3 key concepts in the victorian criminal justice system Flashcards
define summary offence
a minor offence generally heard in the Magistrates’ Court
summary offences - nature, court, jury, act, max imprisonment, examples
- minor
- Magistrate;s Court
- DON’t require jury
- Summary Offences Act 1966 (Vic)
- Max. imprisonment = 2 yrs for single offence & 5 yrs for multiple offences
E.g. disorderly conduct, drunk driving & minor assault
define indictable offence
a serious offence generally heard before a judge and a jury in the County Court or Supreme Court of Victoria
indictable offences - nature, court, jury, act, max imprisonment, examples
- serious
- County/Supreme Court
- USUALLY requires a judge & jury
-
Crimes Act 1958 (Vic)
E.g. rape, murder, fraud & drug offences
committal proceedings
- accused charged w indictable & pleads NOT guilty
- Magistrates’ Court & involve several stages before committal hearing
committal hearing
- Magistrate decides sufficient evidence to support the conviction
- ENOUGH evidence = accused committed to stand trial & case transferred to higher court
- NOT ENOUGH evidence = accused discharged & go free
indictable offence determined and heard summarily
- accused agrees (bc quicker than County/Supreme & far less sentence)
- court agrees
- max sentence = < 10 yrs
burden of proof
the obligation (onus) of the prosecution to prove the case
- reversed if the accused pleads self-defence or mental impairment
standard of proof
the extent to which a case must be proved in court
- beyond reasonable doubt: prosecutions must prove that there is no reasonable doubt that the accused committed the offence
presumption of innocence
- high standard of evidence on the prosecution
- bail system allows the accused their liberty before the court date
- right to silence during questioning and the trial
- disallow prior convictions to be revealed until their sentencing
bail
the release of an accused person from custody on condition that they will attend a court hearing to answer the charges
Human Rights Charter
the Charter of Human Rights and Responsibilities Act 2006 (Vic)’s main purpose is to protect and promote human rights
rights available to an accused in a criminal trial
- right to be tried without unreasonable delay
- right to silence
- right to a trial by jury
right to be tried without unreasonable delay
an accused is entitled to have their charges heard within a timely manner and any delay should be reasonable
- ‘unreasonable delay’ is not defined (weakness)
- Charter of Human Rights and Responsibilities Act 2006 (Vic)
e.g. case w/ multiple crime scenes or multiple accused persons w/ a few witnesses then it takes the prosecution longer
right to silence
types of protections given to an accused person to not have to say or do smt, including:
- right to refuse or answer any q & not give any info during the investigation
- not being forced to give evidence
- Evidence Act 2008 (Vic)
protected in common law, which established that:
- no adverse inferences
- accused can later bring up defences
- accused can choose to answer some q
often hard to convince a jury & believe silence = guilt
right to a trial by jury
a charged person with a Commonwealth indictable offence is entitled to be tried by their peers
- Commonwealth of Australia Constitution Act 1900 (UK)
- Criminal Procedure Act 2009 (Vic)
Victims’ Charter
the Victims’ Charter Act 2006 (Vic) recognises the impact of crime on victims and provides guidelines for the provision of information to victims
rights available to victims
- give evidence using alternative arguments
- be informed about the proceeding
- be informed of the likely release date of the accused
right to give evidence using alternative arrangements
essential for victims to testify in court so they may need alternative arrangements for victims who have experienced:
- sexual offence
- family violence offence
- offence for obscene or threatening language in public
- offence for sexual exposure in public
- Criminal Procedure Act 2009 (Vic)
e.g.
- give evidence from a place other than the courtroom
- retractable screens
- support person
- limit the no. of ppl in room
- legal pratitioners may be required to stay seated
right to be informed about the proceedings
victims are informed at regular intervals abt progress of investigation (UNLESS THEY DON’T WANT THAT INFO or INFO MAY JEOPARDISE INVESTIGATION)
e.g.
- details of charges
- hearing dates, times & location
- outcomes
- details of any appeal
- Victims’ Charter Act 2006 (Vic)
right to be informed of the likely release date of the accused
if a person is a victim of criminal acts of violence and is on the Victims Register, they may receive info AT LEAST 14 DAYS PRIOR abt:
- release date of the imprisoned offender
- parole opportunities
- Victims’ Charter Act 2006 (Vic)
criminal acts of violence
- rape and other sexual offences
- aggravated burglary
- kidnapping
- stalking
- child stealing
- offences involving assault or injury punishable by imprisonment
- culpable driving causing death (under influence or intent)
- dangerous driving causing death or serious injury (manslaughter)
- failing to stop after a motor vehicle accident causing death or serious injury
Victims Register
register maintained by Vic to provide victims of violent crimes w relevant info abt adult prisoners whilst in they’re in prison
e.g.
- likely date of release
- (if applicable) their release on parole
parole
supervised & conditional release of a prisoner after the minimum period of imprisonment has been served
