Legal studies sac

Question 1

rights of an accused

Answer 1

1. right to be tried without unreasonable delay
2. right to a fair hearing
3. right to trial by jury

Question 2

explain right to be tried without unreasonable delay

Answer 2

• The Victorian Charter of Human Rights states that one charged with a criminal offence is entitled, without discrimination, to be charged without unreasonable delay
  3 elements:
  1. charges heard in a timely manner
• Criminal Procedures Act 2009 (Vic)
  Indictable offences
  ⦁ for offences other than sexual offences – within 12 months after the end of the committal proceedings
  ⦁ for sexual offences – within 3 months after the end of the committal proceedings
  ⦁ Summary offences - within 12 months after the accused has been charged
  2. Delays should only occur if they are reasonable.
  3. the right is without discrimination

Question 3

explain the right to a fair hearing

Answer 3

Section 24 of the Human Rights Charter entitles a person charged with a criminal offence to have the charge decided by a competent, independent and impartial court after they have received a fair and public hearing.
⦁ A fair hearing is ensured by upholding the principles of natural justice. EG
⦁ Providing both parties with an equal opportunity to present their case
⦁ The court provides reasons for their decisions
⦁ Right of appeal to a higher court to allow for the correction of errors.

Question 4

explain the right to trial by jury

Answer 4

Section 80 of the Commonwealth Constitution protects the right to a jury trial for Commonwealth indictable offences.
In Victoria, the Juries Act 2000 (Vic) (Section 22) provides the right to a jury to an accused who pleads not guilty to an indictable offence. There is no right to a jury trial for summary offences.
- provides for a trial by others in the community. enables community participation in the legal process, and for the law to be applied according to community standards.

Question 5

rights of victims

Answer 5

1. the right to give evidence as a vulnerable witness
2. the right to be informed about the proceedings
3. the right to be informed of the likely release date of the accused

Question 6

explain right to be informed about proceedings

Answer 6

The Victims’ Charter Act 2006 allows victims this right
prosecution, investigatory agencies and prosecuting services are required to provide victims with clear, timely and consistent information about:
⦁ support services,
⦁ possible compensation entitlements, and
⦁ legal assistance available to persons adversely affected by crime.
⦁ progress of an investigation
⦁ how the victim can find out the date, time and place of the hearing
⦁ the outcome of the criminal proceeding, including any sentence imposed
⦁ details of any appeal, and

Question 7

explain the right to be informed of the likely release date of the accused

Answer 7

A person who is a victim of a criminal act of violence can apply to be on the Victims Register.
Being on the Victims Register entitles the victim to receive information about an offender who has been imprisoned including:
⦁ Their likely date of release (including release on parole) at least 14 days before their release
⦁ The length of sentence
⦁ If the offender escapes from prison, and
⦁ The right to make a submission if the offender applies for release on parole.

Question 8

explain the right to give evidence as a vulnerable witness

Answer 8

The Criminal Procedures Act 2009 (Vic) recognises that for vulnerable witnesses, giving evidence in a formal courtroom may make them uncomfortable.

• could hinder efficiency of evidence
• add to trauma

Protected Witnesses
- cant be cross-examined by the accused
Alternative arrangements
⦁ giving evidence from a place other than the courtroom
⦁ the use of screens to remove the accused from the direct line of vision of the victim
⦁ enabling the witness to have a support person with them while they give evidence
⦁ legal practitioners may be required to not dress formally or be seated when asking questions.

Special protections for witnesses under 18 or with a cognitive impairment

Improper Questions
-Section 41 of the Evidence Act 2008 (Vic) gives the power to the court (in all types of cases) to disallow improper questions when a vulnerable witness is being cross-examined.
Improper questions include questions that are confusing, intimidating, offensive or harassing.

Question 9

committal proceedings

Answer 9

Committal proceedings are a criminal pre-trial procedure that takes place in the Magistrates’ Court that determine whether the case is a prima facie case and evidence of sufficient weight to charge the accused

Question 10

purpose of committal proceedings

Answer 10

⦁ to determine whether a charge for an offence is appropriate to be heard and determined summarily
⦁ to determine whether there is evidence of sufficient weight to support a conviction for the offence charged (ie a prima facie case)
⦁ to determine how the accused proposes to plead to the charge
⦁ to ensure a fair trial,

Question 11

committal hearing

Answer 11

The Committal Hearing is the main and final stage of the committal proceeding.
The purpose of a committal hearing is to determine whether or not to commit the accused to trial.

Question 12

Victorian legal aid

Answer 12

VLA is a government agency that provides free legal advice to the community, and low-cost or no cost legal representation for people who can’t afford to pay for a lawyer.

Question 13

role of legal aid

Answer 13

Provide legal aid in the most effective, economic and efficient manner

Question 14

Types of Legal Aid

Answer 14

Free legal information available to everyone
legal advice 
Legal representation 
Duty lawyers
grant of legal assistance 
- ⦁	Means Test: 
Income of no more than $360/week. 
⦁	Merits Test:
Order by the Court

Question 15

community legal centres

Answer 15

CLCs are independent organisations that provide free legal services (including advice, information and representation) to people who are unable to access other legal services.

Question 16

clc purpose

Answer 16

CLCs specialise in providing services to those who in the community who face economic, social or cultural disadvantage and whose life circumstances are often severely affected by their legal problem.

Question 17

2 types of clcs

Answer 17

general and specialist

Question 18

general clcs

Answer 18

Provide broad legal services to people in a particular local geographical area and can be found in metropolitan Melbourne, and in rural, regional and remote Victoria

Question 19

specialist clcs

Answer 19

Focus on particular groups of people or areas of law

Question 20

clcs role

Answer 20

⦁	Provide Legal Information 
⦁	Free Legal Advice 
⦁	Duty lawyer assistance
⦁	Legal casework services 
⦁	Assist with VLA applications

Question 21

plea negotiations

Answer 21

are discussions between the prosecution and the accused about the charges against the accused.
- can result in an agreement being reached between the prosecution and the accused about the charges that the accused will plead guilty to

Question 22

purpose of plea negotiations

Answer 22

⦁ To achieve the timely determination of a criminal case by eliminating the need for a full trial
⦁ To reduce the cost, time, stress, trauma and the inconvenience associated with a criminal trial/hearing - As successful plea negotiations negate the need for a criminal trial/hearing (other than a sentence hearing)
⦁ To achieve a fair resolution of the criminal case - by ensuring a plea of guilty to a charge that adequately reflects the crime that was committed.

Question 23

sentence indications

Answer 23

Sentence indications are given by a court to an accused to inform them of the sanction that is likely to be imposed on them if they plead guilty.

Question 24

purpose of sentence indications

Answer 24

⦁ To provide the accused with some clarity about the likely sentence that will be imposed if they plead guilty.
⦁ This assists the achievement of the timely determination of a criminal case by encouraging the accused to plead guilty and eliminating the need for a full trial.
⦁ Save the time, cost, resources, stress and inconvenience of having a full trial/hearing – therefore providing benefits to the accused, the victim/s and their families.