3.1 - The Victorian Criminal Justice System

Question 1

What are the principles of justice

Answer 1

Fairness
Equality
Access

Question 2

PoJ: fairness

Answer 2

The first principle, ‘impartial and just treatment or behaviour with favouritism or discrimination’, meaning to bring everyone to an even level in terms of legal processes, hearings, and trial in the criminal justice system.
Includes understanding court processes, having opportunities to present defence, and having opportunities to rebut prosecutions case

Question 3

PoJ: Equality

Answer 3

The second principle, ‘the state of being treated the same, especially in status, rights, or opportunities’, all people should be treated the same before the law and no person or group should be treated advantageously, meaning everyone should be treated the same regardless of personal characteristics/beliefs such as age, gender, religion, or ethnicity

Question 4

PoJ: access

Answer 4

The third principle, ‘the ability to approach or make use of something,’ members of society should be able to approach or make use of the criminal justice system, meaning people should understand their legal right pursue their case.

Question 5

Summary offence

Answer 5

A minor criminal offence that is usually heard in the magistrates court, however not always heard in court. Summary offences such as disorderly conduct or drinking offences are mostly contained in Summary Offences Act 1966 (Vic)

Question 6

Indictable offence

Answer 6

A serious criminal offence that is heard in the county court or higher of the accused pleads not guilty. Can be heard and determined summarily, meaning the case is heard in the magistrates court which is quicker and cheaper, with generally a lesser maximum penalty than if it were to be heard indictable. Indictable Offences such as rape or drug trafficking are mostly contained in Crimes Act 1958 (Vic)

Question 7

Burden of proof

Answer 7

Refers to the party that holds the responsibility to prove facts of a case to a certain degree or extent that meets the standard of proof. In criminal law this burden usually rests with the prosecution whom must glorified the accused as guilty beyond reasonable doubt, however it can be reversed if the accused is trying to prove their innocence such as in attemp to prove self defence when on trial for murder

Question 8

Standard of proof

Answer 8

Refers to the strength of evidence/degree that guilt or liability must be proven in criminal or civil cases. In criminal cases it is ‘beyond reasonable doubt’ and in civil cases it is ‘on the balance of probabilities’

Question 9

Presumption of innocence

Answer 9

States that everyone accused of a crime is presumed/considered to be innocent until found guilty in court to a level of beyond reasonable doubt (criminal) or on the balance of probabilities (civil). Guaranteed by the Charter of Human Rights and Responsibilities Act 2006 (Vic) and upheld through the system of bail which is release from custody when awaiting trial

Question 10

What are the rights of accused

Answer 10

• the right to be tried without reasonable delay
• the fight to a fair hearing
• the right to trial by jury

Question 11

The right to be tried without unreasonable delay

Answer 11

Supported by the charter of Human Rights and Responsibilities Act 2006 (Vic), a person charged with a criminal offence had a the right without discrimination to guarantee they will he tried without unreasonable delay. Reasonable delay may include illness, sickness, complex case, or prosecution is building their case. An accused child must be brought to trial quickly.

Question 12

The right to a fair hearing

Answer 12

Included in the Charter of Human Rights and Responsibilities Act 2006 (Vic), entitles a person charged with a criminal offence to have their case heard or tried before a competent, independent, and impartial court after a fair and public hearing. Must be heard before a qualified/experienced judge or magistrate in an unbiased manner, and must be open to public to ensure transparency and no secrecy

Question 13

The right to trial by jury (for commonwealth indictable offences)

Answer 13

Protected by S 80 of the Australian Constitution and Criminal Procedure Act 2009 (Vic), Gives the accused the right to be tried before a a jury in court if they plead not guilty to an indictable offence. This ensures they will be judged by their peers, therefore reflecting societies standards and provides opportunity for community involvement in legal prosecutes.

Question 14

The rights of victims

Answer 14

• the right to five evidence as a vulnerable witness
• the right to be informed about the accuseds proceedings
• the right to be informed of the likely release date of the accused

Question 15

The right to give evidence as a vulnerable witness

Answer 15

Certain victims who are witnesses may be entitled to be considered vulnerable and are therefore able to give evidence by alternative means.

• alternative arrangements: sexual offences, family violence offences, offence for obscene behaviour in public. Arrangements can include witness gives evidence from a place other than the court room, and only certain people allowed in court room when witness gives evidence.
• Protected witness: sexual offences, family violence offences. Can be the victim, family of victim, can not be cross examined by the accused, only by their legal representative.
• special arrangements for persons under 18 or with cognitive impairment: sexual offences, indictable offences such as assault. Witnesses are allowed to give examination in chief by way of audio or audio-visual recording, made specifically for witness younger than 18 or with a cognitive impairment.

