Definitions

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 there is no reasonable doubt that the accused committed the offence.

Question 4

Burden of proof

Answer 4

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. prosecution in criminal cases).

Question 5

Standard of proof

Answer 5

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

Question 6

Committal hearing

Answer 6

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 7

Committal proceeding

Answer 7

the pre-trial hearings and processes held in the magistrates’ court for indictable offences.

Question 8

Human Rights Charter

Answer 8

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

Question 9

Victim’s Charter

Answer 9

the Victim’s Charter Act 2006 (Vic), which recognises the impact of crime on victims and provides guidelines for the provision of information to victims.

Question 10

Victim

Answer 10

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

Question 11

Summary offence

Answer 11

a minor offence generally heard in the magistrates’ court.

Question 12

Indictable offence

Answer 12

a serious offence generally heard before a judge and a jury in the Country or Supreme Court.

Question 13

Presumption of innocence

Answer 13

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

Question 14

Jury

Answer 14

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

Question 15

Prosecution

Answer 15

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

Question 16

Access

Answer 16

One of the principles of justice; access means that all people should be able to engage with the justice system and its processes on an informed basis.

Question 17

Equality

Answer 17

One of the principles of justice; equality means people should be treated in the same way, but if the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage.

Question 18

Fairness

Answer 18

One of the principles of justice: fairness means all people can participate in the justice system and its processes should be impartial and open.

Question 19

Community legal centre (CLC)

Answer 19

An independent community organisation that provides free legal services to people who are unable to pay for those services.

Question 20

Jurisdiction

Answer 20

The lawful authority (or power) of a court, tribunal or other dispute resolution body to decide legal cases.

Question 21

Legal aid

Answer 21

Legal advice, education or information

Question 22

Plea negotiations

Answer 22

Pre-trial discussions between the prosecution and the accused, aimed at resolving the case by agreeing on an outcome to the criminal charges laid.

Question 23

Bail

Answer 23

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

Question 24

Parole

Answer 24

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