Unit 3: Area of Study 1 - The Victorian Criminal Justice System Flashcards

Question

Examples of Indictable Offences Heard Summarily (List 2)

Answer 1

- Theft - Robbery - Burglary under $100,000

Answer 2

- Fines | - Short Terms of imprisonment

Answer 3

Is the party in a case who has the responsibility to prove the guilt of the Accused

Answer 4

The Prosecution

Answer 5

Is the level of confidence in the evidence of the case that is required

Answer 6

Beyond a Reasonable Doubt

Answer 7

Beyond a Reasonable Doubt means that the decision must be free from all reasonable doubts. All (or most) Jurors must agree that the Standard of Proof is Beyond a Reasonable Doubt

Answer 8

Is how all Accused persons are assumed innocent until or if they are proven guilty

Answer 9

- The Accused having the Right to Silence | - The Burden of Proof resting with the Prosecution

Answer 10

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

Answer 11

Is how all accused have the right to have their matter heard within a reasonable timeframe

Answer 12

Sections 21 and 25 of the Victorian Charter of Human Rights

Answer 13

- "Justice too long delayed is justice denied" | - Witnesses may forget key information due to the length between the incident and the Hearing/Trial

Answer 14

Is how the Accused has the right to have their case heard by a competent, independent and impartial Court

Answer 15

Section 24 of the Victorian Charter of Human Rights

Answer 16

Is how under the Criminal Procedure Act, a trial by Jury must take place if the Accused has pleaded Not Guilty

Answer 17

The Australian Constitution and Victorian Statute Law

Answer 18

- Quicker Resolution: The right to be tried without unreasonable delay upholds Fairness as the Accused people/s or victim/s do not have to endure prolonged anxiety and stress of waiting for the resolution of their case - Fair Trial: The right to a fair trial upholds fairness as Accused persons are given the best possible opportunity to defend charges against them and test the accuracy of evidence presented by the Prosecution, for victims to have their say and for legal representatives to build the best case for their clients - Unbiased: The right to a fair hearing ensures decisions are based on the law and the facts, not on bias or prejudice

Answer 19

- Minimises Delays: The right to be tried without unreasonable delay upholds Equality as all Accused persons, irrespective of the circumstances of their case, the crime they are accused of or their personal characteristics, will not have to endure unreasonable delays - Same Process for all Accused: The right to a fair hearing upholds Equality as the same fundamental rules of evidence and procedure apply for all Accused persons - Jury Trials: Equality is achieved as all Accused persons have the right to be tried by a Jury of their peers if they have been accused of an Indictable Offence, regardless of their personal circumstances

Answer 20

- Timely: The right to be tried without unreasonable delay upholds Access because if cases are resolved in a timely manner, case backlogs may be relieved, enabling other matters to move through the Criminal Justice System more swiftly - Just Outcome: The right to a fair hearing upholds Access as Accused persons are given the best possible chance to achieve a just outcome - Community Involvement: The right to trial by jury upholds Access as members of the public are able to engage with and participate in the Criminal Justice System, all Accused persons may access Jury trial, as the state bears the cost

Answer 21

- The Right to give Evidence as a Vulnerable Witness - The Right to be Informed about Proceedings - The Right to be Informed of the Likely Release Date of the Accused

Answer 22

Is a person who is under the age of 18, suffers from a mental disability, is an alleged victim of a sexual offence or is an alleged victim of family violence

Answer 23

Is a database that is maintained by the state of Victoria to provide the victims of violent crimes with relevant information about prisoners whilst they are in prison

Answer 24

Is how certain victims who are witnesses to a crime may be entitled to be vulnerable and therefore able to give evidence to the Court in alternative ways

Answer 25

- The Witness can give evidence from another location via CCTV - Screens can be erected so that the Witness cannot see the accused in the Courtroom - The Court may approve a 'support person' to sit beside the Witness

Answer 26

Provisions of the Criminal Procedure Act and the Evidence Act

Answer 27

Is how the Police and OPP must inform the Victim about their rights to support services ad the progress of the investigation. Once the Prosecution has started, they must inform the Victim of any charges and how they can find out details of the trial, including the outcome

Answer 28

Sections 7, 8, 9 of the Victims' Charter

Answer 29

If a person is a Victim of a criminal act of violence and are on the Victims' Register, they may receive information about the likely release date of the prisoner

Answer 30

Section 17 of the Victims' Charter

Answer 31

Is the supervised and conditional release of a prisoner after a minimum prison term has been sentenced