(Criminal procedure act 2009 (vic) has protections which prevents witness from feeling uncomfortable altering evidence they present.
The evidence act 2008 (vic) disallows improper questions to be asked to vulnerable victims when cross-examined)

Question 16

The right to be informed about the accuseds proceedings

Answer 16

The victims charter act 2006 (vic) requires the victim of a crime to be informed at reasonable intervals about progress of investigation of criminal case, unless this will hinder the investigation, or the victim does not want it. Victim should be informed about charges, hearing dates and times, outcomes, sentences, and details or appeal

Question 17

The right to be informed of the likely release date of the accused

Answer 17

Protected under the victims charter act 2006 (vic), it a person is a victim of violence or is on the victims register, they may receive information about about the likely release date of imprisoned offender. Information must be provided at least fourteen days before the release date of the prisoner. Violence can include rape, kidnapping, stalking, and the victim may apply to be on the victims register, which is a Victorian database)
- in 2016, registered sex offended Christopher Austin escaped prison and his victims were notified.

Question 18

Role of institutions

Answer 18

Victorian legal aid and Victorian community legal centres

Question 19

Victorian legal aid

Answer 19

A government agency that provides free information to the Victorian public and legally represents those who need the most assistance for no charge or at a low charge

Question 20

Roles of Victoria legal aid

Answer 20

The provide legal aid in accessible manner to the Victorian public through free duty lawyer services on the day of an accuseds hearing if they meet the income test. Includes free resources about criminal disputes on their websites and free legal advice in person, by video call, or over the phone.

The make legal aid affordable and equitable to the Victorian public through effective management of its resources. Responsible for controlling and distributing the legal aid fund in a manner that enables it to provide low cost or free legal aid to the community.
Legal aid is legal education such as seminars, research such as recommended law reforms, representation that is mainly criminal, and control of their money and grants.

Question 21

Victorian community legal centres

Answer 21

Independent organisations that provide free legal advice, information, and representation to people in the community who are unable to afford or access other legal services. Generalist CLCs provide a broad range of legal services to people in particular geographic area such as Monash oakleigh legal service, whereas specialist clcs provide services to a particular group or area of law such as YouthLaw. They rely on funding from local, state, and commonwealth governments, the vla, and private donations.

Question 22

Committal proceedings

Answer 22

A criminal Pre-trial procedure that takes place in the magistrates court in cases where the accused has been charged with with one or more indictable offences, and they have plead not guilty

Question 23

Purposes of committal proceedings

Answer 23

• to determine whether there is sufficient evidence to support a conviction by jury in a higher court. If not, the accused is discharged (avoids wasting time and expense on taking a case to trial that is unlikely to succeed)
• to achieve fairness in ensuring prosecutions case is disclosed to accused, which gives accused the opportunity to put dowsed a case, properly prepare a case, and make sure issues argued are properly defined
• to determine whether the offence can be heard and determined summarily (ensures equality)
• to find out whether the accused plans to plead guilty or not guilty

Question 24

Committal hearing

Answer 24

The final hearing in which the magistrate decides whether or not there is enough evidence to commit the accused, by sending a recommendation to the final officer of public prosecutions who makes the final decision.

Question 25

Plea negotiations

Answer 25

A discussion between the prosecutor and the accused about the summary or indictable offences that have been charged against the accused, with the aim to resolve the case before trial, or before it continues.

• two parties agree that the accused pleads guilty to less charges, with the remaining charges being dismissed. (Carl Williams agreed to plead guilty to some murder charges in plea negotiations, so that other murder charges would be dropped)
• parties agree the accused pleads guilty to a lesser charge such as pleading guilty to manslaughter rather than murder

Note: plea negotiations are without prejudice, meaning any offers during the negotiations can’t be used as evidence if case goes to trial (also judge still determines sentence)

Question 26

Purposes of plea negotiations

Answer 26

• To resolve a criminal case in a prompt manner to avoid the cost, time, and stress of a criminal trial or hearing
• to ensure the charges agreed on still reflect the actions or crime of the accused, even though said charges may be lower or less than the original charges

Note: factors considered include evidence strength, accuseds willingness to plead guilty, and effects of full trial (time, money, etc.)

