Legal Unit 3 AOS 1A Flashcards
1
Q
Rights of accused (unrsnbl delay)
A
-Guarantee that charges heard in timely manner
- Delays must be “rsnbl”
- Accused child brought ASAP (impact greater)
- Supported by Sec. 21(5) - HR Charter
2
Q
Rights of accused (silence)
A
- Can refuse questions/give info except name and address
- Not req to give ev, call wit or file defence
- Has been held against ppl in past
- Supported by common law and Sec 89 - Ev Act 2008
3
Q
Rights of accused (trial by jury)
A
- Person charged w/ ind offence entitled to be tried by peers
- Supported by Sec 22 - Juries Act 2000 and Sec 80 - Const
4
Q
Rights of vicims (give ev using alt arrangements)
A
- Reduce sec. trauma/intimidation
- Avail for sexual/FV/obscene+indecent+threat lang or beh and sexual exp in pub
- Such as screens, give ev w/ CCTV or video link, support person/dog, only specific people in crtrm when giving ev, legal prac seated/no formal attire when q
- Supported by Sec 360 - Crim Proc Act 2009
5
Q
Rights of victims (inf about proceedings)
A
- Invest agencies (VicPol or DPP) should inf victims on progress of case, court dates, offence details, outcome/sentence/appeal and reason why no charge
- Inf about support serv, entitlements to comp and legal ass avail
- Clear/timely/consistent info
- Not given if not wanted or puts inv at risk
- Supported by Sec 7-9 - Victims Charter Act 2006
6
Q
Rights of victims (inf of likely off. release date)
A
- Victim can apply for Victims Register (after crim act of viol)
- Inf length of sent, if pris escapes, info of likely parole release 14 days prior
- Can make a submission before potential parole release
- Supported by Sec 17 - Victims Charter and Corrections Act 1986
7
Q
VLA (definition)
A
A government agency providing free legal info to the community, and legal advice and rep to those who cannot afford a lawyer
8
Q
VLA (facts)
A
- Prioritises those who need it most and cannot get it any other way
- 2021-22, VLA saw 80,547 unique clients
- Est and supported by Legal Aid Act 1978
9
Q
VLA (objectives)
A
- Provide legal aid effec, econ and effic
- Make legal aid aff. on an equitable basis
- Provide comm. with improved justice and legal remedies access
- Respond to legal needs of comm.
- Innovate in prov. legal aid to minimise need for indiv. legal services
10
Q
VLA (assistance for accused)
A
- Free info (court proc/principles info, booklets, fact sheets, pub law lib)
- Free advice (Mag only, Help B4 Court service assigns lawyer to help prepare if court date 6 or more away, may give adv on day)
- Duty lawyer serv (Give info on court happenings, offer adv or rep on day, 1st=FN and in custody, no tests needed to be elig)
- Grants of legal ass. (Ass by VLA lawyer or priv from VLA board of prac, helps res matters, prep docs and rep, strict guidelines w/ grants capped)
11
Q
VLA (availability of services for accused)
A
- Info = all accused
- Advice = depending on income
- DL service = Adv (income test + straightforward charge) or rep (income test + sig charge or in priority group like FN, homeless, disab/brain inj, poor English)
- GoLA = means test + consider ben/det grant has on indiv/comm.
12
Q
VLA (how do victims need to be helped)
A
- Nav JS, understanding rights appeals and options
- Advice on prot orders
- $ ass. due to loss suffered from crime
13
Q
VLA (victims could seek fin ass. through)
A
- Victims of Crime Fin. Ass. Scheme (violent crime)
- Restitution (return stolen pty.) or compensation (loss/inj) orders
- Could sue instead
14
Q
VLA (assistance for victims)
A
- Free info (court proc/principles info, booklets, fact sheets, pub law lib, Vic. Leg. Serv. provides adv to vic thru helpline in many lang)
- Free adv (Vic. Leg. Serv. provides adv and support on appl. for fin ass. or comp. from offender, only seeking comp so no supporting wit or ass in civil proc)
- DL service (ass. victims seeking PSI order, helps understand, how to self-rep and where to access serv, can rep on day)
- GoLA (Limited to PSI or FVP order, may be ass by VLA lawyer or priv from BOP, not provided to those intending to sue)
15
Q
VLA (availability of services for victims
A
- Info = all victims
- Adv = victims seeking comp for loss suffered
- DL serv = most in need of ass., disabled and children #1
- GoLA = reasonableness test
16
Q
VLA (income test)
A
Acc. must show they have limited income (#1 src = social welfare from gov), checks elig. for duty lawyer rep
17
Q
VLA (means test)
A
Acc. net assets (<$1095) and net weekly income (<$360), checks elig. for GoLA [FACT: 2014 Productivity Commission report states only 8% of households satisfy this test]
18
Q
VLA (reasonableness test)
A
Nature and extend of any benefit/detriment assistance may have on person/public, as well as chance of fav outcome for victim
19
Q
VLA (strengths)
A
- Free info and adv (to those elig, vulnerable #1)
- Rep = quicker trial (2 SC 2013 trials delayed due to lack of rep)
- Online access for rural
- 30+ languages, access
20
Q
VLA (weaknesses)
A
- Strict elig req’s
- Little info on ind off
- Hyper-reliant on limited gov funding
- Limited awareness of VLA
21
Q
CLCs (definition)
A
Indep. orgs that provide free legal services including advice, info, ongoing ass. and rep. (not for ind off mostly)
22
Q
CLCs (generalist vs specialist)
A
Gen = provide broad legal serv. to individuals in certain geo. area (Eastern Comm. Legal Centre)
Spec = focus on particular group of people or area of law (YouthLaw for <25s)
23
Q
CLCs (assistance for accused)
A
- Free info (basic info and edu, “The Law Handbook” by Fitzroy LS provides info on crim matters like fines
- Adv/ass. (Forms, letters, appl. for GoLA help, some can ask q’s w/o appointment like Express Legal coffee van from Whittlesea Comm. Conn. Comm. Legal Centre)
- Ongoing casework (some prov ongoing legal ass/rep, each CLC has diff elig. reqs)
24
Q
CLCs (assistance for victims)
A
- Spec (some assist certain victims like Women’s Legal Serv Vic - DV legal ass, YouthLaw, etc.)
