Legal studies AOS 1 unit 3 1A Flashcards
What establishes the legal system in Australia?
The Australian constitution establishes the legal system and defines the boundaries of law-making powers.
What type of government does Australia have?
Australia is a constitutional monarchy.
What are the three main bodies of power in Australia?
- Legislative
- Executive
- Judicial
What are the two main types of law in Australia?
- Statute law
- Common law
What is the primary role of parliament in Australia?
To debate and pass laws for peace and good governance.
What system do Australian parliaments follow?
Bicameral system.
What is the process of statute law in Australia?
- A bill is introduced into the lower house
- Read, consider + debate x3
- Vote (majority required)
- A bill is introduced to the upper house
- Read, consider, debate x3
- Vote (majority required)
- Royal assent
Define ‘Rule of Law’.
Everyone is bound by law and expected to follow it; law must be applied equally and fairly.
What is the timeline of a criminal case?
- Investigation of a crime
- Charges against an accused
- Pre-trial procedures
- Determining guilt
- Sentencing
- Post sentencing procedures
What is the burden of proof?
Refers to the party responsible to prove the case.
True or False: Everyone is presumed innocent until proven guilty.
True
What are summary offences?
- Heard at the magistrates without a judge or jury
- Maximum imprisonment is 2 years
- May be heard in absence of the accused
What are indictable offences?
- Serious crimes
- Cannot be heard in the absence of the accused
- Sanctions are more severe
What are indictable offences heard summarily?
- With the consent of the accused
- Spares resources and time
- Punishable by sentence of less than 10 years jail
What are committal proceedings?
When a person is charged with an indictable offence and pleads not guilty, a committal proceeding will take place at the magistrates court. Committal proceedings are court hearings held in the Magistrates’ Court to decide whether there is sufficient evidence against an accused person charged with a serious criminal offence to order them to face trial in a higher court.
List the rights protected under the charter of human rights and responsibilities act in Victoria for the accussed
- Right to silence
- Right to trial by jury
- Right to be tried without unreasonable delay
Define ‘fairness’ in the context of justice.
A ‘just’ outcome is one that is fair, meaning that all people can participate in the criminal justice system and that its processes are impartial and open.
What does equality mean in the context of law?
The state of being equal before the law, especially in status, rights, or opportunities.
What is access in the context of legal rights?
The extent to which people can understand their legal rights and the degree to which they can pursue them.
What is Victorian Legal Aid (VLA)?
A staturory authority established under the Legal Aid Act 1978(Vic). It is funded by the commonwealth and Victorian Governments, and its role is to provide a range of legal aid servies at low or no cost to people charged with criminal offences who would otherwise not be able to afford them.
List criticisms of VLA.
- Underfunded
- Many ineligible for services
- Criticized for representing notorious criminals
What are Community Legal Centres (CLCs)?
Not-for-profit legal assistance service providers that offer legal services, advice, and representation.
What types of CLCs exist?
- Generalist CLCs
- Specialist CLCs
What are the benefits of an early guilty plea?
- Saves time for courts
- Saves resources of the courts
- Justice is delivered promptly
- Victims and witnesses are spared experience
What are the strengths of plea negotiations?
- Prompt determination of cases
- Saves trauma for victims
- Provides certainty of outcome
What is the original jurisdiction of the Magistrates Court?
Small, minor summary offences, some indictable offences heard summarily.
What is the appellate jurisdiction of the County Court?
Appeals from the Magistrates Court and other serious offences.
What is the original jurisdiction of the Supreme Court (Trial Division)?
Unlimited criminal jurisdiction.
What is the appellate jurisdiction of the Supreme Court (Court of Appeal)?
All appeals for crimes.
What is the significance of the court hierarchy?
It ensures a structured system for handling cases and appeals.
What are the three principles of justice in the Victorian criminal justice system?
- Fairness
- Equality
- Access
Define fairness in the context of the criminal justice system.
A ‘just’ outcome is one that is fair, meaning that all people can participate in the criminal justice system and that its processes are impartial and open.
What opportunities must be provided to ensure fairness?
- Know the case against them
- Present their case
- Rebut the prosecution’s case
- Appeal a decision
Define equality in the context of the criminal justice system.
Equal treatment before the law regardless of characteristics and beliefs such as gender or religion.
How is equality achieved in the criminal justice system?
- Processes free from bias or prejudice
- Decision makers should be independent and impartial
- Equal opportunity to present their case
What does access refer to in the criminal justice system?
Access means that all people should be able to engage with the criminal justice system and its processes on an informed basis. People must be aware of their rights, understand them and be able to pursue their case.
How is access achieved in the criminal justice system?
- Access to legal institutions (courts, VLA)
- Access to bodies and institutions that provide legal advice, information, and assistance
What are summary offences?
Minor offences heard in the magistrate’s court by a magistrate alone, may be heard in absence of the accused.