Answer 32

- The length of the Offender's sentence - Earliest Parole date - Changes to the length of the Offender's sentence - Escape from Prison - Offender's death during Prison

Answer 33

- Victorian Legal Aid (VLA) | - Community Legal Centres (CLC's)

Answer 34

Is a Government agency which provides free legal advice and information regarding a range of legal matters at low or no cost

Answer 35

Is a Lawyer that gives advice (and sometimes representation) at the Magistrates' and/or Children's Court for minor matters

Answer 36

Is a test which assess the applicant's income, assets and expenses to see if they qualify for assistance

Answer 37

Is a test to see whether the applicant's income is low enough to qualify for assistance

Answer 38

- Provide free legal information - Provide free legal advice for eligible people such as the disabled, homeless, under 18 and that do not have enough money - Provide a Duty Lawyer - Undertakes Income Tests - Undertakes Means Tests

Answer 39

- VLA's eligibility criteria for a grant of legal assistance/legal representation ensure those most at risk of a serious sanction are at least able to afford a private lawyer and are provided with legal representation - The provision of Duty Lawyers in the Magistrates' Court provides advice and assistance to some Accused persons, ensuring a Fairer hearing for those individuals

Answer 40

- VLA's strict eligibility criteria and a very tight budget means it is only able to provide legal advice and representation to a small number of Accused persons, many Accused persons charged with Criminal Offences do not meet VLA's eligibility criteria but cannot afford a private Lawyer; as a result, VLA is limited in its ability to ensure Fairness across the Criminal Justice System - Duty lawyers are not available to all accused persons in the Magistrates' Court

Answer 41

- VLA's eligibility criteria ensure legal support is provided to those most in need regardless of their personal characteristics such as race, religion, gender etc. This promotes Equality in the administration of Justice - All members of society regardless of their personal characteristics such as wealth, religion etc. can access all of VLA's published information

Answer 42

- The strict eligibility criteria for legal assistance means that many accused persons are unable to get support from VLA and are therefore unrepresented. VLA can only represent the very poor since the rich can get their own personal Lawyers. The people in the middle may need to represent themselves since they don't fit in the criteria

Answer 43

VLA publishes free information about Criminal Proceedings and the Court System, improving many Accused Persons' understandings of the Legal System and how to defend the alleged charges

Answer 44

- Information published by VLA about the Legal System is general and limited to some disputes. Because of this, it promotes the understanding of the Legal System for only some Accused Persons - A lot of VLA's information about the Criminal Justice System is provided online; those with low incomes, the homeless or the elderly may not have access to a device that is connected to internet and because of this, they cannot get any legal advice

Answer 45

Community Legal Centres are independent community organisations that provide free legal services to the public

Answer 46

- Provides basic information (mostly online) - Provides initial Legal advice in the Centre or over the phone - Provides Duty Lawyers at the Court for urgent matters

Answer 47

Even though the information that is provided by CLC'S is limited, as an accused person who has sought advice from a CLC is in a better position to present their Defence in its best light, promoting Fairness

Answer 48

CLC's often provide legal advice and casework for relatively minor Criminal Matters and cannot assist those who have committed Indictable Offences

Answer 49

CLC's often provide an Interpreter service to ensure those from non-English speaking backgrounds can access Legal Assistance in a language they understand, promoting Equality in the Justice System

Answer 50

As CLC's usually provide limited assistance to those charged with Summary Offences and do not help those people who have been charged with Indictable Offences

Answer 51

CLC's provide free Legal Advice and information, meaning education on the Justice System is accessible to all people within the CLC's local community

Answer 52

Relatively few CLC's are located in rural parts of Victoria, limiting Access to Legal Information and advice for those in remote areas

Answer 53

Is a pre-trial procedure that aims to determine the Guilt of an Accused person. This occurs in the Magistrates' Court when the Accused has been charged with one or more Indictable Offences and has pleaded 'Not Guilty' or has not pleaded at all yet

Answer 54

Is the main and final stage of Committal Proceedings, which allows the Accused to question the Prosecution's Witnesses and make submissions about Charges. If the Magistrate determines there is sufficient evidence, the Accused will stand Trial. If the Magistrate determines there is not enough evidence, the accused will be allowed to go free. However, they can be brought back if more evidence is found

Answer 55

- To determine whether a charge for an Indictable Offence is appropriate to be heard and determined Summarily - To decide if there is enough evidence to support a Conviction - To find out if the accused plans to plead Guilty or Not Guilty - To ensure a Fair Trial, if the matter proceeds to Trial

