SAC 1A Definitions Flashcards
define accused
a person charged with a criminal offence
define alternative arrangements
measures which can be put in place for witnesses in certain criminal cases to give evidence a different way. (sexual offence cases via video link)
define beyond reasonable doubt
the standard of proof in criminal cases. this requires the prosecution to prove there is no reasonable doubt that the accused committed the offence.
define burden of proof
the obligation of a party to prove a criminal case. the burden of proof usually rests with the party who initiates the case —> prosecution in criminal case, plaintiff in civil case.
define committal hearing
a court hearing that is held as part of the committal proceeding in the magistrates court. at a committal hearing, the magistrate will decide whether there is sufficient evidence to support a conviction for the offence charged.
define committal proceeding
the pre-trial hearings and processes held in the magistrates’ court for indictable offences.
define human rights charter
the charter of human rights and responsibilities act 2006 (vic). its main purpose is to protect and promote human rights.
define imprisonment
a sanction that involves removing an offender from society for a stated period of time and placing them in prison.
define indictable offence
a serious offence, generally heard before a judge and jury in either county court or supreme court.
define jury
an independent group of people chosen at random to determine questions of fact in a trial and reach a decision.
define offender
a person who has been found guilty of a criminal offence by a court.
define presumption of innocence
the right of a person accused of a crime to be presumed innocent unless proven otherwise.
define prosecution
the party that institutes criminal proceedings against an accused on behalf of the state. a prosecution involves a prosecutor.
define sanction
a penalty imposed by the court on a person guilty of a criminal offence.
define standard of proof
the degree or extent to which a case must be proved in court.
define summary offence
a minor offence, mainly heard in the magistrates court.
define victim
a person who has suffered directly or indirectly as a result of a crime.
define victim’s charter
the victims’ charter act 2006 (vic), which recognises the impact of crime on victims and provides guidelines for the provision of information to victims.
define access
one of the principles of justice, access means all people should be able to engage with the justice system and its processes on an informed basis.
define community legal centre
an independent community organisation that provides free legal services to people who are unable to pay for those services. some are generalist CLCs and some are specialist CLCs.
define equality
one of the principles of justice, equality means all people should be treated in the same way, but if that same treatment creates disadvantage or disparity, adequate measures should be implemented to allow all to engage in the justice system without disadvantage and disparity.
define fairness
one of the principles of justice, fairness means all people can participate in the justice system and its processes are impartial and open.
define jurisdiction
the lawful authority of a court, tribunal or other dispute resolution body to decide legal cases.
define jury
an independent group of people chosen at random to determine questions of fact in a trial and reach a decision.
define legal aid
legal advice, education or information about the law and the provision of legal services. (including legal assistance and representation).
define plea negotiations
pre-trial discussions between the prosecution and accused, aimed at resolving the case by agreeing on an outcome to the criminal charges laid.
define VLA
a government agency that provides free legal advice to all members of the community and low-cost or no-cost legal representation to some people who cannot afford a lawyer.