Question 27

Sentence indication

Answer 27

A statement made by a judge to an accused to inform the accused of what sanction they are likely to receive if they plead guilty to an offence
Note: encourages accused to plead guilty, however if they dont, a different magistrate or judge and jury will hear the hearing or trial

Question 28

Sentence indication in summary offences

Answer 28

The magistrate can give a sentence indication on the type of sanction the accused will receive at any time, without the prosecutions consent. They are partially bound by this as they cannot impose a more severe sentence than the one indicated.

Question 29

Sentence indication in indictable offences

Answer 29

Accused must app,y with the prosecutions consent in whether an immediate sentence of imprisonment in likely to be imposed

Question 30

Purposes of sentence indication

Answer 30

• to provide the accused a guide of the likely sentence/sanction they will receive
• to save the cost, time, and stress of having a full trial

Question 31

Reasons for Victorian Court Hierachy

Answer 31

Precedent
Appeals
Specialisation
Administrative convenience

Question 32

Vic Court hierarchy: precedent

Answer 32

Presents ensure consistency (equality) and trust of the legal system by ensuring similar cases have the same or similar outcome

Binding precedent is the outcome of a case determines the outcome of a similar case in a lower court of the same occurs hierarchy
Persuasive precedent provides a suggested/influenced outcome for a similar case in a different court hierarchy, or a higher/equal court in the same court hierarchy

Question 33

Vic Court hierarchy: appeals

Answer 33

The court hierarchy provides an avenue for appeals, to a prosecution or accused who thinks the decision in their case was unjust. If they have valid grounds for apples, the case will be considered by a higher, more Supreme Court.

• achieved access by giving people opportunity to make use of the court hierarchy
• achieves equality by giving people the same opportunity to have their case determined at a higher court

Question 34

Vic Court hierarchy: specialisation

Answer 34

Each court within the court hierarchy becomes familiar and specialised with the types of cases heard within their jurisdiction, for more accurate trials/hearings, and efficiency.

Supreme: serious indictable offences (murder, manslaughter, terrorism)
County: indictable offences (rape, culpable driving, robbery)
Magistrates
- summary (theft, drunkenness, driving offences)
- indictable heard summarily (minor assault, minor drugs, less than 200000 theft or theft of car)
- committal proceedings (testing evidence)
- bail applications (except for murder or terrorism)
- warrant applications (search warrants, arrest warrants)

Question 35

Vic Court hierarchy: administrative convenience

Answer 35

Placing staff where they are needed, such as a higher amount in the magistrates court due to a larger amount of things they hear.

Question 36

Responsibilities of judge/magistrates

Answer 36

Acts as an independent and impartial umpire of the court to ensure a fair trial takes place, and both parties are treated equally whilst giving directions to the jury bases on law or fact (not bias). Also decide the admissibility of evidence, and impose a sanction

Question 37

Strengths of responsibilities of judge/magistrate

Answer 37

• ensures fairness as decisions are made on only admissible evidence
• adjudicators have no prior association with the parties, enhancing their impartiality
• the judge is independent form the state/prosecution in a criminal case, enabling impartial treatment

Question 38

Weaknesses of responsibilities of judge/magistrate

Answer 38

• ca be regarded as a waste of legal resource, as their expertise and skill is not used to its full potential as they must remain impartial
• cannot suggests questions, Issues, or evidence to be explored in most circumstances (therefore not always enabling the truth to be told)
• unable to fully assist an unrepresentative or poorly represented party as they must remain independent bodies

Question 39

Responsibilities of jury

Answer 39

A group of 12 in criminal cases (can be fifteen in complex cases and three dismissed before deliberation) or people chosen at random from the community who determine the verdict of the case for indictable offences where the accused pleads not guilty. They must remember and analyse all evidence, independently decide whether they are true, and follow instructions given by the judge on how to apply the law to the facts.

Question 40

Strengths of responsibilities of jury

Answer 40

• a jury is made up of average people who are a cross-section of society, so the decision will reflect a decision and morals of the community
• the decision is spread across a number of people which mostly eliminates influence of individual biases
• they are independent and impartial deciders of face who have no knowledge of people involved in the case, therefore they should not possess any bias

Question 41

Weaknesses of responsibilities of jury

Answer 41

• the jury is not a true cross-section of the community, due to the number of people who are disqualified, ineligible, excused, or challenged as part of the jury empanelment process.
• juries do not give reasons for their decisions, so if they misapply the law, parties would be unaware
• may find it difficult to set acids any preconceived ideas or biases they may hold, such as those formed by influence of media

Question 42

Responsibilities of parties (pros and accused)

