introduction to the criminal justice system

Question 1

introduction to the criminal justice system

Answer 1

• The criminal justice system enforces criminal laws and handles criminal cases.
• It involves three main components: police, courts, and prisons.

Key purposes:
- Decide if an accused is guilty of an offence.
- Impose sanctions if the accused is found or pleads guilty.

Question 2

define criminal justice system

Answer 2

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

Question 3

define accused

Answer 3

a person charged with a
criminal offence

Question 4

define sanction

Answer 4

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

Question 5

define imprisonment

Answer 5

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

Question 6

define offender

Answer 6

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

Question 7

define Australian Constitution

Answer 7

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 8

define Commonwealth
offences

Answer 8

crimes that break
a law passed by the
Commonwealth
Parliament

Question 9

define statute

Answer 9

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 10

Each stage involves multiple processes
and bodies:

Answer 10

• the investigation stage includes the investigation of an offence and the charging of an accused
• the determination stage involves the courts deciding whether the accused is guilty and what sanction will be imposed
• the corrections stage involves overseeing any sanction imposed,
  such as imprisonment (the
  offender spending time in jail) as well as any post-sentencing procedures such as being monitored

Question 11

Therefore, each state and territory has its own criminal justice system, as well as laws that establish:

Answer 11

• what is considered a crime
• the processes used to decide if someone is guilty
• the maximum penalty that can be imposed for each specific crime

Question 12

The Code includes offences such as:

Answer 12

• engaging in a terrorist act
• people smuggling (where people help others to enter Australia illegally)
• espionage crimes (such as communicating information about national security to a
  foreign country)

Question 13

explain Australia’s criminal justice system

Answer 13

• Australia does not have a single, unified criminal justice system.
• The Commonwealth Parliament cannot make general criminal laws; this power is reserved for the states.
• States have authority to legislate for peace, order, and good government, and to maintain public order and protect individuals.
• Each state and territory has its own police force, courts, and prison system, though they are similar.
• The Commonwealth can make criminal laws related to its specific powers (e.g., customs duties), known as Commonwealth offences.
• Over time, there has been significant overlap between Commonwealth and state crimes.
• Some crimes can be both state and Commonwealth offences (e.g., certain drug offences).
• Many Commonwealth offences are detailed in the Commonwealth Criminal Code, established by Commonwealth Parliament.

Question 14

Victoria’s courts

Answer 14

• Main courts in Victoria for criminal cases:
  
  • Magistrates’ Court
  • County Court
  • Supreme Court
• Specialist court:
  
  • Children’s Court: handles cases involving children (ages 10-17) accused of crimes, except for serious crimes like murder and arson causing death, which are heard in higher courts (County Court or Supreme Court).

Question 15

A criminal case involves two parties:

Answer 15

• the prosecution (the party prosecuting the case against an accused, and generally representing
  the community)
• the accused (the person or organisation alleged to have committed a crime).

The victim is not a party to a criminal case and does not bring the court action.

Question 16

the prosecution

Answer 16

• Prosecution: Party presenting evidence in court on behalf of the state (or Commonwealth) against an accused person.
  
  • Includes the prosecutor, who has special duties and obligations.
• In Victoria:
  
  • Office of Public Prosecutions (OPP): Works with the Director of Public Prosecutions (DPP) and Crown Prosecutors to prosecute serious crimes in the County Court and Supreme Court.
  • Victoria Police: Usually prosecutes less serious crimes in the Magistrates’ Court.
  • Other organisations (e.g., local councils, VicRoads, WorkSafe Victoria) also have the power to prosecute less serious offences.

Question 17

define prosecution

Answer 17

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

Question 18

define prosecutor

Answer 18

the representative of the prosecution who is responsible for conducting the criminal case and appearing in court

Question 19

define Office of Public
Prosecutions (OPP)

Answer 19

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

Question 20

define Director of Public
Prosecutions (DPP)

Answer 20

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

Question 21

the accused

Answer 21

• Accused: Person(s) charged with a crime; there can be multiple accused in a case.
• Companies: Can be charged with offences such as taxation fraud, workplace health and safety violations, wage theft, and environmental offences.
• Example: Commonwealth Director of Public Prosecutions (CDPP) charged two individuals with importing a commercial quantity of ephedrine (used to manufacture ‘ice’).
  
  • The case was tried by a jury in the County Court.

Question 22

define jury

Answer 22

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 23

define liability crime

Answer 23

do not involve a guilty mind, the actus reus is enough to establish guilt
- crimes such a speeding or running a red light

Question 24

define criminal law

Answer 24

a person found guilty of a crime receives a sanction (a penalty or punishment) imposed on them by the court
- cases involve the state (for state indictable offences), which bring the actions against the accused (person charged with a criminal offence)

Question 25

define crime

Answer 25

an act or omission that is against an existing law, harmful to an individual or to society as a whole and is punishable by law