Answer 56

- Helps filter out weak cases - Allows the accused to be informed of the Prosecutor's case against them - The Onus is on the Prosecutor to establish enough Evidence - It may result in withdrawal or combination of Charges - It gives the Accused the opportunity to test the strength of the Prosecutor's case

Answer 57

- Complicated process and can be unfair for an unrepresented party - They can be expensive - They can add to delays - They can contribute to stress and inconvenience of the Accused, Victims and families - It may be considered unnecessary for stronger cases

Answer 58

Committal Proceedings filters out weaker cases, allowing efficiency in the Courts, which ultimately reduces time delays

Answer 59

If the Magistrate finds insufficient evidence, the Department of Public Prosecutions may still commit the Accused to stand trial

Answer 60

Committal Proceedings allow both Parties to be informed of the evidence that is against them

Answer 61

The process of Committal Proceedings is very difficult without Legal Representation, which makes it unequal compared to the Prosecution who have access to a panel of experienced Lawyers

Answer 62

Committal Proceedings enhances Access to the Legal System as the Accused sees all the evidence against them to decide on their Plea

Answer 63

The processes surrounding Committal Proceedings is hard to navigate if the Accused is unrepresented

Answer 64

Is an informal process between the Accused, the Lawyer and the Prosecution where negotiations are made for the Accused to agree to Plea Guilty to fewer Charges or a Lesser Charge such as agreeing to Plea Guilty to Manslaughter instead of Murder

Answer 65

- To resolve a case efficiently and secure a Conviction | - To avoid the stress of a Trial for those involved, such as a Vulnerable Witness

Answer 66

- When the Accused is willing to cooperate - When the Prosecution has a strong case - When Witnesses are willing to provide Evidence

Answer 67

- They save the costs that are associated with a full Trial or Hearing - It ensures a quick determination of Criminal Cases - Victims and others are saved from the trauma, inconvenience and distress of the trial process - They will lead to a certain outcome

Answer 68

- Victims and the community may feel the accused's 'let off' or will get a lenient sentence - The Accused may feel pressured into accepting a deal - It avoids the need for the Prosecutor to prove the case 'Beyond a Reasonable Doubt' - Negotiations are held privately and do not need to be disclosed - If the Negotiations do not succeed, either Party may get an insight into the other Party's case

Answer 69

Are given out by the Court to let the Accused know what their Sanction is likely to be if they are to Plead Guilty. This can be used for both Summary and Indictable Offences if the Accused applies and the Prosecution agrees. They cannot be used against the Accused if they proceed with the Trial and the Sentence imposed must not be more severe than the Indication

Answer 70

- They provide a level of certainty for the Accused about what their sentence is likely to be - It reduces the time that is spent in Court, and therefore costs and resources by encouraging an early Guilty Plea

Answer 71

- When the Accused applies for the Indication - When there is sufficient information - When the Prosecution consents

Answer 72

- Magistrates’ Court - County Court - Supreme Court (Trial Division) - Supreme Court (Court of Appeal) - High Court of Australia

Answer 73

Is the power of a Court to hear a case for the first time

Answer 74

Is the power of a Court to hear a case on Appeal

Answer 75

Is the power of a Court to hear Criminal matters

Answer 76

Is the Legal authority of a Court or other Dispute Resolution Bodies to decide the outcome of Legal cases

Answer 77

- Specialisation of Courts - Appeals - Administrative Convenience

Answer 78

Is when Courts specialise in an area and gain expertise and efficiency in that area. For example, less serious cases are heard in the Lower Courts, such as the Magistrates’ Court whilst the more serious cases are heard in the Higher Courts, such as the Supreme Court

Answer 79

Appeals occur when a Party is unhappy with the outcome of their case. Grounds of Appeal can include a Question of Law, a Conviction or a Sanction. An Appellant may need to seek leave for their Appeal when Appealing to the Court of Appeal and their High Court

Answer 80

- Summary Offences - Indictable Offences Heard Summarily - Committal Proceedings - Bail Applications - Warrant Applications

Answer 81

No Appellate Jurisdiction

Answer 82

Hears Indictable Offences except Murder, Attempted Murder

Answer 83

Hears Appeals from the Magistrates' Court on Conviction or Sentence (in limited circumstances

Answer 84

Hears serious Indictable Offences including Murder and Attempted Murder

Answer 85

Hears Appeals from the Magistrates' Court on Points of Law, Conviction or Sentence (in limited circumstances)

Answer 86

No Original Jurisdiction

Answer 87

Hears Appeals from the County Court or the Supreme Court (Trial Division)