Answer 42

Have complete control of their case, meaning they make law relevant decisions such as preparing their case for trial by gathering evidence, and investigating the relevant law. Can also assist in empaneling jurors before trial and can request judge to give directions to the jury

Question 43

Strengths of responsibilities of parties

Answer 43

• increased satisfaction with outcome as parties choose what evidence to present
• both parties have the opportunity to prepare the best case possible to support their claims
• ability to bring out all evidence relevant, such as through cross-examination with witnesses

Question 44

Weaknesses of responsibilities of parties

Answer 44

• the adversarial nature of trials or hearings increases animosity between parties
• delays may be caused by the time it takes parties to gather evidence and prepare their case
• the truth may not be revealed as parties lead with evidence that supports their case

Question 45

Responsibilities of legal practitioners

Answer 45

Have a responsibility to present their clients case in the best light possible to give their client the best possible chance of having the case to in their favour. Assist in examining and cross-examining witnesses, making submissions or suggestions to the court of the appropriate sentence for the accused if found guilty, and have a duty to the court to act with high morals and ethics.

Question 46

Strengths of responsibilities of legal practitioners

Answer 46

• in theory, parties have equal representations by legal practitioners as the have their case presented in an expert manner
• removes emotions from the arguments as a seperate representative presents a parties case rather than the parties themselves, which can help the truth come out
• the have a duty to hit mislead the court, meaning they cannot present evidence or arguments

Question 47

Weaknesses of responsibilities of legal practitioners

Answer 47

• not all legal representation is of equal quality, meaning not all parties will be equally represented as good rep can sway jury a they are persuasive
• lawyers are costly, which may result in a party appearing in court unrepresentative, putting them at a disadvantage to the other party, which hinders fairness and equality
• the high cost of legal representation may discourage people from pursuing their case and thus receiving justice.

Question 48

What are the purposes of sanctions

Answer 48

Punishment
Protection
Deterrence
Denunciation 
Rehabilitation

Question 49

Sanctions: punishment

Answer 49

Gives the community a sense of revenge or ‘eye for an eye’ against the offender, and so the victim and community feel that justice has been achieved
- R v. Banek (2017) Maheny Banek committed murder with no reasoning, therefore his punishment of imprisonment made the community feel he had been punished

Question 50

Sanctions: protection

Answer 50

To remove offender so that society and victims feel safe. Can also protect offender if people may be wanting to hurt them, or they may be wanting to hurt themselves

Question 51

Sanctions: deterrence

Answer 51

Two types. Specific deterrence is aimed at discouraging the offender from re-committing the crime, and general deterrence is asides at discouraging the general public from committing the crime
- DPP v. Keefer (2016), brought in tobacco concealed in a container to avoid taxes and was charged with importing goods with intent to defraud revenue. Judge said that 18 months imprisonment achieved genera, deterrence

Question 52

Sanction: denunciation

Answer 52

Shows the courts disapproval of offenders conduct, which can be shown by a specific sanction
- DPP v Granata (2016), Alfo Granata used illicit drugs, assaulted, and raped a female tourist, resulting in a 13 year non-parole sentence. He then appealed and received a new sentence of 23 years with 27 years non-parole. This shows the courts disapproval by imposing a harsh sentence and increasing it on appeal.

Question 53

Sanction: rehabilitation

Answer 53

Help treat offender and addresses underlying reasons for offender committing the crime. Aims to change attitudes and prevent them from reoffending.
- DPP v. England (2016), armed robbery of a petrol station and bank, judge found accused had an illicit drug use which had an affect on sanction imposed

Question 54

Fines

Answer 54

A sanction imposed by court, an amount of money ordered to be paid by an offender to the state of Victoria. The amount depends on maximum penalty imposed for a certain offence that is normally prescribed in a statute setting out the offence.

Question 55

Purposes of fines

Answer 55

• the offender is punished for their crime if they are not in a high socioeconomic class. However, if they are in a high socioeconomic class than the offender may see the fine as only a small loss, and that the offence was worth it
• specific deterrence for those not in a high socioeconomic class, as they will be discouraged from having to pay the fine again, doesn’t apply for those who are in a high socioeconomic class.
• shows denunciation as the offender is having it literally pay for what they did. Shows higher denunciation the higher the fine, however may not show a high level of the offender is rich.
• does not provide protection for offender or community as the offender is living in the community
• no rehabilitation as the offender is not required to participate in activities that reform their behaviour

DPP v Bilic Homes pty Ltd (2016). bilic Homes were fined $300000 as deterrence after fatally injuring a carpenter

