the victorian criminal justice system.

Question 1

what is the principles of justice

Answer 1

a theory or concept based on what is good, ethical or right.
the underlying foundation of our legal system.
fairness,equality,access

Question 2

what is fairness and what are examples of it in the legal system

Answer 2

ensuring impartiality within the processes of the legal system.
parties are not favoured or not treated with discrimination
eg:
-having an impartial judge
-having the same rules and procedures of court applied to both sides
-having a jury

Question 3

what is equality and what are examples of it in the legal system

Answer 3

everyone should be given the same rights and opportunities regardless of their individual characteristics or disadvantages.
eg:
-availability of a koori court
-interpreter services
-same rules and processes applied to both parties

Question 4

what is access and what are examples of it in the legal system

Answer 4

the ability of individuals to utilise the legal system to resolve disputes in a just matter
eg:
-being able to bring a case to court
-understanding your rights in order
-being informed of the processes of a trial

Question 5

what are the two main acts that cover criminal law?

Answer 5

The Victorian Crimes Act 1958

The Victorian Summary Offences Act 1966

Question 6

what are summary offences? where are they heard an what are two examples of them

Answer 6

less serious/minor criminal offences that are heard before a magistrate

heard in the magistrates court

eg: driving offences-speeding
offensive behaviour-swearing or streaking

Question 7

what are indictable offences?where are they heard and what are two examples of them

Answer 7

serious criminal offences that are heard by a judge

heard in the county or supreme court can have committal proceedings. indictable offences can also be heard summarily

eg:
rape
murder

Question 8

burden of proof

Answer 8

the responsibility of a party to prove the facts of the case. the burden of proof lies with the party who is bringing forward the case

Question 9

standard of proof

Answer 9

the level or extent in which the prosecution must prove their case

Question 10

what is the presumption of innocence

Answer 10

every peron accused of a crime is presumed to be innocent until they have been proven guilty, pleaded guilty or coming before a court

eg:
imposing the burden of proof on the prosecution
having a high standard of proof

Question 11

the two main acts that are for australian rights

Answer 11

charter of rights and responsibilities acts 2006

international covenant on civil and political rights(1966)

Question 12

rights of the accused: the right to be tried without reasonable delay

Answer 12

def= a person who is changed with a criminal offence is entitled without discrimination, to a guarantee that he or she will be tried without unreasonable delay.

eg
the accused should be brought to court in a timely matter

within 3 months if accused committed sexual offence. And within 12 months if the accused is committed for a trial.

Question 13

rights of the accused: right to a fair hearing

Answer 13

def: entitles a person who is charged with a criminal offence the right to have the matter decided by a competent, independent and impartial court after a fair and public hearing

1) must be fair and public
2) right to have matter heard by a qualified and experienced judge

bail hearing= ability to be released back into community while waiting for their trial to commence

Question 14

rights of the accused: the right to a trial by jury

Answer 14

def: when an accused pleads not guilty to a criminal charge, they are entitled to have a jury determine their guilt in court

importance:
-have a jury ensures the judge is not the only person making the decision

• having a jury spreads the decision making process.

Question 15

what is the victims charter act(2006)

Answer 15

outlines criminal justice system and provides support services to victims of crime.

purpose is to define and recognise the rights of victims

eg:
ensuring the police communicate with victims

Question 16

right to give evidence as a vulnerable witness

Answer 16

vulnerable witness= some children, people with cognitive impairment, victims of sexual assault

definition: the right to give evidence as a vulnerable witness refers to the adjustments that court can make to ensure that ind who are considered vulnerable witnesses are able to give evidence in a less intimidating environment.

Question 17

how to determine who is vulnerable

Answer 17

to be illegible the crime committed has to be considered.

however a court may declare at any time that a witness is a protected witness. they are under 18 and have cognitive impairment.

Question 18

right to be informed about proceedings for a victim

Answer 18

right to be informed about progress and investigation into a criminal offence unless the victim requests not to.

eg
if there are no charges against the person, the reason for this
how to find out date and time of proceeding

Question 19

right to be informed about the release of the accused

Answer 19

a person who is registered on the victims list may recieve certain information on the persons whereabouts

Question 20

what is legal aid and its purpose

Answer 20

it is an independent,government funded organisation that has been created to ensure that victorians who cannot afford to pay for a private lawyer can recieve assistance

purpose: encourage a fair and accessible justice system

Question 21

what is a means test and merits test for VLA

Answer 21

means test: assessed based on clients income and weekly living assets

merit test: what benefit will the money provided have on the client

Question 22

how can VLA assist

Answer 22

online info and printed info

help via phone and webchat

face to face service

Question 23

What are community legal centres

Answer 23

Independent, non profit and community based that provide free and accessible legal centres

Funded by govt and cth

Purpose: provide free and accessible legal and related services to community and services ppl who are experiencing discrimination and disadvantage

Question 24

What are generalist clc and specialist clc?

