Chapter 3 - Key concepts in the Victorian criminal justice system

Question 1

criminal justice system

Answer 1

a set of processes and institutions used to investigate and determine criminal cases

Question 2

accused

Answer 2

a person charged with a criminal offence

Question 3

sanction

Answer 3

a penalty (e.g. a fine or prison sentence) imposed by a court on a person guilty of a criminal offence

Question 4

imprisonment

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

Answer 5

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

Question 6

Australian Constitution

Answer 6

a set of rules and principles that guide the way Australia is governed. The Australian Constitution is set out in Commonwealth of Australia Constitution Act

Question 7

Commonwealth offences

Answer 7

crimes that break a law passed by the Commonwealth Parliament

Question 8

statute

Answer 8

a law made by parliament; a bill that has passed through parliament and has received royal assent (also known as legislation or an Act of Parliament)

Question 9

prosecution

Answer 9

the party that institutes criminal proceedings against an accused on behalf of the state. The prosecution team includes the prosecutor

Question 10

prosecutor

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)

Answer 11

the Victorian public prosecutions office that prepares and conducts criminal proceedings on behalf of the Director of Public Prosecutions

Question 12

Director of Public Prosecutions (DPP)

Answer 12

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

Question 13

jury

Answer 13

an independent group of people chosen at random to determine questions of fact in a trial and reach a decision (i.e. a verdict)

Question 14

summary offence

Answer 14

a minor offence generally heard in the Magistrates’ Court and determined by a Magistrate. The final hearing is known as a hearing and the accused does not have the right to a trial by jury. Listed in the Summary Offences Act 1966 (Vic), among other statutes and regulations.

Question 15

indictable offence

Answer 15

a serious offence generally heard before a judge and a jury in the County Court or Supreme Court of Victoria. Listed in the Crimes Act 1958 (Vic). Final hearing is known as a trial. Involves committal proceedings.

Question 16

committal proceeding

Answer 16

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

Question 17

committal hearing

Answer 17

a court hearing that is held as part of the committal proceeding in the Magistrates’ Court. At a committal hearing, the magistrate will decide whether there is sufficient evidence to support a conviction for the offence charged

Question 18

indictable offence heard and determined summarily

Answer 18

a serious offence that is dealt with as a summary offence if the court and accused agree. Offences that this applies to can be found in the *Criminal Procedures Act 2009 (Vic)

Question 19

burden of proof

Answer 19

the obligation (i.e. responsibility) of a party to prove a case. The burden of proof usually rests with the party who initiates the action (i.e. the plaintiff in a civil dispute and the prosecution in a criminal case), but may be reversed in certain cases.

Question 20

standard of proof

Answer 20

the degree or extent to which a case must be proved in court

Question 21

beyond a reasonable doubt

Answer 21

the standard of proof in criminal cases. This requires the prosecution to prove there is no reasonable doubt that the accused committed the offence

Question 22

balance of probabilities

Answer 22

the standard of proof in civil disputes. This requires the plaintiff to establish that it is more probable (i.e. likely) than not that their claim is true

Question 23

presumption of innocence

Answer 23

the right of a person accused of a crime to be presumed not guilty unless proven otherwise

Question 24

common law

Answer 24

law made by judges through decisions made in cases. Also known as case law or judge-made law (as opposed to statute law)

Question 25

Human Rights Charter

Answer 25

the *Charter of Human Rights and Responsibilities Act 2006* (Vic). Its main purpose is to protect and promote human rights

Question 26

international treaty

Answer 26

a legally binding agreement between countries or intergovernmental organisations, in which they undertake to follow the obligations set out in the agreement and include them in their own local laws (also known as an international convention)

Question 27

remand

Answer 27

the situation where an accused is kept in custody until their criminal trial can take place

Question 28

bail

Answer 28

the release of an accused person from custody on condition that they will attend a court hearing to answer the charges

Question 29

statute law

Answer 29

law made by parliament; also known as Acts of Parliament or legislation (as opposed to common law)