Answer 88

Is an impartial adjudicator who is appointed to hear Trials or Hearings

Answer 89

- Managing the Trial through Case Management - Giving Directions to the Parties - Asking Witnesses questions - Determining the Verdict (If there is no Jury) - Determining the Remedy

Answer 90

Criminal Trials in both the County and Supreme Courts require a Jury which consists of 12 randomly selected Jurors

Answer 91

- Being objective when partaking in a case - Listening to and remembering the evidence of the case (Jurors are allowed to take notes in a notebook) - Listening to the Judge’s direction and their summing up of a case - Delivering a verdict (Guilty or Not Guilty) - Keeping deliberations confidential

Answer 92

- Giving opening and closing addresses - Making submissions about sentencing - Assisting the Judge in Jury matters

Answer 93

There are two types of Legal Practitioners: Solicitors and Barristers. Solicitors prepare the case, drafts documents and develops evidence about the case whilst Barrister presents the case at a trial

Answer 94

- Preparing documents and evidence about the case - Complying with their duty to the Court Presenting their client’s case in the best possible light - Not misleading the Court - Not presenting false Evidence

Answer 95

Are penalties that are imposed by a Court if an Accused is found Guilty or Pleads Guilty

Answer 96

- Rehabilitation - Punishment - Deterrence - Denunciation - Protection

Answer 97

Is designed to reform an Offender in order to prevent them from committing Offences in the future

Answer 98

- Imposing a short Jail stay - A Sanction without Jail - A Sanction that will include treatment

Answer 99

Is designed to make the Offender 'pay' for their crime

Answer 100

Is designed to discourage people from committing crimes

Answer 101

Is aimed at the community in general and to deter them from committing similar Offences

Answer 102

Is aimed at the Offender to prevent them from committing the same Offence again

Answer 103

Is when there is disapproval of the Offender's behaviour. For example, the Court may give a harsher sentence for a particularly violent crime to demonstrate disapproval of the behaviour

Answer 104

Is aimed to safeguard the community from the Offender. Prison is usually the Sanction

Answer 105

- Fines - Community Correction Order (CCO) - Imprisonment

Answer 106

Are monetary payments that are ordered by a Court as a penalty for a Criminal Offence. These are expressed in Penalty Units. Fines are paid to the State of Victoria, not to the Victim

Answer 107

- To punish the Offence - To Deter the Offender - Denunciation

Answer 108

The more wealthy the Offender is, they Fines will act as only a small Punishment. Additionally, the highest Fine that is available in the Statute may not be very high. Finally, a small Fine may only act as Deterrence to the very poor

Answer 109

Is a supervised sentence in the community that includes special conditions such as the the treatment of the Offender and unpaid community work for a certain number of hours

Answer 110

- The Offender must not commit another offence punishable by imprisonment during the term of the order - The Offender must report to a specified community corrections centre within two working days of the order coming into force - The Offender must report to and receive visits from a Community Corrections Officer - The Offender must notify an Officer of a change of address - The Offender must not leave Victoria without permission - The Offender must comply with any directions of Community Corrections Officers

Answer 111

- To punish the Offender by limiting their freedom - To Rehabilitate them (when it includes treatment for Drugs or Alcohol) - May act as Specific Deterrence by the Offender having to do Community Work

Answer 112

- Whether there is a condition that will achieve the right purpose for the particular type of Offence - The most appropriate condition to be imposed, and whether the Court imposes that condition - Whether the Offender will comply with the conditions - Whether a CCO properly protects the community, where protection is a relevant purpose - Whether there is another or better Sanction that will achieve the necessary purposes

Answer 113

Is a Sanction that involves removing the Offender from society for a period of time and placing them in Prison

Answer 114

Is when the Offender serves 2 or more Sentences at the same time

Answer 115

Is when the Offender serves 2 or more Sentences one after the other

Answer 116

- When certain Indictable Offences such as Arson occur - Where Imprisonment is in default of payment of a Fine - When a Prisoner commits an Offence - When a person on Parole or Bail commits an Offence

Answer 117

Is an overall sentence that may be given out by a Judge, rather than separate Sentences for separate Offences. This Sentence cannot exceed the total that would have been imposed if separate sentences were received for each Charge

Answer 118

Is when an Offender has been Convicted by the County or Supreme Court for a serious Offence such as Murder. This can only be imposed if the Offender poses serious danger to the community

Answer 119

- Punishment - Losing freedom from society - Protection - Dangerous people are removed from society - Rehabilitation - Prisoners may undergo for certain Offences - Denunciation - A long Prison term demonstrates the disapproval of the Offence - Deterrence - Most people don't want to go to prison and acts as a way for a person to not want to go to Prison once released

