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Question 1

What are summary offences?

Answer 1

• they are minor offences
• they are usually heard in the Magistrates’ Court
• do not require a jury
• mainly found in the Summary Offences Act 1966
• maximum imprisonment can be 2 years for a single offence and 5 years for multiple offences

Question 2

What are examples of summary offences?

Answer 2

• disorderly conduct
• drink driving
• minor assaults

Question 3

What are indictable offences?

Answer 3

• are serious criminal offences
• usually heard in the County Court OR the Supreme Court
• usually require a judge and jury
• mainly found in the Crimes Act 1958 (Vic)

Question 4

What are examples of indictable offences?

Answer 4

• rape
• murder
• fraud
• drug offences

Question 5

When do committal proceedings occur and where?

Answer 5

Occur when an accused person is charged with an indictable offence and pleads not guilty.
- Magistrates’ Court

Question 6

What are committal hearings?

Answer 6

This is where the Magistrate will decide whether there is sufficient evidence to support a conviction at trial.

Question 7

What happens if there is sufficient evidence at the committal hearing?

Answer 7

The audience is committed to stand trial and the case is transferred to a higher court.

Question 8

What happens if there is insufficient evidence at the committal hearing?

Answer 8

The accused is discharged and allowed to go free.

Question 9

What are indictable offences heard summarily?

Answer 9

They are serious offences that can be heard in the Magistrates’ Court as if they were minor offences.

Question 10

When can indictable offences be heard summarily?

Answer 10

Can only occur if:
- The accused agrees to it
- The court agree it is appropriate
- The maximum sentence for the crime is less than 10 years

Question 11

What is the burden of proof?

Answer 11

The obligation (or responsibility) of a party to prove a case.

Question 12

Who usually holds the burden of proof in a criminal case?

Answer 12

Prosectution

Question 13

When can the burden of proof be reversed?

Answer 13

Example:
The accused is pleading self-defence or mental impairment.

Question 14

What is the standard of proof?

Answer 14

The degree or extent to which a case must be proved in court.

Question 15

To what standard of evidence should the prosecution prove to the court?

Answer 15

The prosecution must prove that the accused is beyond reasonable doubt guilty.

Question 16

What is the presumption of innocence?

Answer 16

Any person that has been accused of a crime is presumed innocent until they have been guilty in a court of law.

Question 17

What are some ways the criminal justice system upholds the Presumption of Innocence?

Answer 17

• Imposing a high standard of evidence on the prosecution
• The use of the **bail system **to allow an accused their liberty prior to the court date
• The right to silence during questioning and the trial
• Not allowing a person’s prior convictions to be revealed until their sentencing (after they have been found guilty)

Question 18

What are the THREE Rights of an Accused?

Answer 18

1. The Right to be Tried without Unreasonable Delay
2. The Right to Silence
3. The Right to a Trial by Jury

Question 19

What does The Right to be Tried without Unreasonable Delay mean?

Answer 19

If a person is charged with a criminal offence, they are entitled to have their trial heard within a timely manner and any delays that occur should be for purposes deemed reasonable.

Question 20

What does The Right to Silence mean?

Answer 20

Describes different types of prosecutions given to an accused person to not have to say or do anything. This includes:
- The right to refuse to answer any questions and not give any information during the investigation of a crime
- Not being forced to give evidence in a criminal trial, answer any questions, file any defence, or call witnesses

Question 21

What does The Right to a Trial by Jury mean?

Answer 21

For the accused to be judged by their peers, or members of the community. It also allows for community participation in the legal system, as the 12 jurors are selected randomly from the Victorian Electoral Roll.

Question 22

What are the THREE rights of the victim?

Answer 22

1. The Right to Give Evidence using Alternative Arrangements
2. The Right to be Informed about the Proceedings
3. The Right to be Informed of the Likely Release Date of the Offender

Question 23

Where can the rights of victims be found?

Answer 23

Victims’ Charter Act 2006 (Vic)

Question 24

What does The Right to Give Evidence using Alternative Arrangements mean?

Answer 24

In order for them to give quality evidence in a trial they may need alternative arrangements to make them more comfortable in a courtroom.

Question 25

What are the kind of victims that can be granted to give evidence using alternative arrangements?

Answer 25

**Such arrangements can be made for victims who have experienced:** - A **sexual offence** - A **family violence** offence - An offence for **obscene** or **threatening language in public** - An offence for **sexual exposure** in public

Question 26

What are some of the alternative arrangements that victims can receive?

Answer 26

**Some of the alternative arrangements that can be provided for a victim include:** - The witnesses may give evidence from a place other than the courtroom by means of **CCTV** - Retractable screens may be placed between the victim and accused - A **support person** may **accompany** the victim when giving evidence - The court may **limit the number of people** in the room when evidence is given - **Legal practitioners** may be required to **stay seated** when questioning the witness

Question 27

What does The Right to be Informed about the Proceedings mean?

Answer 27

**Sections 7, 8 and 9 **of the **Victims’ Charter** requires the investigating agency to **inform the victim** of the offence about any **information regarding the proceedings** at regular intervals.

Question 28

What are some examples of information a victim may receive?

Answer 28

**Some examples of information a victim may receive can include:** - **Details** of the offences **charged against the accused ** - How the victim can found out the **date, time and location** of the proceedings - The **outcome** of the criminal proceedings - Any **appeal requests** by the accused

Question 29

What does The Right to be Informed of the Likely Release Date of the Offender mean?

Answer 29

The victim is **entitled to find out** about any information regarding their **release date** from imprisonment, as well as any **parole opportunities** when they are applied for. **BUT** the person must be on the **Victims’ Register** and must be a **victim of a criminal act of violence**. The victim must also be notified **at least 14 days prior to the release date**.

