Unit 3 AOS 1 Flashcards
Summary offence
A minor offence that is generally heard in the magistrates court, the maximum sentence is less that 2 years imprisonment.
Indictable offences heard summarily
An indictable offence that is instead heard in the magistrates court if both parties agree, which uses a simplified process. Penalties for indictable offences heard summarily are typically lower that when they are heard in a higher court.
Indictable offence
A serious offence generally heard in the county or supreme court in front of a judge and jury
Burden of proof
The responsibility to prove the elements of the case, held by the prosecution
Standard of proof
The level of evidence required to prove the case beyond reasonable doubt
Presumption of innocence
The understanding that the accused is innocent until proven otherwise
Ways that the legal system upholds the presumption of innocence
Right to silence
Three rights of the accused
Right to trial without unreasonable delay
Right to silence
Right to trial by jury
Right to trial without unreasonable delay
The accused is entitled to have their charges heard in a timely manner and delays should only occur if they are considered reasonable.
Right to silence
A person who has committed a crime or is suspected to have committed a crime is entitled to remain silent when questioned by police or during their trial, and this cannot be interpreted negatively against them
Right to trial by jury
A person charged with an indictable offence in entitled to be tried by their peers. This doesn’t apply for summary offences.
Three rights of victims
Alternative arrangements
Right to be informed of proceedings
Right to be informed of likely release date
Alternative arrangements
If a victim is a witness to a sex or family violence crime and is giving evidence in court in support of the prosecution’s case, they may be eligible to have alternative arrangements like giving evidence via video call, having a screen up so they do not see the offender, and having the lawyers wear casual clothes.
Right to be informed of proceedings + what does it involve
Victims who are adversely affected by a crime have the right to be provided information about any criminal proceedings related to that crime.
Includes:
Rights to support services
Legal assistance and possible compensation
The progress of the investigation
Charges laid
Details of the trial
Outcome of any proceeding
Right to be informed of likely release date
For victims of a criminal act of violence, they can apply to be on the victims register. This sends information to a victim related to the offenders likely release date, any release on parole, if they have escaped from prison and the right to make a submission on the parole board.
Fairness
All people can participate in the justice system and it’s processes should be impartial and open
Equality
All people engaging in the justice system and its processes should be treated in the same way, and if the same treatment causes disparity or disadvantage, adequate measures should be implemented to allow all to engage without disparity, disadvantage to achieve the same outcome.
Access
All people should be able to engage in the justice system and its processes on an informed basis.
How do the parties achieve access
The parties opening and closing statements to the jury help the to be informed
When are plea negotiations inappropriate
If the accused is not willing to plead guilty or if the accused is self-represented
Original jurisdiction of the magistrates court
Summary offences, indictable offences heard summarily, committal proceedings, bail applications and warrant applications
Appellate jurisdiction of the magistrates court
None
Original jurisdiction of the Supreme Court (trial division)
Most serious indictable offences
e.g. murder, manslaughter, corporate offences
Appellate jurisdiction of the Supreme Court (trial division)
From the magistrates court on points of law
