The Victorian Criminal Justice System SAC 1A

Question 1

The principles of justice

Answer 1

A theory or concept based on what is good, ethical or right
The underlying foundation of the legal system
Principles: fairness, equality and access

Question 2

Justice

Answer 2

A concept that is morally accepted as just, and is a desired outcome.
What is considered just changes as society changes.
Maintains social cohesion

Question 3

Fairness

Answer 3

ensuring impartiality within the legal system so no parties are favored or treated with discrimination.
SYNONYMS:
unbiased, independent.

Question 4

Equality

Answer 4

everyone should be given same rights and opportunities regardless or their individual characteristics or disadvantages.
Individual factors should not impact upon the outcome of their case
SYNONYMS:
same, alike opportunity
EG - The Koori court

Question 5

Access

Answer 5

ability of individuals to utilize the legal system to resolve disputes as a just manner
EG - Bringing a case to court

Question 6

What are the two mains pieces of legislation that cover Criminal law?

Answer 6

• The Victorian Crimes Act 1958
• The Victorian Summary Offences Act 1966

Question 7

Summary Offences
Definition

Answer 7

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

Question 8

Examples of a summary offence

Answer 8

Driving offences - speeding
Assault- MINOR
Property damage

Question 9

Indictable Offences
Definition

Answer 9

serious criminal offences heard by a judge (and jury if accused pleads NOT guilty)

Question 10

For an indictable case to be heard summarily what are the conditions?

Answer 10

• the maximum prison sentence must be of 10 years or less
• no more than 1200 penalty units as fine
• the court MUST grant permission
• the accused must agree
  EG. theft assault

Question 11

The burden of proof

Answer 11

responsibility or onus of a party to prove the facts of the case
In criminal matters, the burden of proof lies on the prosecution.

Question 12

The standard of proof

Answer 12

level or extent in which a party must prove their case.
criminal - beyond reasonable doubt

Question 13

The presumption of innocence

Answer 13

every person accused of a crime is presumed to be innocent, until they have gone before a court and be found guilty OR have pleaded guilty.

Legislations-
The Treaty on International Covenant on Civil and Political Rights Act
The Charter of Rights and Responsibilities Act 2006 (Vic)

Question 14

Magistrates court maximum sentence imposed
(Reasoning why people want indictable heard summarily)

Answer 14

5yrs imprionment.

Question 15

What Acts/Treaties uphold human right in Aus

Answer 15

Charter of Rights and Responsibilities Act 2006 (Vic)
International Covenant on Civil and Political Rights

Question 16

Three rights of the accused

Answer 16

The right to be tried without unreasonable delay
The right to a fair hearing
The right to trial by jury

Question 17

The right to be tried without unreasonable delay

Answer 17

acc is entitled to a guarantee that they will be tired without unreasonable delay.
The Charter of Rights and Responsibilities Act 2006 (Vic) requires a person who is arrested/detained to be promptly brought before the court without unreasonable delay.
EXAMPLES-
The Criminal Procedures Act 2009 (Vic) sets time limits for the start of trials eg. sexual offence 3 months from day accused is committed, or 12 months for any other

Question 18

The right to a fair hearing

Answer 18

Right to have the matter decided by a competent, indep, and impartial court after a fair and public hearing.
Charter of R&R Act = a competent, indep and impartial court must decide for every charger. Qualified and experienced mag/judge in an unbiased and objective manner.
Fair & public hearing.

EG- BAIL HEARING
able to make a bail application to potentially be released on bail

Question 19

Bail hearing in ref to right to a fair hearing

Answer 19

accused is able to make a bail application to determine if granted to be released into community with conditions.
protects right to be treated fairly and w/o bias.

Question 20

The right to a trial by jury

Answer 20

accused MUST plea NOT GUILTY, then entitled to have jury determine their guilt.
Protected under Aus Const.
S80 - any person Cth indic off is entitled to trial by jury.
Criminal Procedures Act

Jury - community indep imartial memebrs - POJ

Question 21

Three rights for Victims

Answer 21

The right to give evidence as a vulnerable witness
The right to be informed about proceedings
The right to be informed about the likely release date of the accused

Question 22

Core legislation for Victims’ rights
What does it involve

Answer 22

The Victims Charter Act 2006 (Vic)
Ensuring the police communicating w victims about the progress of the case.

Question 23

The right to give evidence as vulnerable witness

Answer 23

vulnerable witness - children, cognitive impairment, victims of sexual assault/ family violence.
1) CONSIDER CRIME
- sexual offence, family violence, sexual exposure, public behavior that is obscene or threatening.
2) DET IF VULNERBALE

what does this mean? eligible for alternate arrangements as a vulnerable witness.

Criminal procedure Act 2009 (vic) provision of alternative arrangements in CONS CRIME CASES
Give evidence in a location other than courtroom via CCTV
Use screens to remove the accused from the line of site

Question 24

The right to be informed about proceedings

Answer 24

S8 of Vic Charter Act 2006, a victim has the right to be informed at reasonable intervals about the progress and investigation into a crim offence, unless REQUESTS to not be.

informed about
-charges against the person acc of the crim off
- no charges against the person, the reasoning
- how to find date, time and place of the hearing and charges
-details of an appeal

Question 25

The right to be informed about the likely release of the accused

Answer 25

registered on the VIc register may receive certain info about the offender who is imprisoned incl release date and if relevant their release on parole. INFO MUST BE PROVIDED 14dayS BEFORE RELEASE DATE. - the length of the offender's sentence -earliest possible release date -change to the length of the offender's sentence

Question 26

What is VLA

Answer 26

- indep, govt-funded organization. established so those who X afford private lawyer can receive legal assistance. -encourage fair and accessible justice system

Question 27

VLA- Who receives assistance Name the two tests

Answer 27

Anyone can apply for legal aid through online application. Eligibility is det by means test and merits test

Question 28

VLA - Merits test

Answer 28

what benefit will the grant have on the client, com or a particular section of the com, what detriment will refusal of a service have on the indiv, or com

Question 29

VLA - Merits test

Answer 29

this is assessed based on the client's income, existing assets and weekly living expenses

Question 30

How can VLA assist?

