Criminal Law - Chapter 3 Key Terms

Question 1

Accused

Answer 1

A person charged with a criminal offence

Question 2

Alternative Arrangements

Answer 2

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

Question 3

Beyond reasonable doubt

Answer 3

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

Question 4

Burden of proof

Answer 4

The obligation (i.e. responsbility) 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)

Question 5

Committal hearing

Answer 5

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

Question 6

Committal proceeding

Answer 6

The pre-trial hearings and processes held in the magistrate’s court for the indictable offences

Question 7

Human Rights Charter

Answer 7

The charter of Human Rights and Responsibilities Act 2006 (Vic). It’s main purpose is to protect and promote human rights.

Question 8

Imprisonment

Answer 8

A sanction that involves removing the offencer from society for a stated period of time and placing them in prison

Question 9

Indictable offence

Answer 9

A serious offence generally heard before a judge and a jury in the County Court or Supreme Court of Victoria.

Question 10

Jury

Answer 10

An independant group of people chosen at random to dtermine questions of fact in a trial and reach a decision (i.e. a verdict)

Question 11

Offencer

Answer 11

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

Question 12

Presumption of innocence

Answer 12

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

Question 13

Prosecution

Answer 13

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

Question 14

Sanction

Answer 14

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

Question 15

Standard of proof

Answer 15

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

Question 16

Summary offence

Answer 16

A minor offence generally heard in the Magistrates’ Court

Question 17

Victim

Answer 17

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

Question 18

Victims’ Charter

Answer 18

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