Answer 24

Generalist: broad legal services to people in particular areas eg:melton or st kilda. Target the areas that need more service with domestic violence, drug use etc

Specialist: particular groups of people or area of low ses eg: youth services, refugees and women

Question 25

what can clc assist with?

Answer 25

Legal advice and short letters
Free legal advice without appointment
Duty lawyers for URGENT MATTERS
Eligibility requirements within criteria

Question 26

What are committal proceedings ?

Answer 26

The various steps taken in a criminal pre trial to determine whether the prosecution has sufficient evidence to support a conviction in the higher courts

Question 27

What are the purposes of a committal proceeding

Answer 27

1- determine whether the accused pleads guilty or not guilty> if believe pros has a strong case then accused may enter a plea of guilty

2- inform the accused of the case against them> accused is allowed access given by police and prosecution must disclose evidence so that accused can test strength of case

3) ensuring a fair trial> making sure prosecution disclosed case to accused giving them a chance to cross examine witnesses and put forward a case at an earlier stage

Question 28

What are the types of committal proceedings

Answer 28

1) hand up brief = collection of all of prosecutions evidence in a documentary form.( photos, reports and fingerprints) and accused should be presented with it 42 days before and a copy to magistrate

2) contested committal hearings> held if accused wants to question witnesses in hand up brief. “Mini trial”

Question 29

What are the five steps for committal proceedings

Answer 29

1- charger or summon
2- filing hearing
3- filing of hand up brief
4- committal mention hearing
5- contested committal hearing ( optional )

Question 30

What are the strengths of committals

Answer 30

1- uphold the accused to be innocent before proven guilty by forcing the prosecution to prove they have sufficient evidence

2- committals save time and recourses of higher courts by filtering out weaker cases

3- the accused has the opportunity to test strength of prosecution case eg cross examine witnesses which can inform plea

Question 31

What are the weaknesses of committals

Answer 31

1- committals can be seen as a waste of time (1.6% matters were dismissed)

2- committals are very complicated which can involve cross examining witnesses. Without the experience of legal representation the accused can find it difficult

3- committals add delay of getting the case the trial and therefore reduce the effective access to the legal system

Question 32

What is a plea negotiation?

Answer 32

Private and informal negotiation between accused and prosecution.

Takes place between anytime of accused being charged and verdict handed down

Eg: an accused may plead guilty to a charge of manslaughter in exchange of prosecution not charging with murder

Question 33

What are the outcomes of plea negotiations?

Answer 33

• accused pleads guilty to fewer charges with remaining not proceeding
• the accused pleaded guilty to lesser charges

Question 34

What are the two purposes of a plea negotiation

Answer 34

1- promoting an early plea to save cost time and stress

2- resolving a criminal case by ensuring a plea of guilty reflects the crime that was committed

Question 35

Appropriateness of plea negotiations

Answer 35

1- when accused is willing to participate in the negotiation and plead guilty

2- the likelihood of a long trial using Court Time

3- witness reluctant to give evidence

Question 36

Inappropriateness of plea negotiations

Answer 36

1- when accused doesn’t want to plead guilty

2- short trial less time consuming and cheap

3- witness willing to give evidence

Question 37

Strengths of plea negotiations x3

Answer 37

1- Save costs of a full trial and Minimises delay

2- victims/ families are saved from trauma, inconvenience and distress

3- advantages to the accused who may receive a Reduced d sentence due to early plea

Question 38

Weaknesses of plea negotiations x3

Answer 38

1- negotiations are informal and Held private. No legislation and Not reported

2- controversy arises when serious charges are downgraded. Ppl lose faith in Legal System

3- offenders who have committed serious crimes are back in community earlier.

Question 39

What is a sentence indication

Answer 39

Encourage the accused to plead guilty. An early request from accused to judge/mag as to whether accused will receive a custodial sentence or non custodial sentence if decide to plead guilty

Summary and indictable offences

Question 40

What are the three guidelines to a sentence indication

Answer 40

1- when a non custodial indication is given the accused pleads guilty and the decision is therefore binding

2- if a person pleads guilty after sentence indication it can be changed to a non custodial pentalty

3- if a sentence indication has been given and the person pleads not guilty then they must be reposted to a different judge

Question 41

What are the two purposes of sentence indications

Answer 41

1- provide accused with clarity about likely sentence imposed

2- saving the cost, time recourses stress and inconvenience

Question 42

Appropriate sentence indication vs not

Answer 42

A- when accused has agreed and applied for a sentence indication

I- does not have the accused consent of sentence indication

A- appropriate for indictable offences only if prosecution has agreed

I- summary offences and prosecution has not agreed

Question 43

Strengths of sentence Indications x3

Answer 43

1- can lead to early guilty plea- this reduces delays and back log of cases

2- can lead to trials being avoided which reduces stress and trauma of families and victims

3- more likely to be accepted in community then plea neg

Question 44

Weaknesses of sentence indications x3

Answer 44

1- in appropriate sentences can be indicated so that saving of recourses will be better for courts

2- accused may feel pressured to plead guilty rather than mag judge determine guilt through evidence

3- on early guilty plea and reduced sentences denies victims time in courts