- Free info (fact sheets, booklets, Djirra [culturally safe and acc services] has FV fact sheets, Womens LSV has info on appl for $ ass)
- Adv/ass. (Advice and ass w/ forms or appl., can visit or call for free adv, YouthLaw has helpline)
- DL services (some provide for those seeking PSI or FVP order, DL at Melb Mag from Women’s LSV for FV prot)
- Ongoing casework (some prov ongoing legal ass/rep, each CLC has diff elig. reqs, most related to $ ass, FVP or PSI)
25
Plea negotiations (definition)
Pre-trial discussions between the prosecution and accused that aim to solve the case by agreeing on an outcome to the criminal charges laid
26
Plea negotiations (facts)
- Sentence still court determined
- Can happen at any time
- Victims views should be taken into account before agreeing
- Neg fall through = anything est is inadmissible as ev against acc during trial
- Conducted on a "without prej" basis
27
Plea negotiations (usual agreements)
- Acc pleads guilty to a no of charges, other dropped
- Acc pleads guilty to lesser offence (dang. driving causing death rather than culpable)
- Acc pleads guilty but an agreement of facts on which plea is based will be reached
28
Plea negotiations (purposes)
- Removes acquittal risk - certainty of outcome
- No need for hearing, avg 21-28 and 8-11 days saved in SC and CC
- Prompt res, less sec trauma/inconv.
29
Plea negotiations (appropriateness)
- Firstly, if in public interest
- Acc willing to coop and plead guilty
- Strength of ev and defences
- Rep of acc (don't neg w/ self-rep)
- Wit reluctance to give ev
- Adv conseq (trauma, stress)
- Victim's views
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Plea negotiations (strengths)
- Money, time and res. saved
- Prompt determination, certainty of outcome
- Views of victim part of proc
- Reflects criminality of crime
- Limits stress/trauma exp by victim
31
Plea negotiations (weaknesses)
- Priv - lack of transparency
- Can be viewed as bypassing standard of proof
- Victim's views not determinative, may be seen as "let off"
32
Role of parties (summary)
Pros: Disclose info to accused, participate in trial/hrg and make subm about sentencing
33
Court hierarchy (appeal facts)
- Appellant appeals against the respondent
- Grounds for appeal include
- Q of law (law not followed, stat misint or inad ev heard)
- Conviction (only by off)
- Sev/leniency of sent imp (off on basis it was manifestly excessive)
- Leave generally required to appeal
- DPP v Abdelmalek [2022] saw an increased sent being imposed after hearing new wit imp statements
34
Sanctions (definition)
A penalty imposed by a court on a person guilty of a criminal offence
35
CCO (definition)
A non-custodial, supervised sentence served in the community, addresses offender's criminal behaviour and helps them to undergo treatment or take part in edu/voc/personal dev. programs while still in the comm.
36
CCO (facts)
- Max of 2 yrs (Mag), 5 yrs anywhere
- Can be combined w/ fine or up to 1 yr imprisonment
- Cannot be imposed for Cat 1 or Cat 2 offences (except if cooperated and assisted inv/pros to a sig. extent or if mentally impaired)
37
CCO (core conditions)
- No crimes punishable by prison
- Must report to specified CC centre within two working days of order coming into force
- Report to and receive visits from CC officer
- Notify officer of change of address or employment within two working days after change
- No leaving VIC without permission
- Comply w/ any dir of CC officers
38
CCO (additional conditions)
- Unpaid community work (up to 600 hours)
- Supervision
- Treatment and rehab
- Non-association
- Curfew (remain in specified place by the order during hours)
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