Question 56

Community correction order (CCO)

Answer 56

A supervised program that the offender serves in the community, including special conditions, such as unpaid community work for a number of hours. Gives offender opportunity to stop criminal behaviour, and undergo treatment or take part in education/development programs. Can be in conjunction with a fine or after maximum one year jail. Maximum 2yrs cco in magistrates, maximum 5yrs cco in county

Question 57

Community correction orders purposes

Answer 57

• Punishes then offender by demanding time spent without reward, however if a short cco than the offender may think the crime was worth it
• rehabilitates as they offender has specific programs to change their actions (a drug offender may have to attend certain meetings about drug use), however may do the opposite as offenders mix with other offenders so may keep the same mind set and reoffend
• specific deterrence as the offender may be discouraged as to not wanting to give up their time and effort again, however may not be considered inconvenient by someone who thinks the crime was worth the cco, so deterrence may not be achieved.
• can protect if the cco has movement restrictions, and while the cco is occurring protection is achieved as it is supervised
• denounces to a small amount, more so if the cco is labour such as picking up rubbish, rather than certain classes or meetings

DPP V. Harrison (2016), Harrison was imposed an 18 month CCO as a result of her history of domestic violence from her de facto partner

Question 58

Imprisonment

Answer 58

Removing the offender from society, and a loss of freedom and liberty. There are four different types of sentences
Concurrent: served at the same time and the judge gives a breakdown of the sentences, which is most often used in Australia
Aggregate sentence: sentences run at the same time however there is no break down of the different sentences
Cumulative: sentence served straight after another sentence (America)
Indefinite: forever, although is reviewed every few years

Two years must be set non-parole period
Must be at least six months in between minimum and maximum sentence

Question 59

Purposes of imprisonment

Answer 59

• effective at punishing the offender as it results in a loss of liberty and a normal way of life, however may have the opposite effect if the offender does not care for their loss of liberty, or if the offender has been given an indefinite sentence as they can do what they like without having the threat of loss of liberty
• effective at protecting society from the offender as it physically removes them from other people (may be more dangerous for offender especially if placed in generally population)
• act as a general and specific deterrence ad it discouraged the public and offender from committing crimes that result in loss of liberty, however due to offenders mixing it may encourage an offender to wish to take revenge against the legal system and commit more crimes after the leave prison, does not deter the offender if they get an indefinite sentence
• a longer sentence shows more denunciation
• can rehabilitate especially if the offender actively attend educational seminars that the prison has to offer. Some offenders may only do this to show good behaviour to get parole. May have the opposite effect if an offender goes to prison and has access to illicit drugs

Port Arthur massacre 1996, Martin Bryant shot dead 35 people and injured 23. He received 35 life sentences of 25 years, plus 1035 years to be served with non-parole period.

Question 60

Factors considered in sentencing

Answer 60

The sentencing act 1991 (Vic) requires a court to consider a range of factors when deciding the appropriate sanction/s to be imposed on an offender.

• aggravating factors (victim impact statement)
• mitigating factors (guilty pleas)

Question 61

Aggravating factors

Answer 61

A circumstance about the offender or the crime that can increase the seriousness of the offence or the offender culpability (higher sentence)

• victim was vulnerable (young, old, disabled)
• use of violence, explosive or weapons
• offence occurred when offender was on coo or on bail (already given a chance)
• motivated by hate
• tried to cover tracks
• victim impact statement (contains information detailing any injury, loss, or damage suffered by the victim as a direct result of the offence. It is prepared by the victim and usually read aloud by them in court, however circumstances may differ under the right to give evidence as a vulnerable witness

Question 62

Mitigating factors

Answer 62

A circumstance relevant to the offender, victim, or the crime that reduces the seriousness of the offence of the offenders culpability (lower sentence)
- offender was provoked by the victim or under duress (not heavily planned)
- offender was young or mentally incapable
- offender has no record of previous convictions
- guilty plea
If the offender pleads guilty it shows remorse, especially if the pleased early or at the earliest opportunity

Question 63

Cost of legal representation

Answer 63

Fairness
- people don’t get regal rep due to its price, therefore may lead to an unfair result in trial as they are at a disadvantage due to possibly not understanding courtroom procedures, or letting their emotions get in the way (not on an even oak to my field)
Equality
- accused and prosecution may be treated unequally as one has legal representation and one does not, or one has a more persuasive representative. If the accused is self represented they may come up against someone experienced and feel intimidating their case, therefore not receiving the same treatment in the eyes of the law
Access
- person who cannot afford legal representation cannot fully access court processes as they may not understand them, or may feel inclined to plead guilty rather than self represent, however victims are able to access the VLA library

