SAC 1B court hierarchy etc Flashcards
What is the Victorian court hierarchy
A ranking of courts in order from inferior to superior
Each state has its own court hierarchy and jurisdiction
Jurisdiction = legal authority to hear particular cases
What are the two jurisdictions of the courts
Original: ability of courts to hear and determine a matter for the first time
Appellate: ability of the court to hear matters on appeal
Appeal must be granted for a sufficient reason
What are the two reasons for a court hierarchy
Specialisation: developing expertise or very thorough knowledge in a particular area. Due to each court having a different jurisdiction the judges have to have specific expertise
Appeals: ability to have your case heard for a second time by a more superior judge
What are the two specialist court
Koori court: must plead guilty to attend. Indigenous and Torres Strait islander people only. Allowed to have elders and family attend
Children’s court: has criminal and family division. Hears and determines both summary and indictable offences from 10 years old to 18 years old
what is the judge and their roles
the judge is a legally experienced individual who has been appointed by council to administer the law in cases
roles:
- must remain impartial and unbiased
- ensure law is applied correctly
- judge can assist and direct for duty lawyer
- not allowed to intervene unnecessarily
responsibilities of a judge x4
manage the trial- ensure correct procedures is followed so that both parties have equal opportunity to present their case
deciding on admissiblity of evidence- a judge can decide what type of evidence is admitted
attend jury matters - if jury have questions during trial they can ask judge through foreperson
handing down a sentence- in a criminal case where accused has been found guilty, the judge decides the appropriate sanction.
what is the jury and its roles
the jury is members of the community that are randomly selected from the victorian electoral roll. there are 12 jurors
roles:
- remain impartial and unbiased
- listen to evidence
- apply the law
- make decisions based upon community values and standards
what are the responsibilities of a jury
listen to all evidence and submissions from both parties- juries must listen to prosecution and accused evidence without bias
listen to the judge to explain the law- jury must accept and apply the judges directions of the law
decide questions of fact- jury is decider of facts
reach and deliver a verdict- jury will retire to a room. where all jurors come to an agreement based on standard of proof
what are the parties and what are their roles
prosecution= party bringing the criminal case to court
accused = person who has been charged with a criminal offence
roles:
to manage and control their case. depending on who the parties are, they have different responsibilties
what are the parties responsibilities
entering a plea- option of entering an early guilty plea. if plea not guilty they have a legal representation
presentopening/closing address- when trial begins the prosecution must give a statement to the jury that outlines what the accused has been charged with
what are legal practitioners and what is their role
individuals who have been professionally trained, qualified and are experienced in understanding rules and procedures of court
roles:
prepare and conduct the case
various laws and duties to impose
what are the responsibilites of legal practitioners
preparing and presenting case- need to be familiar with case and presenting it in best interest of client
complying with duty of court- must act ethically and with accordance of law even if its going against clients instruction
what is a sanction?
a sanction is a penalty that is handed down by a court for someone who is found guilty of breaching criminal law
eg:
fine or imprisonment
what are the five purposes of sanctions
punishment
protection
deterrence
denunciation
rehabilitation
punishment
intending to inflict some kind of loss or burden on the offender given the circumstances of the crime committed.
eg: financial loss
protection
protection of the community against the offender
eg: removing offender from community through imprisonment
deterrence
attempt to discourage the offender from reoffending and those within the community to commit the same crime
general deterrence= dissuade the general public from committing crimes
specific deterrence= dissaude the offender from reoffending
denunciation
demonstrate disapproval or condemn the actions of the offender.
show the community that what they did was wrong and inexcusable
rehabilitation
attempt to address the underlying reasons for the offender committing the offence.
what are the hierarchy of sanctions
1- fine
2- cco
3- imprisonment
community corrections order
definition= a flexible sentencing order that is given to a guilty offender which entitles them to remain in the community whilst complying with certain conditions.