Answer 120

- Aggravating Factors - Mitigating Factors - Guilty Pleas - Victim Impact Statements

Answer 121

Are circumstances bout the offender or the offence that can increase the seriousness of the offences. If they are present, a higher sentence is normally imposed

Answer 122

- The use of violence, explosives or a weapon when committing an offence - Nature and gravity of offence (particularly cruel, unprovoked, pre-planned etc.) - Vulnerabilities of the victim (e.g. disability, young, old etc.) - Offender motivated my hatred or prejudice against a person or group of people - Offence committed in front of children - Breach of trust by the offender - Offence occurred while the offence is on a CCO or Bail

Answer 123

Are Factors that relate to the Offender, the Victim or the Offence that reduce the seriousness of the Sentence

Answer 124

- The Offender was provoked by the Victim - The Offender showed remorse - The Offender has no previous Convictions - The Offender has cooperated with Police and made full Admissions - Injury or harm was minor - The Offender was young or had a Disability that made them not fully aware of the consequences - The Offender Plead Guilty early

Answer 125

The Court must consider a Guilty Plea in Sentencing, particularly the timing of the plea (e.g. before or at the start of the Trial)

Answer 126

- If an offender knows a Guilty plea is taken into account, it may encourage them to Plea Guilty rather than going to Trial - An early Guilty Plea avoids the time, expense and stress of a trial for all Parties that are involved, particularly the Victims and their families - The Court must state the amount of the 'Discount' for the Guilty Plea

Answer 127

Are statements that contain details of loss, injury and damage that was suffered as the result of the Offence. Medical and Psychological reports can also be attached. When sentencing, the Court must take into account the impact and circumstances of the Victim

Answer 128

- Costs - Time - Cultural Differences

Answer 129

The Costs of Legal Representation is the main Costs that the Accused will endure. If an accused is unable to afford a Lawyer, they may seek assistance from Victoria Legal Aid or a community legal centre. However, with limited funding, many don't qualify and will be forced to represent themselves

Answer 130

If the Accused cannot afford a Lawyer, they may have an unfair result due to their lacking of understanding of Court Procedures and the language that is used in Criminal Trials

Answer 131

If Parties cannot afford Legal Representation, they are at risk of not being treated Equally under the Law as they might be up against very skilled Lawyers who understand the Law and the rules of the Court. This places the unrepresented Accused at risk of not being able to perform at the same level as their opponent

Answer 132

An Accused who cannot pay for Legal Representation may have trouble accessing the Courts, which may result in them having to Plead Guilty to a Crime that they may not have committed because they do not have the means or the ability to Defend their case

Answer 133

There are delays in having a matter heard before the Courts as they have to complete a lot of paperwork. The use of Plea Negotiations help reduce these delays significantly by encouraging an early Plea, meaning a faster resolution of the Case

Answer 134

Cultural-based difficulties include difficulties that are faced by Aboriginal and Torres Strait Islander people such as language barriers

Answer 135

- Understanding and responding to the English language | - They are forbidden to talk about certain things, such as the names of the dead

Answer 136

- The Expansion of the Koori Court | - The Implementation of Victim Support Dogs

Answer 137

Is a division of the Magistrates', County and Children's Courts and hear cases just regarding Aboriginal and Torres Strait Islander people when it within their Jurisdiction, consent is given and there is a Guilty Plea

Answer 138

A second Koori Court in Warnambool opened in 2019

Answer 139

Support dogs were trialed in 2017. The program officially began in 2019. The dogs are trained to support Vulnerable Witnesses in another location or in the Courtroom. Research has found that these dogs significantly reduced the stress of Witnesses, and have been found to need fewer breaks when giving Evidence. Permission must be sought from the Magistrate or Judge to allow the dog to be used. There are now 6 dogs used in the program

Answer 140

- The Continued Expansion of the Koori Court | - Increased Funding for Legal Aid Centres and other Services

Answer 141

There are plans to expand the Koori County Court to all locations which have a Koori Magistrates' Court. The intention is to expand all Koori Court facilities widely throughout Victoria

Answer 142

The Law Council of Australia conducted a report in 2018 into the state of Justice for Australians who experience disadvantage. One recommendation was to fund additional resources for Legal support services such as Legal Aid and Community Legal Centres. The minimum additional resources should be $390 million per year

Unit 3: Area of Study 1 - The Victorian Criminal Justice System Flashcards

(166 cards)