AOS 1 - Victorian Criminal Justice System Flashcards
Criminal Justice System
Definition
A set of processes and institutions used to investigate and determine criminal cases.
Accused
Definition
A person charged with a criminal offence
Sanction
Definition
A penalty impacted by a court on a person guilty of a criminal offence
Imprisonment
Definition
A sanction that involves removing the offender from society for a stated period of time and placing them in prison.
Offender
Definition
A person who has been found guilty of a criminal offence by a court
Australian Constitution
Definition
- A set of rules and principles that guide the way Australia is governed.
- The Australian Constitution is set out in the Commonwealth of Australia Constitution Act
Commonwealth Offences
Definition
Crimes that break a law passed by Commonwealth Parliament
Statute
Definition
A law made by parliament; a bill that has passed through parliament and has received royal assent.
Prosecution
Definition
The party that initiates criminal proceedings against an accuesed on behalf of the state.
Prosecutor
Definition
The representative of the prosecution who is responsible for conducting the criminal case and appearing in court.
Office of Public Prosecutions (OPP)
Definition
The Victorian publics prosecutions office that prepares and conducts criminal proceedings on behalf of the DPP
Director of Public Prosecutions (DPP)
Definition
The independent officer responsible for commencing, preparing and conducting prosecutions of indictable offences on behalf of the State of Victoria.
Summary Offence
Definition
- A minor offence generally heard in the Magistrates’ Court, determined by a Magistrate.
- Minor crimes, governed by the Summary Offences Act 1966 (Vic)
Examples of Summary Offence
- Drink Driving,
- Shoplifting
- Minor Assault
Indictable Offence
Definition
- A serious offence generally heard before a judge and jury in the County Court or Supreme Court of Victoria (Trial Divisions)
- Governed by Crimes Act 1958 (Vic)
Examples of Indictable Offences
- Murder
- Assault
- Theft
Committal Proceedings
Definition
The pre-trial hearings and processes held in the Magistrates’ Court for indictable offences.
Committal Proceedings
Definition
- The pre-trial hearings and processes held in the Magistrates’ Court for indictable offences
- Determine if there is sufficient evidence to find the accused guilty
- No committal proceedings for summary offences.
Indictable Offence Heard Summarily
Definition
- A serious offence that is dealt with as a summary offence if the court and accused agree.
- Often used because they are cheaper, faster and can only place a sentence of max 2 years imprisonment per offence, or 5 years for multiple.
- Governed by the Criminal Procedure Act 2009 (Vic) A serious offence that is dealt with as a summary offence if the court and the accused agree
Burden of Proof
Definition
- Obligation of a party to prove a case
- Usually rests with the prosecution/plaintiff
- In some cases, burden of proof can be reserved
Standard of Proof
Definition
- Level of certainty or strength of evidence required to prove the case
- Criminal case = Beyond reasonable doubt
- No reasonable doubt is possible from the evidence presented
Beyond Reasonable Doubt
Definition
Standard of proof in criminal cases. Requires the
prosecution to prove there is no reasonable doubt that the accused committed the offence
Balance of Probabilities
Definition
Standard of proof in civil disputes. Requires the plaintiff to establish that it is more probable than not that their claim is true
Presumption of Innocence
Definition
- Right of an accused of a crime to be presumed not guilty unless proven otherwise.
- Common law right protected by the Charter of Human Rights and Responsibilities Act 2006 (Vic)
