AOS 1 - Victorian Criminal Justice System

Question 1

Criminal Justice System

Definition

Answer 1

A set of processes and institutions used to investigate and determine criminal cases.

Question 2

Accused

Definition

Answer 2

A person charged with a criminal offence

Question 3

Sanction

Definition

Answer 3

A penalty impacted by a court on a person guilty of a criminal offence

Question 4

Imprisonment

Definition

Answer 4

A sanction that involves removing the offender from society for a stated period of time and placing them in prison.

Question 5

Offender

Definition

Answer 5

A person who has been found guilty of a criminal offence by a court

Question 6

Australian Constitution

Definition

Answer 6

• 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

Question 7

Commonwealth Offences

Definition

Answer 7

Crimes that break a law passed by Commonwealth Parliament

Question 8

Statute

Definition

Answer 8

A law made by parliament; a bill that has passed through parliament and has received royal assent.

Question 9

Prosecution

Definition

Answer 9

The party that initiates criminal proceedings against an accuesed on behalf of the state.

Question 10

Prosecutor

Definition

Answer 10

The representative of the prosecution who is responsible for conducting the criminal case and appearing in court.

Question 11

Office of Public Prosecutions (OPP)

Definition

Answer 11

The Victorian publics prosecutions office that prepares and conducts criminal proceedings on behalf of the DPP

Question 12

Director of Public Prosecutions (DPP)

Definition

Answer 12

The independent officer responsible for commencing, preparing and conducting prosecutions of indictable offences on behalf of the State of Victoria.

Question 13

Summary Offence

Definition

Answer 13

• A minor offence generally heard in the Magistrates’ Court, determined by a Magistrate.
• Minor crimes, governed by the Summary Offences Act 1966 (Vic)

Question 14

Examples of Summary Offence

Answer 14

• Drink Driving,
• Shoplifting
• Minor Assault

Question 15

Indictable Offence

Definition

Answer 15

• 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)

Question 16

Examples of Indictable Offences

Answer 16

• Murder
• Assault
• Theft

Question 17

Committal Proceedings

Definition

Answer 17

The pre-trial hearings and processes held in the Magistrates’ Court for indictable offences.

Question 18

Committal Proceedings

Definition

Answer 18

• 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.

Question 19

Indictable Offence Heard Summarily

Definition

Answer 19

• 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

Question 20

Burden of Proof

Definition

Answer 20

• Obligation of a party to prove a case
• Usually rests with the prosecution/plaintiff
• In some cases, burden of proof can be reserved

Question 21

Standard of Proof

Definition

Answer 21

• 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

Question 22

Beyond Reasonable Doubt

Definition

Answer 22

Standard of proof in criminal cases. Requires the
prosecution to prove there is no reasonable doubt that the accused committed the offence

Question 23

Balance of Probabilities

Definition

Answer 23

Standard of proof in civil disputes. Requires the plaintiff to establish that it is more probable than not that their claim is true

Question 24

Presumption of Innocence

Definition

Answer 24

• 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)

Question 25

Common Law

Answer 25

Law made by judges through decisions made in cases .

Question 26

Rights of the Accused

Answer 26

• Right to be tried without reasonable delay
• Right to silence
• Right to trial by jury

Question 27

Rights of Victims

Answer 27

• Right to give evidence using alternative arrangements
• Right to be informed about the proceedings
• Right to informed of the likely release date of the offender

Question 28

Principle of Fairness

Answer 28

‘All people can participate in the justice system, and its processes should be impartial and open’

Features
- Impartial processes
- Open processes
- Right not to testidy against oneself
- Pressumption of innocence

Question 29

Principle of Equality

Answer 29

‘All people engaging with the justice system and its processes should be treated in the same way. If the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow everyone to engage with the justice system without disparity or disadvantage’

Features
- Same treatment - Formal Equality
- Different treatment - Substantive Equality

Question 30

Principle of Access

Answer 30

‘All people should be able to engage with the justice system and its processes on an informed basis’.

Features
- Engagement
- Informed Bias