can be used as an addition of a fine or imprisonment
legislation:
sentencing act
when are they used:
wide range of offending behaviours
theft-27.5%
burglary-6.6%
conditions of ccos
basic conditions:
- not reoffending
- not leaving victoria
- reporting to cco
optional conditions:
- undertaking medical treatment
- be supervised monitors
what is imprisonment
the most serious sanction whereby the offender is removed from society and held in custody for a defined period of time
types of imprisonment sentences
concurrent= the offender has committed more than one offence.
cumulative sentence= usually applied for most serious offences and if offender has long history of offending
standard sentences= 40% of the maximum sentences. for less serious offences
mitigating factors and examples
evidence about the offender or the circumstances of the crime which may reduce the severity of the criminal act
examples:
the offenders age
a persons disadvantaged backround
the offenders previous good character
the likely effects of prison on the offender
aggravating factors and examples
evidence, facts or circumstances about an offender that can lead to more severe sentences.
examples:
- the use of violence or weapons when committing the crime
- the nature or gravity of the offence
- the victims vulnerability
- the offence was motivated by malice eg: hatred
- breach of trust
- the offence occurred whilst on cco or bail
what is a guilty plea
when accused admits involvement in the offence and therefore avoids a full trial
seen as a mitigating factor
considered a sign of remorse
save the community time and costs
reduce delays in court systems
victim impact statement
a written statement filed with the court by the victim of crime that is considered by the judge when sentencing the offender
cost as a limiting factor
very expensive and therefore limits the ability of many people to use it fairly
legal advice and representation are the main cost
dont just arise in court room eg: interviewing witnesses
cost factors and poj
limit fairness:
-if accused cant properly participate in a hearing it may lead to an unfair process
- use of an inexperienced cheap lawyer may result in procedural unfairness eg. making mistakes with the law
limit equality:
- if parties cannot afford legal representation they are at risk of not being treated equal before the law
- accused may not be able to participate in plea negotiations or sentence discount
limit access:
- if cant afford may have trouble accessing courts and processes used to determine charges
- accused will have less access and knowledge than a person who is well representend
time delays
accessing legal system is a lengthy process
can occur as a result of recources, plea negotiations or delivery of a brief
delays and poj
limit fairness:
- may result in trauma with unnecessary hardhips for victims and families
- long delays can affect evidence
limit equality:
- delays can put most vulnerable at risk. therefore may not ne treated equally before the law
- further financially disadvantage a person held in remand for too long
limit access:
- the greater wait the less the courts become accessible to parties
- delays can enhance trauma and stress felt by parties
cultural factors
migrants and first nations people
complex legal system
main language is english
language barriers
cultural norms
different laws
women and the law
cultural factors and poj
limit fairness:
-come from countries with a different legal system so have difficulty understanding australias
- language differences can casue misunderstandings
limit equality:
- migrants may not understand the recources available to them with the legal system
- cultural differences means its more difficult for them to present their case
limit access:
- may have a fear of police which can limit ability to access recources to assist them in community
what a reforms?
changes that have been implemented within a system in order to improve its effectiveness
client priority and capacity policy VLA 2019
what is the reform?
help improve the way in which vla offers services and support to those who need them, therefore improving the system.
how will it operate?
- priority characteristics are relevent to the individual
- their capacity to understand and address the legal problem
- context and characteristics of the legal problem the individual presents with
new justice centre in melbourne cbd
what is the reform?
in april 2019 the new justice centre was opened in the aim of improving access to legal services
how will it operate?
- sheriff payments
- submit birth,death,marriage applications
- provide court ordered supervision treatment
- attend parole hearings
reccomended reform
suggested changes to the criminal justice system that have not occured
reform of prisons systems within victoria
reccomendation:
campaigned to change the prison system including providing more focus from security of prisons to including welfare for prisoners
how will it operate?:
plans to use 93.2million to use to help with the rehabilitation of offenders to reduce the levels of recidivism and improve bail access
