Key Concepts in the Criminal Justice System

Question 1

Define summary offences + 2 examples

Answer 1

Less serious offences heard in the Magistrate’s Court by a Magistrate (e.g drunk driving, minor assaults)

Question 2

Define indictable offences + 2 examples

Answer 2

Serious offences heard in the County or Supreme Court (e.g rape, murder)

Question 3

Criteria for indictable offences to be heard summarily + 2 examples

Answer 3

Punishments of less than 10 years imprisonment or a fine less than 1200 penalty units (e.g theft + burglary when amount is under $100k)

Question 4

Burden of proof

Answer 4

The responsibility of a party to prove the facts of a case

Question 5

Standard of proof

Answer 5

The strength of evidence needed to prove a case

Question 6

The presumption of innocence

Answer 6

The entitlement for people accused of crimes to be treated and presumed as if they were innocent until proven guilty

Question 7

How is the presumption of innocence upheld in our legal system (2)

Answer 7

Right to silence, high standard of proof