Legal SAC 1

Question 1

P.O.J: Fairness

Answer 1

Refers to having impartial processes and hearing.
For example:
- Impartial judge and a randomly selected impartial jury.
- Open courtrooms.

Question 2

P.O.J: Equality

Answer 2

Refers to all people being entitled to be treated the same before the law, no matter what race, age, sexuality, marital status, religion etc etc.
For example:
- Presumption of innocence being applied to everyone.

Question 3

P.O.J: Access

Answer 3

The ability to approach and utilise the legal system to resolve disputes, and the ability to understand legal rights and processes. 
For example:
- Koori court
- Drug court
- Appeals

Question 4

Indictable Offences

Answer 4

More serious criminal offences. Heard before a judge and jury in the higher courts if the plead is not guilty and the case is not heard summarily. Listed in the Crimes Act Vic.
For example:
- Homocide, rape etc etc

Question 5

Summary Offences

Answer 5

Minor criminal offences. Heard in the Magistrate’s court before a Magistrate as hearings. Mainly lost in the Summary Offences Act Vic.
For example:
- Speeding
- Drink Driving

Question 6

Burden of Proof

Answer 6

On the prosecution. MUST prove the accused guilt. The accused is not obliged to prove their innocence.

Question 7

Standard of Proof

Answer 7

Beyond Reasonable doubt. Means that no other logical or reasonable conclusion can be made from the facts of the case other than the accused being guilty.

Question 8

Presumption of Innocence

Answer 8

Every person is assumed not-guilty until they have gone before the court and been proven guilty. It is a very old common law right and is protected by the Charter of Human Rights and Responsibilities Act.

Question 9

The Rights of an Accused

Answer 9

3 rights available:

• right to be tried without unreasonable delay.
• right to a fair hearing.
• right to a trial by jury.

Question 10

Right to be tried without unreasonable delay.

Answer 10

Accused is entitled to have their case heard in a timely manner, and that delays should only occur if they are considered reasonable. The reasonableness depends on the complexity of the case and the legal issues involved.
Protected by Human Rights Charter

Question 11

Right to a fair hearing.

Answer 11

Accused is entitled to have the charge decided by a competent, independent and impartial court in a fair and public hearing.
2 parts:
- competent, independent and impartial court must decide the proceeding or charge.
- hearing must be fair and public (open courtroom).
Protected by Human Rights Charter.

Question 12

Right to a trial by jury.

Answer 12

All charged with an indictable offence are entitles to this. Protected by the Australian Constitution and Victorian Statute Law.

Question 13

Rights of Victims

Answer 13

3 rights available:

• right to give evidence as a vulnerable witness.
• be informed about the proceeding.
• be informed of the likely release date of the accused.

Question 14

Right to be heard as a vulnerable witness.

Answer 14

Available to victims of some criminal cases. Might be a child, a person who has a cognitive impairment, or the alleged victim of a sexual offence. Protected by Criminal Procedures Act and Evidence Act.

Question 15

Right to be informed on proceedings.

Answer 15

Victim is entitled to certain information about the proceeding and the criminal justice system. Information includes:
- details of the offences charged against the person.
- if no offence is charged, the reason why.
- two the victim can find out the date, time and place of the hearing.
- the outcome, including any sentence imposed.
- details of any appeal.
Protected by the Victims Charter

Question 16

Right to be informed of likely release date.

Answer 16

Person who is a victim of a criminal act of violence may apply to be included on the Victims Register. A person on the Victims Register may receive information on the likely release date of the prisoner, and their release on parole. other information include to be told if the prisoner escapes, the length of the sentence and the right to make a submission if the imprisoned offender may be released on parole. Protected by Victims Charter

Question 17

VLA

Answer 17

Government agency which offers free legal advice and low cost or no cost representation. More commonly active in criminal law and also researches legal issues, makes recommendations about law reform. Free legal info is available for everyone, Free legal advice is offered to those who need it most (low socio-economic), free duty lawyer is offered to those who satisfy the income test, legal assistance is offered to those who satisfy both the means and merit tests.

Question 18

CLCs

Answer 18

Independent organisations who provide free legal services - advice, information, representation. There are around 50 in Victoria. 2 types:
Generalist- Provide services for people living in a specific area.
Specialist - Focus on an area of law or group of people.
- Have eligibility criteria to determine who they will assist.
- Many only help in minor criminal matters.
- Funded by a mixture of government and private funds. VLA provides a large chunk of funding.
-Supply does not meet demand.

Question 19

Reason for court hierarchy

Answer 19

Specialisation:
- Courts can specify in hearing a group of similar criminal cases (e.g. Magistrates court specify in minor summary offences which need to be heard quickly and efficiently, County and Supreme Court specialise in hearing more complex matters.)
Appeals:
- If there are grounds for appeals the dissatisfied party can take the matter to a higher court to challenge the decision.
Doctrine of Precedent:
- Involves judges following previous decisions in future cases with similar facts. Process whereby decisions made by a higher court are binding, and must be followed by the lower courts in the sam hierarchy.
Administrative Convenience:
- Cases are distributed according to their convenience .
- Each court has it’s own specific jurisdiction allowing people to identify the appropriate court that the case will be heard in.
- Aim is to increase efficiency of the court system.

Question 20

Alternative Arrangements (Vulnerable Witnesses)

Answer 20

Can be made for witnesses in criminal proceedings for:
- a sexual offence, family violence offence, indecent behaviour in public or sexual exposure in a public place.
Alternative arrangements include:
- The witness may give evidence from somewhere other than the courtroom through closed-circuit TV.
- Screens can be used to remove the accused from the direct line of vision from the witness.
- a support person being present.
- only certain persons allowed in the courtroom.
- legal practitioners dressing informally.

Question 21

Special Arrangements for under 18s and people with cognitive impairment

Answer 21

available to witnesses in criminal proceedings for:
- a sexual offence, assault, injury or threat of injury.
Protections include:
- giving exam in chief by way of audio recording.
- the accused is not in the same room.
- the accused is not entitled to see and hear the complainant giving evidence.
- protection from improper questions.