Question 30

victim

Answer 30

a person who has suffered directly or indirectly as a result of a crime

Question 31

Victims' Charter

Answer 31

the *Victims' Charter Act 2006* (Vic), which recognises the impact of crime on victims and provides guidelines for the provision of information to victims

Question 32

alternative arrangements

Answer 32

measures that can be put in place for witnesses in certain criminal cases (e.g. as sexual offence cases) to give evidence in a different way (e.g. via video link)

Question 33

complainant

Answer 33

a person who makes a formal legal claim that another person has committed a criminal offence against them

Question 34

Victims Register

Answer 34

a register (i.e. database) maintained by the state of Victoria set up to provide the victims of violent crimes with relevant information about adult prisoners while they are in prison (e.g. the prisoner's earliest possible release date)

Question 35

parole

Answer 35

the supervised and conditional release of a prisoner after the minimum period of imprisonment has been served

Question 36

Right to be tried without unreasonable delay

Answer 36

An accused is entitled to have charges heard in a timely manner and any delays incurred should be considered reasonable (not specifically defined but depends on the case and circumstances. e.g. multiple accused, crime scenes, few to no witnesses etc). This right is protected by section 21(5) of the Human Rights Charter. In place because people have a basic right to liberty and security, and accused persons are presumed innocent until proven guilty. Sex offences - 3 months Summary - 12 months Children - ASAP

Question 37

Right to silence

Answer 37

An accused is not required to answer questions or give information as part of an investigation (other than provide their name and address), nor do they have to answer questions, give evidence, file any defence or call a particular witness in court. Silence is not to be interpreted as guilt. No adverse inferences can be drawn from this. Protected by common law and statute law (e.g. section 89 of the *Evidence Act 2008 (Vic).

Question 38

Right to trial by jury

Answer 38

A person charged with an indictable offence is entitled to be tried by their peers, in the form of a trial by jury. This involves a jury of 12 who have been randomly selected from the electoral roll hearing the case and determining whether the accused is guilty. This right is protected by section 80 of the Australian Constitution as well as the *Criminal Procedures Act 2009 (Vic) and *Juries Act 2000 (Vic)(but not the Charter)

Question 39

The right to give evidence using alternative arrangements

Answer 39

In cases involving: - a sexual offence - a family violence offence - an offence for obscene, indecent, threatening language or behaviour in public - an offence for sexual exposure in a public place alternative arrangements may be made which allows the victim/witness to give evidence in a different way. e.g.: - give evidence using closed-circuit television (or other like facilities) (evidence is recorded) - screens may block the accused from the line of sight of the witness - Limited people (specified by the court) allowed in while evidence is being given - court approved support person may be chosen by the witness to sit beside them while giving evidence as emotional support - Legal practitioners dressed informally (not in robes) - Legal practitioners remain seated while questioning witness Purpose: to reduce secondary trauma, distress, and intimidation. Protected by the Criminal Procedure Act

Question 40

The right to be informed about proceedings

Answer 40

The Victims' Charter requires investigatory agencies (police), prosecuting agencies (DPP) and victims services agencies (Victims of Crime Commissioner) to provide clear, timely and consistent information about support services, possible compensation entitlements and the legal assistance available to persons adversely affected by crime. Investigatory agency also required to inform a victim about the progress of an investigation (unless it may put the investigation at risk or the victim does not want to be informed) Prosecution must give: - details of offence accused is charged with - if no offence is charged, the reason - how the victim can find the date, time, and place of the hearing - the outcome of the criminal proceeding, including any sentence imposed - details of any appeal Victims may want this information to see justice done.

Question 41

The right to be informed of the likely release date of the offender

Answer 41

A person who is a victim of a criminal act of violence may apply to be on the victims register. Those on the register may receive certain information including: - being told at least 14 days before the prisoner is released on parole and have the right to: - know the length of the sentence - be told if the prisoner escapes - to make a submission if the imprisoned offender may be released on parole So the victim can feel safer. Protected by the Victims' Charter and the Corrections Act