Answer 9

prosecution= party bringing the criminal case to court
accused = person who has been charged with a criminal offence

roles:
to manage and control their case. depending on who the parties are, they have different responsibilties

Question 10

what are the parties responsibilities

Answer 10

entering a plea- option of entering an early guilty plea. if plea not guilty they have a legal representation

presentopening/closing address- when trial begins the prosecution must give a statement to the jury that outlines what the accused has been charged with

Question 11

what are legal practitioners and what is their role

Answer 11

individuals who have been professionally trained, qualified and are experienced in understanding rules and procedures of court

roles:
prepare and conduct the case
various laws and duties to impose

Question 12

what are the responsibilites of legal practitioners

Answer 12

preparing and presenting case- need to be familiar with case and presenting it in best interest of client

complying with duty of court- must act ethically and with accordance of law even if its going against clients instruction

Question 13

what is a sanction?

Answer 13

a sanction is a penalty that is handed down by a court for someone who is found guilty of breaching criminal law

eg:
fine or imprisonment

Question 14

what are the five purposes of sanctions

Answer 14

punishment
protection
deterrence
denunciation
rehabilitation

Question 15

punishment

Answer 15

intending to inflict some kind of loss or burden on the offender given the circumstances of the crime committed.

eg: financial loss

Question 16

protection

Answer 16

protection of the community against the offender

eg: removing offender from community through imprisonment

Question 17

deterrence

Answer 17

attempt to discourage the offender from reoffending and those within the community to commit the same crime

general deterrence= dissuade the general public from committing crimes

specific deterrence= dissaude the offender from reoffending

Question 18

denunciation

Answer 18

demonstrate disapproval or condemn the actions of the offender.

show the community that what they did was wrong and inexcusable

Question 19

rehabilitation

Answer 19

attempt to address the underlying reasons for the offender committing the offence.

Question 20

what are the hierarchy of sanctions

Answer 20

1- fine
2- cco
3- imprisonment

Question 21

community corrections order

Answer 21

definition= a flexible sentencing order that is given to a guilty offender which entitles them to remain in the community whilst complying with certain conditions.

can be used as an addition of a fine or imprisonment

legislation:
sentencing act

when are they used:

wide range of offending behaviours
theft-27.5%
burglary-6.6%

Question 22

conditions of ccos

Answer 22

basic conditions:
- not reoffending
- not leaving victoria
- reporting to cco

optional conditions:
- undertaking medical treatment
- be supervised monitors

Question 23

what is imprisonment

Answer 23

the most serious sanction whereby the offender is removed from society and held in custody for a defined period of time

Question 24

types of imprisonment sentences

Answer 24

concurrent= the offender has committed more than one offence.

cumulative sentence= usually applied for most serious offences and if offender has long history of offending

standard sentences= 40% of the maximum sentences. for less serious offences

Question 25

mitigating factors and examples

Answer 25

evidence about the offender or the circumstances of the crime which may reduce the severity of the criminal act

examples:
the offenders age
a persons disadvantaged backround
the offenders previous good character
the likely effects of prison on the offender

Question 26

aggravating factors and examples

Answer 26

evidence, facts or circumstances about an offender that can lead to more severe sentences.

examples:
- the use of violence or weapons when committing the crime
- the nature or gravity of the offence
- the victims vulnerability
- the offence was motivated by malice eg: hatred
- breach of trust
- the offence occurred whilst on cco or bail

Question 27

what is a guilty plea

Answer 27

when accused admits involvement in the offence and therefore avoids a full trial

seen as a mitigating factor

considered a sign of remorse
save the community time and costs
reduce delays in court systems

Question 28

victim impact statement

Answer 28

a written statement filed with the court by the victim of crime that is considered by the judge when sentencing the offender

Question 29

cost as a limiting factor

Answer 29

very expensive and therefore limits the ability of many people to use it fairly

legal advice and representation are the main cost

dont just arise in court room eg: interviewing witnesses

Question 30

cost factors and poj

Answer 30

limit fairness:
-if accused cant properly participate in a hearing it may lead to an unfair process
- use of an inexperienced cheap lawyer may result in procedural unfairness eg. making mistakes with the law

limit equality:
- if parties cannot afford legal representation they are at risk of not being treated equal before the law

• accused may not be able to participate in plea negotiations or sentence discount

limit access:
- if cant afford may have trouble accessing courts and processes used to determine charges

• accused will have less access and knowledge than a person who is well representend

Question 31

time delays

Answer 31

accessing legal system is a lengthy process
can occur as a result of recources, plea negotiations or delivery of a brief

Question 32

delays and poj

Answer 32

limit fairness:
- may result in trauma with unnecessary hardhips for victims and families

• long delays can affect evidence

limit equality:
- delays can put most vulnerable at risk. therefore may not ne treated equally before the law

• further financially disadvantage a person held in remand for too long

limit access:
- the greater wait the less the courts become accessible to parties

• delays can enhance trauma and stress felt by parties

Question 33

cultural factors

Answer 33

migrants and first nations people

complex legal system
main language is english

language barriers
cultural norms
different laws
women and the law

Question 34

cultural factors and poj

Answer 34

limit fairness:
-come from countries with a different legal system so have difficulty understanding australias
- language differences can casue misunderstandings

limit equality:
- migrants may not understand the recources available to them with the legal system

• cultural differences means its more difficult for them to present their case

limit access:
- may have a fear of police which can limit ability to access recources to assist them in community

Question 35

what a reforms?

Answer 35

changes that have been implemented within a system in order to improve its effectiveness

Question 36

client priority and capacity policy VLA 2019

Answer 36

what is the reform?

help improve the way in which vla offers services and support to those who need them, therefore improving the system.

how will it operate?

1. priority characteristics are relevent to the individual
2. their capacity to understand and address the legal problem
3. context and characteristics of the legal problem the individual presents with

Question 37

new justice centre in melbourne cbd

Answer 37

what is the reform?
in april 2019 the new justice centre was opened in the aim of improving access to legal services

how will it operate?

• sheriff payments
• submit birth,death,marriage applications
• provide court ordered supervision treatment
• attend parole hearings

Question 38

reccomended reform

Answer 38

suggested changes to the criminal justice system that have not occured

Question 39

reform of prisons systems within victoria

Answer 39

reccomendation:
campaigned to change the prison system including providing more focus from security of prisons to including welfare for prisoners

how will it operate?:

plans to use 93.2million to use to help with the rehabilitation of offenders to reduce the levels of recidivism and improve bail access