U3 AOS1: Key Concepts Flashcards Preview

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Flashcards in U3 AOS1: Key Concepts Deck (16)
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1

What are the principles of justice?

Fairness
Equality
Access

2

Fairness

The right to a fair process & a fair hearing free from bias and impartial (The parties in the legal case should have to opportunity to present their case and know the facts of the case.

3

Equality

Individuals shall stand equal before the law regardless of their race, gender, power ect with the same opportunities without advantage or disadvantage.

4

Access

All individuals should be able to access legal services, know their legal rights and be able to pursue their case.

5

Summary offences VS indictable offences

Summary: A minor offence generally heard in the magistrates court. For example: Drink driving, minor assaults

Indictable: A serious offence generally heard before a judge and jury in the county / Supreme Court

Indictable offences heard summarily:
Indictable offences, but can be heard in the Magistrate c court if summary offences. (Criminal Procedure Act 2009: states indictable offences punishable by imprisonment of 10 years or less can be heard summarily)

6

Burden of proof

The responsibility of the party (prosecution) to prove the facts of the case.

7

Standard of proof

The degree or extent in which a case must be proved in court beyond reasonable doubt

8

Presumption of innocence

The right of the person accuses to be presumed not guilty unless proven otherwise

9

Rights of the accused

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

10

Right to be tried without unreasonable delay

Human Rights Charter states that an accused person is entitled without discrimination (regardless of history) to a guarantee that he / she will be tried in a timely manner without unreasonable delay.

11

Right to a fair hearing

Human Rights Charter entitles a person charged with a criminal offence to have charge decide by a competent, impartial and independent court after a fair and public hearing

12

Right to a trial by jury

Provides the opportunity for the participation in the legal process and for law to be applied according to community standards.

13

Rights of the victim

Right to give evidence as a vulnerable witness
Right to be informed about legal proceedings
Right to be informed of likely release fo the accused

14

Right to give evidence as a vulnerable witness

Evidence Act: Vulnerable witness: A person who is required to give evidence in a criminal case and is considered vulnerable or at risk, thus are able to give evidence by alternative means via cctv footage, video, ect

Ensures witnesses are protected from unnecessary contact with the accused

(Sexual assault, family violence ect.)

15

Right to be informed about legal proceedings

Victim's Charter section 7,8 and 9 recognises that persons adversely affected by crime are entitled to certain information regarding the proceeding and the criminal justice system.

-Details of the offences charged
- If no offence is charged, why
- Details of any appeal
ect

Victim must also be told that they're entitles to attend any court hearings

16

Right to be informed of likely release fo the accused

Section 17 of Victims Charter A person who is a victim of a criminal act of violence may apply to be included of the Victims Register (rape, other sexual offences kidnapping, stalking, ect ) and may receive certain information about the offender imprisoned (likely release, parole ect)

Must be noticed within 14 days before release.