Criminal Justice System

Question 1

Summary Offence

Answer 1

These are minor offences such as drink driving, driving an unregistered vehicle or disorderly conduct.

Question 2

Heard in a Magistrates’ court
Never use juries in Magistrates’ court

Answer 2

Summary Offences

Question 3

Indictable Offence

Answer 3

These are serious criminal offences such as murder, culpable driving causing death or drug trafficking

Question 4

Can indictable offences be heard summarily?

Answer 4

Yes they can!
Trials for certain minor indictable offences can be heard summarily in the Magistrates’ court.

Question 5

> The offences has a penalty not exceeding 10 years imprisonment

> The court and accused agrees to have case heard summarily

Answer 5

Requirements of an indictable case heard summarily

Question 6

What are examples of Indictable offences able to be heard summarily?

Answer 6

> Recklessly causing injury

> Obtaining property by deception (under $100,000)

> Theft, Robbery and Burglary (under $100,000)

Question 7

Committal Proceedings

Answer 7

> Are used when the accused pleads not guilty to an indictable offence

> Determine if an indictable offence can be heard and determined summarily.

> It is where the parties present their case.

Question 8

Burden of Proof

Answer 8

Refers to the responsibility of proving the facts of a case. Thus, in criminal cases, the prosecution has the burden of proof.

Question 9

Refers to the strength of the evidence required to prove the guilt of the accused.

Answer 9

Standard of Proof

Question 10

What is Beyond Reasonable Doubt?

Answer 10

The standard of proof applicable in criminal proceedings which required the prosecution to prove that there is no reasonable doubt that the accused is guilty of the crime(s) they have been charged with.

Question 11

Presumption of Innocence

Answer 11

The right for all accused persons to be presumed innocent until it is proven, beyond a reasonable doubt, that they are guilty.

Question 12

What are the features of criminal justice that upholds the presumption of innocence

Answer 12

> Right to silence

> Right to apply for bail

> Right to appeal a case

Question 13

How do you get bail?

Answer 13

> The accused has the right to apply for bail. Thus, if the accused is refused, they will be detained (remanded) is custody until the case is determined by a court.

> Having bail means the defendant have the opportunity to prepare for the court case.

Question 14

> The rights to be tried without unreasonable delay

> The right to silence

> The rights to trial by jury

Answer 14

The rights of an accused

Question 15

The right to be tried without unreasonable delay

Answer 15

ensures an accused person has their case heard in a timely fashion. Hence, delays of the trial should only occur when a court considers such delays ‘reasonable’.

Question 16

What are factors that may be considered by a court to determine if the delay was ‘unreasonable’

Answer 16

> Length of Delay

> Numbers of offences committed

> Complexity of the case

> Reasons for the delay

Question 17

The right to silence

Answer 17

Ensures the presumption of innocence is upheld as an accused person’s choice to not speak during questioning or in court cannot be viewed as a sign of guilt.

Question 18

When can the right to silence be exercised?

Answer 18

> when being confronted by law enforcement at the time of an arrest or when being accused of committing an offence.

> In a court of law, meaning an accused can choose to remain silent instead of defending themselves against the prosecution.

Question 19

The right to trial by jury

Answer 19

Allows an accused persons to have their guilt, for the offence they have been accused for, to be determined by impartial members of the community rather than a single judge.

Thus, this right applies to people accused of INDICTABLE offences, who plead NOT guilty.

Question 20

Strengths of the right to be tried without unreasonable delay

Answer 20

> The accused does not have to endure prolonged periods of stress and anxiety while awaiting for they trial to begin

> Witnesses are more likely to remember the key facts of the events they saw if a criminal trial takes place in a reasonable time after the events in question occurred.

Question 21

Limitations of the right to be tried without unreasonable delay

Answer 21

> Trial = delayed, may still be considered ‘reasonable’ if the delay was a result of actions of the accused (e.g.. their alleged crime being particularly complex)

> If delayed, there is a risk of the memory of the witness fading or a witness may pass away, preventing a fair trial from being achieved.

Question 22

Strengths of the right to silence

Answer 22

> Presumption of innocence is upheld by the right to silence as an accused is presumed innocent, does not need to say anything to achieve this presumption.

> Reduces the power imbalance between the prosecution and the accuses as police are unable to coerce an accused into making false confessions.

Question 23

Limitations of the right to silence

Answer 23

> Although judge may direct a jury that an accused’s silence is not an indicator of their guilt, a jury may still inadvertently believe an accused failing to defend themselves is an indicator of guilt = potentially unfair results is produced.

> Can cause accused to be uncooperative with police, possibly resulting in barriers to justice for the victim/s

Question 24

Strengths of the right to trial by jury

Answer 24

> The use of a jury aims to ensure an accurate reflection of society is selected at random to determine an accused’s guilt = promoting fairness, as the jury is inherently impartial when making determinations

> Jury will encourage lawyers to speak clearly and avoid using legal jargon when presenting their evidence, promoting access as jurors and the parties can gain a better understanding of the court proceedings.

Question 25

Limitations of the right to trial by jury

Answer 25

> To have a jury decide a case is costly and time consuming for the criminal justice system as juror must be paid for their participation. = utilizing a jury may place a strain on the justice system and cause delays , impeding the ability of the right to trial without unreasonable delay to be satisfied for all accused persons.

> Juries may not always be impartial as they could be swayed by preconceived biases or emotions, deciding an accused’s guilt based on these factors as opposed to just the plain facts of the case.

Question 26

> The right to give evidence using alternative arrangements

> The right to be informed about the proceedings

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

Answer 26

Rights of the victims

Question 27

The right to give evidence using alternative arrangements

Answer 27

The right is provided to victims or witnesses of certain crimes in Victoria. This is where they can give evidence in court in a non-standard way. The purpose of this right is to reduce the trauma associated with giving evidence in court and encourage witnesses to provide such evidence.

Question 28

What are the types of crimes in which would be applicable for the right to give evidence using alternative arrangements?

Answer 28

> Sexual offences

> Family violence offences

> Summary offences involving the use of obscene or indecent language

> Summary offences involving sexual exposure

Question 29

What are the considerable alternative arrangement that can be enforced by the victim or witness?

Answer 29

> Give evidence from outside the courtroom by closed-circuit television (CCTV)

> Using a screen to remove the accused from the witness’ line of vision

> Allowing a person to be beside the witness while they are giving evidence to provide emotional support

> Closing the court to everyone except specified people while the witness is giving evidence

> Requiring legal practitioners to not wear a robe or requesting them to remain seated during examination- in- chief and cross-examination