basics (rev from yr11) Flashcards
Summary offences
- minor offences
- heard in magistrates court
- no jury or judge
- summary offence Act 1996
e.g. speeding, drunk-driving
Indictable offences
- serious offences
- heard in county or supreme court
- judge or jury
- crimes act 1958
may be heard in magistrates courts if: - both the court and accused agrees
- exceeding 10 years imprisonment
e.g. homicide, manslaughter, murder, treason
Indictable offences heard summarily
- serious offences
- heard in magistrates
- no judge or jury
- criminal procedure act 2009
e.g. theft, robbery, burglary
Burden of proof
also known as onus proof, is the person who has the responsibility of proving a case (prosecution to bring the evidence into the case to prove the accused guilty)
Standard of proof
The strength, weight or quality of evidence needed to prove the case
- prosecutor must prove a case beyond reasonable doubt
Presumption of innocence
- all accused are presumed innocent until it is proven reasonable doubt that they are guilty
Standard and burden of proof must be achieved (to prove the innocence) - charter of human rights and responsibilities Act
Presumption of innocence is held by
- right to silence (do not have to give evidence)
- cannot be arrested without reasonable doubt
- no prior convictions
- no offender can appear
THE 3 TYPES OF ACCUSED RIGHTS?
- the right to be tried without reasonable delay
- right to silence
- the right to trial by jury
the right to be tried without reasonable delay
- an accused right
delays should only occur when reasonable
every accused is valid to this right regardless of their history, age, disability etc
MUST BE REASONABLE
(protected in the charter of human rights and responsibility act 2006 (vic)
the right to silence
- an accused right
enables the accused to not answer any questions during an investigation (except for name, address and drivers license)
The right to be trial by jury
a right to be tried by unbiased members of the community who have been randomly selected from the electoral roll
This right applies to people accused of indictable offences, who plead not guilty, according to the Criminal Procedure Act 2009 (Vic)
Who are the victims?
A person who has suffered injury as a direct result of a criminal offence
Family member of a person who died as a direct result of criminal offence
The right to give evidence using Alternative arrangements released to crimes of:
WHO IS IT VALID FOR?
a victims right
processes put in court to protect vulnerable witnesses when they are giving evidence in cases such as:
- sexual offences
- family violence
- use of obscene or indecent language
the 3 types of rights for a victim?
- the right to give evidence using alternative arrangements
- the right to be informed about the proceedings
- the right to be informed about the likely release date of the offender
e.g. of alternative arrangements?
using CCTV such as zoom, using screen to avoid line of vision, Closing the courtroom to public except specific people
the right to be informed of proceeding
- a victims right
victims should be knowledgeable of the case they’re involved in
victims are entitled to know: - date and time and place of the trial
- details of the offence against the accused
the right to be informed about the likely released date
- a victims right
an entitlement whereby victims can be provided with information about the case they are involved in, subject to certain limitations.
In addition to release date, a victim may also be advised of length of sentence, earliest possible release date, if offender is on parole, death or escape in prison
FAIRNESS? and an e.g.
fairness is a one of three principle justice
All people can participate in the justice system and that the process is impartial and open
e.g. the right to legal representation
- judges and juries, magistrates are impartial
- burden of proof lies with prosecution
EQUALITY? and an e.g.
all people should be treated the same regardless of their race, gender and other personal attributes
e.g. availability of a translator, legal representation, alternative arrangements
ACCESS? and an e.g.
all people should be able to use procedure methods that are apart of the legal system.
e.g. right to legal aid (lawyers, legal advisors)
VLA
a government funding agency that provides free legal information, advice and low-costing legal representation
provide accessible info from across the phone
LOW COSTING!!
role of the vla (victorian legal aid) assisting the accused:
provide legal info, advice and low costing legal rep: can be found on brochures, and over the phone etc
provides legal advice: about court procedures or proceedings on dif cases
provide duty lawyers
what are duty lawyers?
Lawyers who are present in the magistrate court on a particular day and can provide information and advice for hearings. Duty lawyers can also represent the accused based on certain circumstances
role of the vla (victorian legal aid) assisting the victim?
Provide a Victims Legal Service: The Victims Legal Service Helpline is a specialist advice phone line that provides legal information and advice, particularly regarding the financial impact of a crime
provide duty lawyers:
Lawyers who are present in the magistrate court on a particular day and can provide information and advice for hearings. Duty lawyers can also represent the accused based on certain circumstances
