AOS1 Victorian Civil Justice System P1 Flashcards
What is the rule of law?
the principle that all people are equal before the law and must obey the law.
Define plea
A statement on behalf of the defendant stating guilt or innocence
Summary offence
A minor, less serious offence heard in magistartes court
Indictable offence
A serious offence heard in the county and supreme court
Standard of proof
The extent to which a case must be proved in court. This is beyond reasonable doubt.
What does ‘beyond reasonable doubt’ mean?
If there is any reasonable doubt of the guilt of the accused, they must be found not guilty
Burden of proof
The obligation to provide evidence to prove facts of a case.
Who has the burden of proof in a criminal case?
The burden of proof is on the prosecution, however it can be reversed to the defendant in some cases
Distinguish between statute law and common law
Statute law is made by the parliament. On the other hand, common law is developed by courts in Australia
What elements uphold the presumption of innocence?
Bail, burden of proof, standard of prood, right to appeal, right to silence and reasonable arrest
Inculpatory evidence
evidence that establishes guilt
exculpatory evidence
evidence that is favourable to the defendant and diminishes guilty appearance
Fairness
The principle that all people can participate in the justice system and its processes should be impartial and open
Equality
All people engaging in the justice system and its approaches should be treated the same way, unless this causes disadvantage
Access
All people should be able to engage with the criminal justice system on an informed basis
What are the 3 elements upholding fairness?
Impartial processes, open processes and participation
What are the 3 rights the accused have in a criminal case?
The right to be tried without unreasonable delay, the right to silence and the right to trial by jury
What are 3 rights of victims?
The right to give evidence using alternative arrangements, the right to be informed about the proceeding and the right to be informed about likely release date of the offender.
The Charter of Human Rights and Responsibilites Act 2006
Act that gives legal recognition and protection in Victoria to many important human rights
Director of Public Prosecutions
The officer responsible for preparing, conducting and establishing prosecutions of indictable offences on behalf of Victoria
Office of Public Prosecutions
The victorian public prosecuting office that prepares and conducts criminal proceedings on behalf of the Director
Prosecutor
The representative of the prosecution team who is responsible for conducting the criminal case in court on behalf of the state
Who is included in the prosecution?
The prosecutor DPP, OPP, Victoria Police and Worksafe Vicroads Victoria
Who are the two parties in a criminal case and who isn’t?
The accused and the prosecution. The victim is not a party.
What is the Victorian Legal Aid?
A government organisation that provides free legal information to the community, as well as advice and representation to those who cannot afford these services
How does one qualify for VLA support?
An order by court, passing the income test for lawyers or passing the means test for grants of legal assistance
What are community legal centres?
Independant organisations that provide free legal services, including advice, information, assistance and representation
What are two types of community legal centres?
Generalist clcs, that provide broad legal services to people in a certain geographical area and specialist clcs, that focus on a particular group of people or area of law
What is the limit of income to pass the means test?
$360 per week after living expenses are deducted
Free duty lawyer services
VLA lawyers at court that can support people who have a hearing that day. An income test must be passed to access this.
Grants of legal assistance
More intensive legal assistance and access to lawyers. The means tests must be passed for this
plea negotiations
pre-trial discussions between the prosecution and the accused, aiming to resolve the case by agreeing on an outcome to the criminal charges laid
what effects the appropriateness of a plea negotiation?
Strength of evidence, whether accused is willing to cooperate and stress and inconvenience of full trial for victims
what are the key purposes of plea negotiations?
They save cost, time and resources, ensure certainty of an outcome and saves stress and trauma for victims
what are 2 reasons for the court hierarchy?
specialisation and appeals
what are other reasons for the court hierarchy?
doctrine of precedent and administrative convenience
what are strengths and weaknesses of community legal centres?
Strengths- free legal information available, and educates community
Weaknesses-Unable to help everyone who needs legal assistance,and many dont’s assist people charged with indictable offence
what are strengths and weaknesses of Victorian Legal Aid?
Strengths- prioritises those who are in need, provided in more than 30 languages
Weaknesses-may not have enough information for certain people, not everyone can access all services
appeal
an application to have a higher court review a ruling (decision)
What is specialisation in a legal context?
courts developing expertise on a certain area
