outcome 1a Flashcards
principle of justice fairness
having fair, open and transparent processes for a criminal case and the opportunity for those involved in the case to be treated in an independent and objective manner - relates to process
principle of justice equality
people involved with a criminal case should be treated as equal before the law with an equal opportunity to present their case irrespective if the personal characteristics, economic ad social status
principle of justice access
being able to understand their legal rights and then legal processes surrounding their case. also having the ability to approach and use various bodies that can provide legal advice and assistance
distinction between indictable and summary offences
summary - minor - magistrates court - magistrate - hearing - summary offences act 1966 (vic) indictable - serious - county or Supreme Court - judge and jury - trial - crimes act 1958 (vic)
burden of proof
responsibility of the party who bing the action to court (criminal - prosecutor DPP) to prove the facts of the case
can be reversed - ie if the accused pleads self defence
standard of proof
the extent to which a case needs to be proved strength / weight of evidence of a criminal case is beyond reasonable
if all evidence is to be believed there is no other logical explanation
the presumption of innocence
guarantees an accused is considered not guilty until the charge is proven in court beyond reasonable doubt by the prosecution upheld by: - system of bail - right to silence - right to appeal
rights of an accused
found in the charter of human rights and responsibilities act
- the right to be tried without reasonable delay
- the right to a fair hearing
s80 of the constitution
criminal procedures act
juries act
- the right to trial by jury
the right to be tried without unreasonable delay
have case heard in a timely manner without unreasonable delay or discrimination (prior history doesn’t effect the trial’s decision)
complexity of case
- children awaiting trial a child should be brought to trial as quick as possible as children are at more risk than adults
the right to a fair hearing
- competent individual impartial court must decide the proceedings
- trial process should be transparent allowing for public scrutiny in some circumstances for a victim/childs best interest public and media can be excluded
the right to trial by jury
- a trial by other in the community and the opportunity for community participation allowing law to be applied by community standards
rights of victims
- the right to give evidence as a vulnerable witness
- the right to be informed about the proceedings
- the right to be informed of the likely release date of the accused
- the victims charter act 2006 (vic)
the right to give evidence as a vulnerable witness
a vulnerable witness is someone who is impressionable / at risk therefore requires protection
- children / persons under 18 yrs old
- people with cognitive impairment
- witness to SA cases
- witness within family violence violence cases
can give evidence from a place other than court
allowed a support person
can limit the amount of people in court when giving evidence
having informal dress in court
block the line of vision between the victim and accused
the right to be informed about the proceedings
- the progress of any investigation
- details of charges against the accuse d
- why a charge hasn’t been laid
- how the victims can find out details of the hearing including time, date and place
- the outcome of criminal proceedings
- any sentence imposed
- details of any appeals
the right to be informed of the likely release date of the accused
a victim of a criminal act of violence can apply to be put on the victims register which allows them the ability to know the likely release date
Vic legal aid (VLA)
includes legal education information advice and representation
aims to provide an equitable basis and improved access to legal remedies at a reasonable cost
- provide in most effective and efficient manner
- manage resources to provide at a reasonable cost
- provide improved access to justice and legal remedies
- pursue innovative means to provide legal aid
subjective with who the help because demand exceeds supplies
mainly indictable offences
government funded
community legal centres (CLC)
free legal assistance advice information and representation
generalist: provides for a specified geographical area
specialist: focus on area of law or group of people
- basic legal information largely provided online
- legal advice delivered in person (may include writing letters)
- duty lawyer assistance for representation or advice in court
- legal case work less common
subjective with who the help because demand exceeds supplies
mainly summary offences
government and private funded
purpose of committal proceedings
pretrial procedure, magistrates court where an accused is charged with one or more indictable offences and pleads not guilty
purposes
- to test the strengths of the prosecution’s case and establish whether there is enough evidence
- to determine whether the case can be heard summarily
- to hear the accused plea
- to ensure a fair trial
purpose of plea negotiations
accused and prosecution enter discussions about the charged laid to encourage early determination and avoid lengthy trials.
Assists in resolving criminal cases making sure negotiations reflect the crime committed and values
VICTIM CONSIDERED BEFORE NEGOTIATIONS
the appropriateness of plea negotiations
- whether the accused is willing to cooperate with investigators
- strength of the prosecution case
- accused is ready and willing to plead guilty
- witness and victim impacts (full trial impact)
- time and expense of full trial
- the “leniency” of sentance
- pressuring the accused
purpose of sentence indications
used to encourage early determination
can save time, cost, resources, stress and inconvieniences of a trial/hearing
earlier closer for the victims and families
when can sentence indications be given
- any time before trial commences
- prosecution consent not required (can oppose)
- can be given twice if a change in circumstances since the previous indication
- same judge can be used if pleads ‘not guilty’
- DPP seek victim views before opposing
- can indicate 1. a sentence of specified type or 2. a specified max total of sentence (Caps the sanction)
appropriateness of sentence indications - strengths
strengths
- early determination
- open court
- save money, time, ect.
- given by an experienced and impartial court
- certainty for parties
- minimise trauma and stress
appropriateness of sentence indications- weaknesses
weaknesses
- indication is given before all evidence is known denies - victims ‘day in court’ and possible impact statement
- the judge is not obliged to give one
- closed court
