Legal Flashcards
commital hearing
a hearing conducted in the Magistrates’ Court to determine whether there is enough evidence to justify a conviction by a jury in a higher court,,, the purpose is to enable the accused to hear the evidence and cross-examine contentious issues and empower the accused to put forward a defence or to enter an early plea of guilt
difference between a crown prosecutor and defence barrister
Crown prosecutor is the title given in a number of jurisdictions to the state prosecutor, the legal party responsible for presenting the case against an individual in a criminal trial whereas The defence barrister represents the person accused of the crime. The defence do not have to prove that the accused is innocent, just that the prosecution’s arguments are not good enough.
police powers
The police have significant powers to enforce the law, but individuals have rights too, which must be respected. Examples are questioning, demanding name and address, arrests, seizes.
role of the jury
The role of a criminal jury is to decide guilt or innocence, provide unbiased decisions, ensure community involvement in the legal system, share decision-making and ensure that cases adhere to the principles of justice.
Decide the guilt or innocence of the accused – The main role of a criminal jury is to remain impartial, listen to the evidence and decide whether the accused is guilty ‘beyond reasonable doubt’.
Provide an impartial and unbiased decision-making body – The fate of an accused is in the hands of ordinary people who represent a cross-section of community. attitudes and values
POJ equality and access
Pre-Trial : Equality : Natural justice and equal opportunity for the victim and the accused, police investigations counter-balanced with individual rights and protections, criminal processes such as bail or remand, committal. procedures and direction hearings.
Access : to a number of complaints bodies such as the Office of Police Investigation, the Ombudsman, government departments and municipal councils.
Trial : Equality : Criminal processes such as the opportunity to cross-examine and challenge evidence.
Access : Access to a range of courts such as the Drug
or Koori courts, as well as the Neighbourhood Justice Centre Court.
Post-Trial : Equality : The use of sentencing hearings to ascertain culpability
Access : Access to a range of. rehabilitation programs
such as alcohol and other drug treatment programs, family violence or mental health programs, or a range of education, skills and training programs
koori court
The Koori Court aims to create sentencing orders that are more culturally appropriate to Koori offenders, thereby reducing the rate of re-offending.
magistrates court
The Magistrates’ Court is the lowest court in the hierarchy, and also the busiest; all criminal cases come before it in the first instance.
CCO - community correction order
a court order that allows a judge to use a range of rehabilitation conditions and deferred sentencing options.
Every CCO contains a number of standard conditions under the Act, such as not committing another offence punishable by imprisonment
Conditions include:
• unpaid community work
• treatment and rehabilitation
• supervision
Supreme court
Te Supreme Court is the highest court in the Victorian hierarchy, and is divided into two divisions: a trial division and a Court of Appeal.
police duties
pressuring peace, protecting life, detecting and apprehending offenders
