AOS 1 (Part 1)

Question 1

Principles of justice

Answer 1

the fundamental ideas and values that promote just treatment and outcomes in the legal system

Question 2

Fairness

Answer 2

Treatment or behaviour without favouritism or discrimination; free from bias and injustice (institutionalised discrimination - gender, race, culture etc)

factors influencing fairness
- availability of legal representation
- whether laws have been properly applied
- the time it takes for the case to be heard

Question 3

equality

Answer 3

all people being equal in statutes, rights, and opportunities. (rule of the law - equal before the law, healthy discrimination)

factors influencing equality
- the way differences are treated
- whether the legal system disadvantages a certain group
- whether laws are applied equally to everyone

Question 4

access

Answer 4

the right or ability to enter or make use of the legal system (everyone has access in light of financial, physical, mental or social disadvantages)

factors influencing access include
- availability of legal representation and advice
- costs and delays associated with legal cases
availability of courts
- the extent to which members of the community understand legal rights

Question 5

criminal law

Answer 5

criminal law is defined as a crime against the state

Question 6

burden of proof

Answer 6

refers to the party with the onus for proving the guilt of the accused

Question 7

standard of proof

Answer 7

the threshold/ level of confidence that is required to support a guilty verdict (beyond reasonable doubt - accurate impression of the high standard of proof the prosecution must satisfy)

Question 8

summary offenes

Answer 8

minor criminal offences dealt with exclusively by a Magistrate and/or infringement notice (hearings)

Summary offences act 1966

Example offences - parking fines, minor property damage, public drunkenness

Example sanctions - fines, short imprisonment terms,

Question 9

Indictable offences

Answer 9

Crimes of a more serious nature that cannot be heard in the absence of the accused (serious because of their nature)

Usually tried in the County/Supreme Court with a jury if the accused pleaded not guilty

Crimes Act 1958

example - homicide offences, culpable driving, drug trafficking, and serious assaults.

Question 10

indictable offences heard summarily

Answer 10

trials for minor indictable offences can be heard summarily in a Magistrates; Court with the agreement of the prosecution, the accused and the court
(quicker and cheaper route)

Question 11

the presumption of innocence

Answer 11

is the principle where the accused person is assumed innocent until proven guilty beyond reasonable doubt

Question 12

relationship between presumption of innocence and the burden of proof

Answer 12

the relationship between the presumption of innocence and burden of proof is one that allows the accused innocent and does not need to prove that innocence.

They are assumed innocent from the very start and it is the prosecution that is charged with the onus to prove the guilt of accused persons

Question 13

rights of the accused

Answer 13

an accused is entitled to certain rights in order to ensure that from the start to the end of the case, the principles of justice are upheld

• right to be tried without unreasonable delay
• right to a fair hearing
• right to trial by jury

Question 14

right to be tried without unreasonable delay - accused

Answer 14

an accused person is entitled to have their case heard and determined within a ‘reasonable’ time

S.2 - (C), Section 25 of the Victorian Charter of Human rights and responsibilities 2006 protects this particular right.

unreasonable delay - the nature of the offence influences the amount of time required for a hearing to take place from the initial apprehension to the trial date.

factors that uphold the right
- nature of the offence
- backlog of cases where their offense may be heard
- security of the accused person

principles of fairness
- ensures fairness for the accused person (no prolonged stress of having to wait for their case
- ensures access for other accused person (no backlog in court cases)

Question 15

right to a fair hearing - accused

Answer 15

an accused person is entitled to be tried according to correct processes and procedures in order to remove bias, and undue discrimination and to uphold the principles of justice

elements of a fair hearing
- right to be heard by an independent/impartial party
- right to a public hearing
- right to representation
- right to be heard within a reasonable ‘period’
- right to not be tried/punished more than one

Section 24 of the Victorian Human Rights and responsibilities act protects this right

elements that might impede this right
- contempt of court
- witness intimidation

Question 16

Right to trial by jury - accused

Answer 16

an accused person is entitled to be tried by a jury of peers whose role it is to determine questions of fact and apply the law, as stated by the presiding judge, to reach a verdict

the victorian Juries Act 2000 sets out the jury empanelling process

s.80 of the Australian Constitution protects this right - if one commits an indictable offenses, you have the right to trial by jury or not (however if it is a serious federal crime, a jury must be used)

Question 17

Victim

Answer 17

the person who has suffered harm/loss at the hands of/as an indirect result of the perpetrator’s conduct

Question 18

Victim’s Rights

Answer 18

in criminal proceedings, victims are entitled to a number of rights that exist in order to ensure their welfare and the integrity of the proceedings and uphold the principles of justice.