Give an example of a summary offence.
Traffic offences, including drink driving.
Define indictable offences.
The most serious offences under the Crimes Act 1958, generally heard in the County or Supreme Court.
What must happen for an indictable offence to be heard summarily?
The defendant must consent, and a magistrate must agree.
What is the burden of proof in criminal cases?
The obligation of the prosecution to prove the defendant’s guilt beyond reasonable doubt.
What is the standard of proof in criminal cases?
The strength of evidence required to prove facts beyond reasonable doubt.
What does the presumption of innocence ensure?
Every person accused of a crime is presumed innocent until proven guilty beyond reasonable doubt.
Under what circumstances can bail be denied?
- Reasonable chance the accused may reoffend
- History of offences
What is the right to silence?
An accused person does not have to answer any questions or give evidence in court.
What does the right to be tried without unreasonable delay entail?
Entitlement to be tried without unreasonable delay, ensuring timely hearings.
What is the time frame for indictable offences to be tried in the Supreme Court?
Within 12 months of a committal proceeding.
What is the right to a fair hearing?
Entitlement to have charges decided by a competent, independent, and impartial court.
What is the role of a jury in a criminal trial?
To deliberate and determine whether the prosecution has proven the defendant’s guilt beyond reasonable doubt.
What rights do victims have under the Victims Charter Act 2006?
- Right to be informed about proceedings
- Right to give evidence as a vulnerable witness
- Right to be informed of the likely release date of the accused
Who is considered a victim under the Victims Charter Act?
- Someone who has suffered injury directly as a result of a criminal offence
- A family member of a deceased person due to a criminal offence
- Witnesses to a scene
- A child under 18 or with a mental impairment
What provisions exist for vulnerable witnesses?
- Alternative arrangements for giving evidence, such as via CCTV or behind a screen
- Disallowing improper questions during cross-examination
What is the role of Victoria Legal Aid (VLA)?
To provide legal advice and representation to those unable to afford legal assistance.
What is a key weakness of the VLA?
Dependence on government funding, leading to a lack of resources and inability to assist all in need.
What is the function of Community Legal Centres (CLCs)?
- Provide basic legal information
- Offer initial legal advice
- Make referrals for legal representation
What types of legal services do generalist CLCs provide?
- Broad legal services
- Initial advice to people in a particular geographical area
What is an example of a specialist CLC?
Family Violence Prevention & Legal Service in Ballarat.
What services do Generalist CLCs provide?
Broad legal services and initial advice, such as issuing and defending summonses, preparing documents like short letters or completing forms
Example: St Kilda Legal Service has its own eligibility criteria and assists with minor criminal matters.
What is the focus of Specialist CLCs?
Specific groups of people requiring help in specialized areas of law
Example: Family Violence Prevention & Legal Service in Ballarat assists clients with family law or domestic violence.
What is the role of CLCs in improving access to legal services?
Improves equality for those needing help with basic documents and referrals for those who cannot afford legal representation.
What is a key limitation of CLCs?
They do not provide access to specific and complex information or assist those charged with indictable offences.
What are the similarities between VLA and CLC?
Both provide free legal services to the community and focus on people perceived to hold a disadvantage.
What is a major difference between VLA and CLC?
VLA is a statutory authority, whereas CLCs are independent community organizations.
What is the purpose of committal proceedings?
To determine if there is enough evidence to proceed to trial for indictable offences.
What occurs during a filing hearing in committal proceedings?
Sets a timeline for the case progression and informs the accused about the evidence against them.
What is a hand-up brief?
A set of documents detailing charges, relevant facts, and evidence the prosecution intends to present.
What happens during mention hearings?
The accused is asked how they will plead and a date is set for sentencing or committal hearing.
What is determined during committal hearings?
Whether a prima facie case exists for the accused to be tried in a higher court.
How do committal proceedings uphold the principle of fairness?
They ensure the accused has access to relevant evidence and an impartial magistrate.
What is the significance of the hand-up brief in committal proceedings?
It ensures the prosecution’s case is adequately disclosed to the accused.
What is the outcome for over 70% of accused in committal proceedings?
They plead guilty, avoiding trial and saving time and funds.
What are the two main purposes of committal proceedings?
- Ensure fairness by providing access to evidence
- Determine the future direction of the case
What is one way committal proceedings achieve the principle of equality?
The accused is treated equally before the law and provided an opportunity to present their case.
What do plea negotiations involve?
Private negotiation between the accused and the prosecution that may occur at any time from charge to verdict.
What is the main purpose of plea negotiations?
To resolve the case in a timely manner, avoiding expensive and time-consuming trials.
Fill in the blank: The main purpose of committal proceedings is to determine whether there is a _______ case.
prima facie
True or False: Committal proceedings can help reduce delays in the criminal justice system.
True
