Chapter 3

Question 1

fairness

Answer 1

fair processing and fair hearing.

Question 2

equality

Answer 2

treated equally before the law with an equal opportunity to present their case. (free from prejudice and bias)

Question 3

access

Answer 3

all people should be able to understand their legal rights and pursue their case. bodies and institutions that provide legal advice should be available to all.

Question 4

SUMMARY OFFENCES

Answer 4

• minor criminal offences
• hearing takes place in magistrates court
• drink driving, minor assault

Question 5

INDICTABLE OFFENCES

Answer 5

• serious offences
• heard by a judge + jury
• homicide, drug trafficking

Question 6

burden of proof

Answer 6

• the responsibility of a party to prove the facts of a case

- lies with the person who is bringing the case

Question 7

standard of proof

Answer 7

• strength of evidence required to prove the case

- prosecution must prove beyond reasonable doubt

Question 8

the presumption of innocence

Answer 8

every person accused of a crime is presumed innocent until proven otherwise.

to ensure fair treatment to citizens.

common right law

Question 9

bail

Answer 9

release of an accused person from custody on condition that they will attend a court hearing.

Question 10

rights of an ACCUSED

Answer 10

1. right to a fair hearing
2. right to a trial by jury
3. right to be tried without unreasonable delay

Question 11

right to be tried without unreasonable delay

Answer 11

• accused is entitled to have their charges heard in a timely manner
• delays should only occur if they are considered reason

regardless or race, gender, age, disability etc.

Question 12

right to a fair hearing

Answer 12

1. a competent, independent and impartial court must decide the proceeding or charge.

every person has right to have their case heard by a qualified and experienced judge in an unbiased and objective manner.

2. trial process should be transparent and conducted in a fair manner.

Question 13

right to a trial by jury

Answer 13

• provides for a trial by others in the community and the opportunity for participation, allowing the law to be applied to community standards.

Question 14

rights of VICTIMS

Answer 14

• give evidence as a vulnerable witness
• informed about the proceeding
• informed of the likely release date.

Question 15

what is a victim?

Answer 15

a person who has suffered injury as a direct result of criminal offence.

• family members of those killed via criminal offence
• child under 16 who has been groomed sexually
• family member of a person u/18 or has a mental impairment that has suffered as a direct result of criminal offence.

Question 16

Criminal Justice System

Answer 16

• decide whether an accused is guilty

- impose a sanction