Answer 30

Low-level: -online and printed info website has find legal answers where look up info ( MINOR OFF fines, infringements, traffic offences) - phone or webchat - free helpine - face to face info - duty lawyers avaliabe at various courts in order to provide free legal adivce, info and rep. DO NOT rep everyone - prioritized based on seriousness - in custody or at risk of going into custody, family violence, child protection.

Question 31

Community legal centres

Answer 31

an indep non for profit community based center that provides free and accessible legal aid related services funded by cth and vic govt, VLA and local councils free and acc IF experiencing discrimination or disadvantage

Question 32

Generalist CLC

Answer 32

broad legal services to people in a part geo area of LGA - certain suburbs may have increased demands eg high crime rates or drug use

Question 33

Specialist CLC

Answer 33

focus on a particular group of people OR area of law - eg Womens Legal Service

Question 34

how do CLCs assist

Answer 34

- basic legal info - legal advice, completing forms, letters to landlords, phone advice, applications - ? legal rep IF urgent ( unlikely)

Question 35

committal proceedings

Answer 35

various steps used to det if prosecution has suff evid to gain conviction - crim proc act 2009 vic = heard in mag if indictable off and plead notguilty

Question 36

4 purposes of committal proceedings

Answer 36

1 det wheter acc plead guilty or notguilty : acc enter plea, if guilty may go forward if strong case 2 inform the acc of the case against them acc has access to all evidence collected by police, disclose evidence so has access to strength of case hence can prepare 3 ensure a fair trial b/c case evid is disclosed the acc can hear read evid and cross=examine evidence so put forward case 4 det whether should be heard summarily before mag if pros agree and eligable may be heard in mag crt

Question 37

hand-up brief (committal proceedings)

Answer 37

collection of the prosecutions evidence in documentary form, acc must be given before 42 days of hearing. evid is reviewed by mag

Question 38

contested committal hearing

Answer 38

only held if acc wants to question witness in handup brief ( contest evid) question cred

Question 39

strengths of committals

Answer 39

- upholds acc right to presumption of innocence b/c pros forced to prove they have suff evid - enables accused to prepare for trial by seeing evid against them -saves time and money by filtering out weak cases - acc has opp to test strength of pros case, by cross examing which may influence plea

Question 40

weakness of committals

Answer 40

- waste of time b/c only 1.6% of cases have been dismissed since 2013 and DPP has power to overide and push to trial - costs for legal rep = expensive - add to delays of case to trial, avg committal length = 8 months, may reduce access - contribute to stress and truma of acc, victims and fmaily

Question 41

plea negotiations

Answer 41

private and informal negotiation between the accused and the prosecution that may take place any time b/w being charged and verdict. involves discussions about appropriate charges, reliability of evidence, and likely sentencing if plea of guilty. likely leads too: - accused pleads guilty to FEWER offences - accused pleads guilty to LESSER offences

Question 42

purposes of plea neg

Answer 42

1. promoting an early plea to sbae time, costs and stress/ early guilty plea from the accused can lead to X trial, t/f decreased costs and time for acc, witnesses and victims 2. Resolving acriminal case by ensuring a plea of guilty reflects the crime ensures the acc neg for lesser charges, that they still reflect the gravity of the orig offence

Question 43

strengths of plea neg

Answer 43

neg saves costs of a full trial and minimises delays victims/ fmaily saved of truma / distress of trial advantages to the accused who may recieve a decreased sentence

Question 44

weakness of plea neg

Answer 44

plea neg lack transparency as informal and held privately, X review/ report AND no leg self-rep indiv may feel pressured into accepting deal even if evid is X strong victim X recieve opp to testify

Question 45

sentence indicatons what do they do

Answer 45

encourage the acc to plea guilty early. A request is from acc to judge/man to ? whether acc will recieve cusotdial or non-custodial sentence if plead guilty. - regulated by legislation both summary and indic off only one SI can occour UNLESS pros agrees

Question 46

guidelines for SI

Answer 46

under Crim Proc ACt 2009: - if non custodial indic given and acc pleads guilty ( accepts indic), this is binding so judge X give custodial - if guilty to custodial CAN be chnaged to noncustodial sentence at later hearing. - if SI is given and acc pleads NOT guilty case mist be relisted with another judge = impartiality

Question 47

purposes of SI

Answer 47

1. PROVIDE ACC W CLARITY OF LIKELY IMPOSED SENTENCE - SI may provide the acc w info re sentence so can make descion re early guilty plea to aleviate fear of custodial sentence 2. SAVE TIME, COST , RESOURCES, STRESS, AND INCONVENIENCE - if accused = aware of sent --> early guilty plea which may avoid trial, saving courts time , money and resources, stress/truma for victims/ acc family bring closure for involved

Question 48

Strengths of SI

Answer 48

Early guilty plea, decrease delay and back long of crt avoid trial = decrease stress, truma and money and resources Acc = certainty abt sentence in crt = transparency

Question 49

Weakness of SI

Answer 49

ineffectual if DPP appeal sentence to higher crt Priority = crt efficiency X victims, def, public Prevents victims from having day in court