Question 64

Delays in preparing for a case for trial

Answer 64

Fairness
- ensures fairness in allowing the prosecution proper time to prepare there case, as to balance out how they carry the burden of proof. However, unfair to victims as it may add trauma to themselves and family. If an accused is held on remand, delay can inhibit their ability to prepare their case. Can also impede memory of meh witnesses which is unfair
- cause stress to victims and victims family
Equality
- delays give both parties equal time to prepare their case, however: more vulnerable litigants, such as elderly, disabled, or young may find delays more distressing than other and therefore be treated unequally. Delays differ for each case, so cases aren’t treated equally across the legal system, and if an accused is held on remand in a delay, they are not being treated equally as they are not being presumed innocent.
Access
- delay causes less access to courts for all parties, and if a witness is effected by the delay (forgets, passes, becomes ill), the parties may not get full access to their trial

Question 65

The Koori court*

Answer 65

Fairness
- helps to eliminate a unfair trial by allowing aboriginal and Torres Strait islanders to communicate in a way that they understand by changing aspects such as the lay out of the court room to s way that if familiar to them.
Equality
- approach to sentencing reflects the values of the indigenous community, as does the informality of the setting, however is not equal through the whole system as the Koori court is limited to sentencing
Access
- more familiar and understandable to indigenous offenders. The involvement of indigenous elders and respected persons further facilitated effective access to justice by ensuring effective communication. However, the Koori court is only accessed by those who plead guilty, which may encourage Indigenous to plead guilty therefore not fully accessing the criminal justice system.

Question 66

Recent reforms

Answer 66

Expansion of Koori court to new locations around Victoria

Changes in bail to make the system stricter

Question 67

Expansion to Koori Court it new locations around Victoria

Answer 67

Fairness: giving indigenous a special court to bring them to the same level as those who can understand the Victorian criminal justice system, by ensuring they are not being unfairly judged on common factors such as not making eye contact, or saying yes to questions asked, however is unfair to those who have plead guilty and have to hold their sentencing in the Supreme Court (trail division) of Victoria rather than the koori court.
Equality: ensuring equality be making sure indigenous are not discriminated against for their cultural background.
Access: increasing access as is it available in more locations around Victoria, meaning more indigenous people will be able to make use of it, however it is still restricted access as it only does sentencing from the magistrates or county court and not the Supreme Court, and only holds sentencing, not trials or hearings.

Question 68

Changes in bail to make it a stricter system

Answer 68

Fairness: is effected as it interferes directly with the presumption of innocence, which is a right protected under the charter of human rights and responsibilities act 2006 (vic) meaning that the accused is considered not guilty, until they are proven so. Stricter bail effects this as the accused is being restricted of their liberty and being treated guilty even though they are assumed to be innocent.
Equality: stricter bail laws causes increased equality as there is less room for individual opinion, and less discrimination based on the type of crime that the accused has been accused of committing.
Access: if the accused is held on remand it eliminates the possibility of them committing a crime whilst they are on bail, meaning they are not taking up more space in court, therefore increasing access. However, it interferes with the access of the accused as it is harder for them to talk to legal representation as their timing is limited

Question 69

Recommended reforms

Answer 69

Removal of committal proceedings

Trial by only a judge and no jury

Question 70

Removal of committal proceedings

Answer 70

• Fair to the victim as they do not have to go through a hearing and a trial. Unfair as a case may be tried even though there is not enough evidence against the accused, so they may be found not guilty and unable to be tried again even if they are rightfully guilty which would not occur if the accused had been dismissed after a committal proceeding
• equality as allows all indictable offences to be treated the same by going straight to court rather than the case being dismissed until more evidence is found
• increased access in the magistrates by saving time due to no committal proceedings, however more cases would be going through to the county and Supreme Court, therefore less access there.

Question 71

Trial by only judge, and not jury

Answer 71

• fair for well known people as most of society have already formed an opinion and bias on them, which may have been influenced by media. Additionally judges have the responsibilities to act impartial, whereas jury deliberations are unknown and may be biased.
• unequal as it allows for individual opinion (of the judge) to come into account, which may have slight biases or preconceived ideas. Unequal as some offences are tried in front of a jury and some are not,
• speeds up cases due to not having to wait for jury deliberations, therefore opening up the court for other cases and increasing access