Question 30

What are examples of criminal acts of violence?

Answer 30

- Rape and other sexual offences - Aggravated burglary - Kidnapping - Dangerous driving causing death or serious injury

Question 31

What is the acronym to describe the principles of justice?

Answer 31

FEA

Question 32

What does FEA stand for?

Answer 32

**F**airness **E**quality **A**ccess

Question 33

What does fairness mean in the PoJs?

Answer 33

All people can **participate** in the justice system, and its processes should be **impartial** and **open**.

Question 34

What are the THREE broad features of fairness in the PoJs?

Answer 34

**1. Impartial processes** Relates to the judges, magistrates, jury members and all court personnel being independent and objective **2. Open processes** Ensures that the institutions and people who administer justice can be held accountable for their actions and decisions **3. Participation** Primarily relates to the accused, but can apply to victims, and their ability to be actively involved in their case

Question 35

What does equality mean in the PoJs?

Answer 35

All people **engaging** with the justice system and its processes should be **treated in the same way**. If the same treatment shows **disadvantage**, **adequate measures** should be **implemented** to counter this disparity.

Question 36

What are the TWO broad features of equality in the PoJs?

Answer 36

**1. Same treatment** Known as ‘formal equality’ and refers to when everyone is treated in the same way regardless of personnel characteristics **2. Different treatment** Known as ‘substantive quality’ and exists for those who would experience disadvantage if they were treated in the same way as everyone else, so special measures are needed

Question 37

What does access mean in the PoJs?

Answer 37

All people should be able to **engage** with the justice system and its processes on an **informed basis**.

Question 38

What are the TWO broad features of access in the PoJs?

Answer 38

**1. Engagement** Refers to the ability for people to use and participate within the justice system. This can include physical access, technological access and/or financial access **2. Informed bias** People should be able to engage in the justice system on an informed basis, meaning they should understand their legal rights, and be provided with enough information to make a reasoned decision

Question 39

What is Victoria Legal Aid (VLA)?

Answer 39

Provides **free legal information** to the **community**, and legal advice and legal representation for people **who cannot afford** a lawyer.

Question 40

What are the types of assistance that the accused receives from VLA?

Answer 40

- free legal information - free legal advice - duty lawyer services - grants of legal service **Income test** - the test applied by VLA to determine whether a duty lawyer can represent an accused. The test is satisfied when the accused can **show they have limited income** **Means test** - the test applied by VLA to determine whether an applicant qualifies for legal assistance or representation in court (beyond a duty lawyer). It takes into account the applicant’s **income, assets and expenses**

Question 41

What are the types of assistance that victims receive from VLA?

Answer 41

- free legal information - free legal advice - duty lawyer services - grants of legal assistance

Question 42

What are Community Legal Centres (CLC)?

Answer 42

**Independent organisations** that provide free legal services to people who **may not be able to access** it. There are approximately **46 CLCs** in Victoria. They also have a **working relationship with VLA** to ensure that people are getting legal support.

Question 43

What are the TWO types of CLCs?

Answer 43

**1. Generalist CLCs** Provide broad legal services to a particular geographical area **2. Specialist CLCs** Focus on a specific group of people or area of law

Question 44

What are the roles of CLCs?

Answer 44

- Provide accused people with **information**, legal advice and **ongoing assistance** in a case - Provide legal education to the **community** so they **understand their rights** - **Advocates to changes** to the justice system to address **unfair laws** or **practices**

Question 45

What are the types of assistance that the accused receives from CLCs?

Answer 45

- basic legal information - legal advice and assistance - ongoing casework

Question 46

What is the eligibility of CLCs?

Answer 46

**They generally consider the following factors:** - The type of legal matter the person **needs help with ** - Whether **other assistance is available** (such as through VLA) - Whether the person **has a good chance of success ** - Whether the CLC is **available to assist**

Question 47

What are the types of assistance that victims receive from CLCs?

Answer 47

- basic legal information - legal advice and assistance - duty lawyer services - ongoing casework

Question 48

What are plea negotiations?

Answer 48

Are discussions that take place **between the prosecutor and the accused** about the charges against the accused. **Victim’s views may be taken into account** but they do not have a say in whether the negotiations occur.

Question 49

What are the purposes of plea negotiations?

Answer 49

**1. To ensure certainty of the outcome of a criminal case** This reduces the risk of acquittal and ensures that a plea of guilty is reached immediately. **2. To save on costs, time and resources** If a plea negotiation is successful then it does not need to proceed to a full trial and saves court resources. **3. To achieve a prompt resolution to a criminal case without the stress, trauma and inconvenience of a criminal trial** This can help the victims and witnesses begin to move on from what has occurred.

Question 50

What are some factors that prove the appropriateness for plea negotiations?

Answer 50

- Whether the accused is **willing to cooperate** - The **strength of the evidence** (of both parties) - Whether the accused is **willing to plead guilty** - Whether the accused is **legally represented** - Whether witnesses are **reluctant to give evidence** - The possible adverse consequences of a full trial - The **time and expenses** involved in a trial - The views of the victim

Question 51

What are the strengths of plea negotiations?

Answer 51

- prosecutor will consult with victims and may take their views into consideration when deciding whether to negotiate with an accused - provide substantial benefits to the community by saving the cost of a full trial or hearing

Question 52

What are the weaknesses of plea negotiations?

Answer 52

- victims do not have a 'final say' on whether a prosecutor negotiates with the accused - a self-represented party may feel pressured into accepting a deal even if the evidence is not strong