• right to give evidence as a vulnerable witness
• right to be informed about proceedings
• right to be informed of a likely release date for the accused.

Question 19

Vulnerable definition

Answer 19

the Evidence Act 1939 s.13A outlines a vulnerable witness
- is a minor
- suffers from a mental disability/cognitively impaired
- is an alleged victim of a sexual offense
- is the victim of family violence
- the possibility of being attacked or harmed either physically or emotionally

Question 20

Right to give evidence as a vulnerable witness - victim

Answer 20

The right to give evidence as a vulnerable witness means being able to access special provisions or concessions that protect the witness and retain the integrity of their testimony

Judge decides whether to grant permission for a witness to use provisions

Evidence Act of 1939 protects this right

example
- having a relative/friend in court while giving evidence (support, safety, comfort)
- screen between the witness and accused
- court closed to the public while giving evidence
- giving evidence via CCTV

Question 21

Right to be informed of proceedings - victim

Answer 21

Victims of crime have the right to know aspects of the case that pertain to them in order to ensure that the principles of justice are upheld

Victims’ Charter Act 2006 section 11 protects this right

information the victim may be informed of:
- progress of investigations
- outcome of bail proceedings
- details about court proceedings
- details and results of any appeals in the proceedings
- details of sentence

Question 22

Right to be informed of an accused’s release date - victim

Answer 22

as a victim of crime, it is important that their safety and security is of high importance to the CJS in order to ensure the offender does not engage with the victim in any way that might risk them post-release
(particularly important in relation to crimes such as harassment, stalking, hate crimes etc)

Victims Charter 2006 section 17, point 2 protects this right saying the person included on the victims’ register can be given information about the offender including their likely release date

important because:
- ensures their safety
- make arrangements to relocate/ enter witness protection

Question 23

Victorian Legal Aid (VLA)

Answer 23

legal aid is a payment of public funds allowed in cases of need, for legal advice about proceedings

VLA is a government-funded agency that has the role of ensuring that socially and economically disadvantaged Victorians can receive assistance with legal problems

VLA is highly criticised for being insufficient to meet the community’s demands for legal services
(it only provides them to people who meet their criteria - who take a means and an income test)

Question 24

VLA’s Role in assisting accused persons

Answer 24

provides free initial legal advice over the phone (explains the case and other important information)

assists with grants to engage legal representation

offers the community a space online where they can view information regarding all aspects of the law

Provides duty lawyers

Question 25

Duty Lawyers

Answer 25

legal practitioners based at courts that can provide case-specific information.

in some cases they can provide legal representation in court

duty lawyers are given to priority parties:
- cannot afford a private lawuer
- intellectual disabilities
- homelessness
- no english
- indigenous
- in custody/ facing a serious offence

Question 26

Victorian Community legal Centres (CLCs)

Answer 26

community legal centres are independent, non-profit, non-government organisations

focus on:
- early advice
- working with agencies to solve legal, financial, social and health problems
- helping people who didn’t qualify for legal aid
- assisting disadvantaged australians
- helps provide the community with legal education

Question 27

Committal Proceeding

Answer 27

Held in a Magistrates’ Court for an accused person charged with indictale offences

Committal Proceedings are a step conducted before a person who is charged with an indictable offence has a jury trial

CPs include the prosecution presenting evidence (hand up brief)
- statements from victims/witnesses/accused
- forensic evidence
- expert evidence

types of CP’s
- mention hearing
- summary hearing
- committal hearing

Question 28

Purposes of Committal Proceedings

Answer 28

• to determine whether a charge is appropriate to be heard summarily (to speed up court proceedings)
• to determine whether there is sufficient evidence to support a conviction for the offence charged (whether a jury could determine a guilty verdict from this evidence)
• to determine how the accused proposes to plead at this stage in the proceedings (whether there is to be a long trial or not)
• to ensure a fair trial (enabling the accused to be fully informed of the prosecution’s case against them - allows them to better prepare a legal defence)

Question 29

Bail

Answer 29

the release from custody of a person charged with a criminal offence

Question 30

remand

Answer 30

where an accused is held in custody until the time of their trial

Question 31

Jury

Answer 31

a group of randomly selected individuals that represent the community. they are summoned and empanelled in the County/Supreme Court
(criminal - 12, civil - 6)

Question 32

Prima Facie

Answer 32

means ‘at first face’. in relation to a committal hearing, if there is enough evidence to commit the accused to trial or for a jury to convict

Question 33

Rule of law

Answer 33

the principle that everyone in society is bound and must obey the law.
laws should also be fair and clear so society is willing to obey them