outcome 1 area of study 1

Question 1

describe the right to give evidence as a vulnerable victim

Answer 1

can include children and victims of sexual assault. criminal procedures act 2009 (vic) suggests they can have a support person, give evidence via CCTV or have a screen between them and the accused. the court can also require legal practitioners to remain seated and not wear robes/wigs.

Question 2

describe the victims rights to be informed about proceedings

Answer 2

The Victims Charter 2006 (vic) requires that the victim be informed about the investigation when possible. They should be informed about;

• charges against the accused
• the outcome, including sentencing
• details of any appeals

Question 3

factors that affect fairness

Answer 3

• personal bias from a judge or jury
• lack of legal representation
• lengthy trials/delays
• laws & court rules not properly applied

Question 4

what is equality

Answer 4

the state of being equal, especially in status, rights and opportunities. everyone should be treated the same. they should be treated equally before the law with an equal opportunity to present their case.

Question 5

how is equality achieved

Answer 5

• everyone can have legal aid
• use of a judge and jury
• the extent to which the laws apply equally to everyone

Question 6

factors that affect equality

Answer 6

• bias towards certain races, individuals etc
• lack of understanding eg. language barrier
• lack of legal representation

Question 7

what is access

Answer 7

the ability to approach or make use of. people should understand their rights and pursue their case. able to approach bodies and receive information about dispute resolution processes and outcomes

Question 8

what is fairness

Answer 8

the impartial and just treatment of behaviour without favouritism or discrimination. not everyone gets the same thing. includes fair processes and fair hearing. people should understand court processes, present their defence and rebut the opposing case.

Question 9

what is an indictable offence

Answer 9

serious criminal offences that have the right to be tried before a judge and jury of 12. in either the county or Supreme Court

Question 10

how is access achieved

Answer 10

• access to legal aid
• access to use of appeals
• availability of courts and legal processes
• access to bail

Question 11

factors that affect access

Answer 11

• costs and delays of legal aid/advice

- lack of understanding surrounding legal rights and processes

Question 12

what is a summary offence

Answer 12

minor criminal offence heard in the Magistrates Court eg. minor assaults or traffic offences

Question 13

describe the right to be tried without an unreasonable delay

Answer 13

the accused must be brought promptly before a court. they have the right to be released if this does not happen. they must be tried without unreasonable delay

Question 14

describe the right to bail

Answer 14

this allows a person to be released, conditionally, before a trial or hearing. Bail is part of recognising that all people are innocent until proven guilty. Usually it has conditions such as regularly reporting to police. If bail isn’t granted they will be held on remand eg. if they are a threat to the community. Bail is a balancing act. For individuals rights (accused) v the community

Question 15

what is the presumption of innocence

Answer 15

that if an accused is charged with a criminal offence has a right to be presented as innocent until proven guilty. this emerged through common law in Victoria but is re enforced in the charter of human rights and responsibilities act 2006

Question 16

how is the presumption of innocence maintained?

Answer 16

maintained through the standard and burden of proof being so high and through the access to bail. they also have the right to remain silent, for indictable offences police must have enough evidence for a conviction before going to trial

Question 17

how is fairness achieved

Answer 17

• an unbiased judge and jury
• fair trial/hearing
• right to legal aid regardless of plea
• understanding legal processes
• trial being heard within a reasonable time

Question 18

describe the victims right to be informed about the release date of the accused

Answer 18

if on the victims register, victims can;

• know the offenders earliest release date
• know the offenders parole status and conditions

they can also write a letter to the adult parole board stating how the offenders release may effect them etc

Question 19

describe the right to a fair trial

Answer 19

the accused has the right to have their case heard by an independent and impartial body. the two parties have equal opportunity to plead their case. the accused is allowed to remain silent, this silence cannot be taken as an admission of guilt

Question 20

what are the rights of the victims

Answer 20

the victims charter 2006 (vic) suggests victims of a crime should be treated fairly by all parties involved in the case such as the police, prosecution and any victim services provided

Question 21

what should the victim be informed about

Answer 21

• his/her rights and services available
• if anyone has been charged
• if the accused has received bail
• to seek compensation from the person who committed the crime
• the right to tell the judge/Magistrate how the crime impacted them via Victim impact statement

Question 22

describe the right to a trial by a jury

Answer 22

the accused has aright to a jury in indictable offences, they must be unbiased. they are not subject to government influence. in the commonwealth this is presented in the constitution and in Victoria the criminal procedures act 2009 (vic)

Question 23

describe the right to an impartial, fair and public hearing?

Answer 23

everyone has the right to have a qualified judge or magistrate hear their was win an unbiased manner. the hearing must be open to the public so they are transparent and so it is seen everything is done fairly.