Unit 3 AOS1

Question 1

Parties in a criminal case

Answer 1

Prosecution and defendant

Question 2

What is a summary offence

Answer 2

Least serious type of crime

Question 3

What is an Indictable offence

Answer 3

Most serious type of crime

Question 4

Differences between summary and indictable offences

Answer 4

Question 5

indictable offences heard summarily

Answer 5

-Serious offences heard as a summary offence
-Crimes classified as serious but can be heard as a summary offences
-usually capped at indictable offences which carry a maximum penalty of 10 years
-Accused and prosecution must agree to having case heard summarily

Question 6

Burden of proof

Answer 6

The party who has the responsibility of proving the facts of the case to find the accused guilty. In a criminal case this falls to the prosecution

Question 7

Standard of Proof

Answer 7

The strength of evidence needed to prove a case. In a criminal case this is beyond reasonable doubt

Question 8

Presumption of innocence

Answer 8

An accused person is to be presumed or thought of as innocent until they are proven guilty

Question 9

How is the presumption of innocence upheld

Answer 9

_Burden of proof
-right to silence
-high standard of proof
-ability to appeal
-prior convictions cannot be revealed till sentencing

Question 10

3 Rights of the accused

Answer 10

1. Right to be tried without unreasonable delay
2. Right to silence
3. Right to trial by jury

Question 11

Right to be tried without unreasonable delay

Answer 11

Means criminal trials should be held as quickly as possible. The resolution should be finalized in a timely matter not rushed but not unnecessary delayed

Question 12

Right to silence

Answer 12

Any person who is suspected of committing an offence or who is on trial for an offence is entitled to remain silent and refuse to answer question or give evidence

Question 13

Right to trial by jury

Answer 13

Every accused person who pleads NOT guilty to an indictable offence has the right to trial by jury

Question 14

3 Rights of a victim

Answer 14

1. Give evidence using alternative arrangements
2. Be informed about the proceedings
3. Be informed of the likely release date of the offender

Question 15

Right to give evidence using alternative arrangements

Answer 15

Applies to victims of sexual and family violence cases. This right allows for certain victims to give evidence using different arrangements they include:
-Use of screens
- having a support person
-using CCTV to give evidence
-Legal practitioners not in formal attire

Question 16

Right to be informed about proceedings

Answer 16

available to all victims. Victims should be informed of certain information about the proceeding, the prosecution must provide clear, timely and consistent information about proceedings, this includes some of the following:
- details of charges against the accused
-If charges are dropped why
-How to find out time and place of hearing
- outcome of proceeding
-details of any appeal

Question 17

Right to be informed of likely release date of the offender

Answer 17

Victims of Violent crimes and are on the victims register. These victims may receive information about the likely release date of the imprisoned offender

Question 18

3 Principles of justice

Answer 18

Fairness, Equality, Access

Question 19

Fairness

Answer 19

Means all People can partipate in the Justice system and its processes should be impartial and open including:
-Know the case put against them
-opportunity to prepare a defense
-use victim impact statement
-Tried without reasonable delay

Question 20

Equality

Answer 20

All people engaging in the justice system and its process should e treated in the same way including:
-Interrupters
-Changes in court process
-different form of oath

Question 21

Access

Answer 21

All people should be able to engage in the legal system and its processes on an informed basis