Criminal law

Question 1

What are the 3 ways the CLC assist victims

Answer 1

Basic Legal Information: available to all depending on generalist/ specialist CLC accessible via online website
Duty Lawyer service: assist vic w fam. violence prot. order/ available at magistrate= give free legal advice+ representation
Ongoing casework: Ongoing casework 4 victim of crime/ application for financial assistance/ fam. vio. int. order

Question 2

Define Specialist CLC

Answer 2

These are established to focus on a particular group of individuals in society that may be deemed vulnerable to receiving legal assistance- EG. YouthLaw (under 25)

Question 3

What are the types of matters that are appropriate for CLC

Answer 3

-Family violence and related protection orders
-parenting arrangements
-tenancy and housing issues
-fines and infringements
- employment

Question 4

What are the 4 main ways VLA can assist the accused

Answer 4

Free Legal information: all accused, about law, crt process, rights, op. to speak w VLA on phone/ chat
Free Legal Advice: available (income test) -> x indictable matter (unless heard summarily). Help b4 crt service
Duty Lawyer: mag/childrens, income test (healthcare card) -> x income test for those in custody
Grants of Legal assistance: grants= capped, meet means and merits test

Question 5

What are the 4 main ways VLA can assist the victim

Answer 5

Free legal information: all victims, info about law, process, rights, information about application for fam. violence
Free Legal advice: victims seeking financial compensation assistance for suffered loss, support victims of crime has limitations obtaining to fanancial comp= support witness/ initiate litigation
Duty lawyer: mostly mag crt, x income test, child/ disabilities prioritized
Grants of Legal assistance: state reasonable test (benefit/ detriment that grant may have on public or person), limited matter -> fam. vio. prot. oder, safety int. order

Question 6

Define Duty Lawyer

Answer 6

VLA lawyer who is at crt on particular day= help ppl who came to crt for hearing -> generally x prior communications w accused

Question 7

Define right to be treated as a vulnerable witness

Answer 7

right refers to a situation whereby a victim is also a witness to the crime and may be required to testify in crt. Victim are entitled to certain adjustments to accommodate.
-For: sexual off, fam. violence, sexual exposure, obscene, indecent language, threatening behavior
-Adjustments: testify in a separate room, have a crt support dog- provided by crt, legal rep=x wear robes (less formal feel= relaxed vic)
-LEGI: Criminal Procedure 2009 (vic)

Question 8

Define right to trial by jury

Answer 8

should an accused plead not guilty to an indictable offence, their guilt must be determined by a group of 12 ‘peers’ rather than a judge alone
-How upheld: protected through encoded in legi
-LEGI: Juries Act 2000 (vic) and Criminal Procedures act 2009 (Vic)

Question 9

Define Right to silence

Answer 9

Refering to an entitlement whereby the accused doesn’t have to say or do anything when being charged with an offence
-How upheld: accused can refuse to answer any q’s and doesn’t have to give info. Cannot be forced to give evidence in a criminal trial/answer q’s
-LEGI: The Evidence Act 2008

Question 10

Define the right to be informed about the release date of the accused

Answer 10

victim of a criminal act of violence may apply to be included in the victims register, can receive certain info about an offender who had been imprisoned inclu. notifications of the release of the prisoner on parole at least 14 days b4 the release. Also notified if escaped
-EG for eligible crimes: kidnapping, stalking and rape/sexual offences

Question 11

What are 3 ways in which CLC can assist the accused

Answer 11

Free legal information: online information= available all accused= access website/ handbooks etc= common legal issues -> fines
Legal advice and assistance: provide face-face assistance -> drafting letters and completing forms eg. applying for legal assistance/ also assist with wills, resolving neighbor disputes, and employment contracts
Ongoing casework :Some CLC= provide case work/ assistance for accused involves representation and assistance, each CLC will have its own eligibility criteria

Question 12

Define merits test

Answer 12

test applies to recieveing grants of legal assistance. It is a test based upon the legal matter and seriousness of the offence
-Eg. VLA needs to consider is it in the interest of justice to fund the case- the extent of benefit or detriment to the accused or public in granting legal assistance

Question 13

What are 2 Strengths of CLC

Answer 13

-Free legal information= available -> compressive resource that provides accused people and victims of crimes w info, about crt process
-Legal info= in multiple lang. and free interpreter

Question 14

Define Right to be informed about proceedings

Answer 14

victims charter recognizes that victims may require additional support due to being adversely affect by the crime
-Information: details any appeal, why lesser/fewer charges have been laid, the date/time/place of hearing (support fairness- open process)

Question 15

Define VLA

Answer 15

Victorian Legal aid= an independent govt. funded agency that provides free legal information to the community and legal advice and representation to those who cannot afford to pay for a lawyer

Question 16

Define income test

Answer 16

Financial threshold applied by VLA =determine wheather duty lawyer= represent accused. Threshold met when acc. = show limited income eg. main source being govt. support

Question 17

Define means test

Answer 17

financial threshold that VLA applies when individual= seeking grants of legal assistance. Different to income test-> income+ assets. Person receiving less than $360 per/week after living expenses= deducted -> than eligible under means test

Question 18

Define CLC

Answer 18

Community legal centers- are independent, government funded organization that aim to provide free legal services for individuals incl. providing legal information, advice and ongoing assistance + representation ~ 47 CLC in Victoria

Question 19

What are 2 weaknesses of CLC

Answer 19

-poorly funded therefore limited resources ae available to support large no. of ppl throughout legal process
-cannot/ doesn’t aid ppl that are accused of must indictable crimes eg. murder

Question 20

Define Generalist CLC

Answer 20

These are established in designated suburbs or Local Government Areas (LGA) to serve that community eg. Ballarat and Grampians

Question 21

Define right to trial without unreasonable delay

Answer 21

Charter states that a person charged with a crim. offence is entitled to a guarantee that they will be tried without unreasonable delay (section 21 and 25)
-EG. sexual assult heard in 3 months

Question 22

Define Plea negotiations

Answer 22

a private discussion that happens within the criminal justice system in order for the accused to consider pleading to lesser or fewer charges
-When they happen: happen for both summary and indictable and can happen at any stage b4 sentencing
-Who: prosecution and accused (generally with their legal representation)
-How: phone, email, letter, face-face but can happen in writing. Both parties can initiate, usually accused

Question 23

Difference between lesser and fewer charges

Answer 23

Lesser= referring to the seriousness of the crime
Fewer= referring to the no. of charges

Question 24

At least 3 appropriateness for plea negotiations

Answer 24

-Accused willing to engage in neg. with the prosecution and plead guilty
- witness is reluctant or unwilling to give evi.
- The time and expenses involved in having a full trial in crt.

Question 25

At least 3 appropriateness for plea negotiations

Answer 25

-Accused not willing to engage in neg. with the prosecution and want to plead not guilty
- witness is willing and wanting to give evi.
- Crt needs to make example to public by accused not giving a lesser or fewer sentence

Question 26

3 strengths of plead negotiations

Answer 26

-pros. will consult w victims and may take their views into consideration when deciding weather to neg. to the accused
-vic, witness and families are saved from trauma, stress and inconvenience of the trial process -> secondary victimization
-allows crim. matter to be solved promptly -> maj. of crim. matter are determined through guilty plea

Question 27

3 weaknesses of plead negotiations

Answer 27

• may allow guilty party to be given lesser or fewer charge -> when offence not deserving of
• makes poor example for community
  -victims don’t want a plea neg. but happens anyway -> disrupts closure