4.8 The Parties

Question 1

Victoria Law Reform Commission (VLRC)

Answer 1

Victoria’s leading independent law reform organisation. The VLRC reviews, researches and makes recommendations to the state parliament about possible changes to Victoria’s Laws.

Question 2

Examination-in-chief

Answer 2

the questioning of one’s own witnesses in court in order to prove one’s own case and disprove the opponent’s case

Question 3

Cross-examination

Answer 3

the questioning of a witness called by the other side in a legal case.

Question 4

What is the Role of the Prosecution

Answer 4

• Disclose information to the accused - all (even detrimental) evidence, 2020 VLRC DPP has ongoing obligation to disclosure, convictions of witnesses etc.
• Participate in the trial or hearing - opening address, examination in chief, cross-examination, closing address
• make submissions about sentencing - informing the court on relevant laws

Question 5

What is party control

Answer 5

a key part of the adversarial system, where each party has control over the way the case will be won (competing)

Question 6

What is the role of the accused?

Answer 6

• participate in the trial/hearing - right to remain silent, opening address, summarise evidence, examination + cross examination, closing address (limited to evidence)
• make submissions about sentencing - must not mislead

Question 7

What are the strengths of parties

Answer 7

• prosecutor has special obliation to disclose evidence/relevant matter.
• both parties have opportunity to present cases (+ examination-in-chief/cross)
• accused has no obligation to present evidence)

no trial by ambush

Question 9

What are the weaknesses of the parties

Answer 9

• VLRC noted that there may be inadequate disclosure (waiting instead of doing it)
• complex processes in law - self-represented
• party control + right to silence may mean that truth does not come out