semester 2 Flashcards
what are the principles of justice and define
fairness: fair legal processes are in place, all parties receive a fair hearing
equality: all people are treated the same before the law, with an equal opportunity to present their case.
access: individuals have an understanding of legal rights and ability to pursue their case.
examples of each principle of justice
fairness: decision makers are unbiased and sanctions imposed are based solely on facts.
equality: courts have access to sentencing data to ensure that similar offences receive similar sanctions
access: availability of legal aid in some cases.
police definition
to serve the victorian community and uphold the law to promote a safe secure and orderly society
3 roles of police
prevention: detterring individuals from engaging in criminal behaviour to reduce crime rates and ensure that society is protected from harm.
investigation: investigating crimes that have already occurred as well as detecting future crime to avoid it from taking place.
prosecution: charging an individual with a crime and conducting legal proceedings against them in a court.
how are 3 roles of police enforced
prevention: patrolling and educating society. searching for proactive crime
investigations: investigating crime scenes and possible crimes / intent to commit a crime
prosecution: police cautions (warnings), summaries in magistrates court, on the spot fines, collect evidence for indictable offences for the office of public prosecutions.
what are delegated bodies, plus two examples
specialised government agencies given authority by parliament to make and enforce laws within that area.
two examples: vicroads, the australian tax office (ATO)
4 aspects of police powers
- right to arrest with warrant
- arrest without warrant if they reasonably believe that the person has committed a serious offence, is a danger to themselves or community or if they want to make sure the person will go to court.
- obtain persons name and address if they are driving or believed to be a witness / involved in a crime.
- the right to question the alleged offender who is in custody.
3 aspects of court powers
- decide which evidence is admissible to determine wether evidence is admissible to determine wether an offender is guilty and impose a sanction.
- during pre-trial process, prosecution can request that the offender remains in custody if they pose a threat to the community. the court has the ability to decide whether they should remand the accused or grant them bail.
- in the trial process, the office of public prosecutions has the right to prosecute the alleged offender, present evidence and witnesses to support their cases and cross examine the accused witnesses to test the reliability of their evidence.
individual rights when dealing with police
- when accused is arrested, they dont have to answer any questions, other than name and address.
- anyone under 18 must have parent or guardian present during questioning.
- right to contact friend or legal rep when in custody.
- right to meet with a lawyer in private.
- right for their case to be brought before the court in a timely manner.
individual rights during court proceedings
- right to have trial heard by an impartial jury for indictable offences.
- right to have trial conducted by an impartial 3rd party (judge)
- right to have fair and consistent rules of evidence and procedure.
- right to have a bail hearing.
- presumption of innocence.
- right to legal rep (if unable to afford legal aid may supply rep)
- right to an interpreter (if needed)
- right to present evidence, witnesses and cross examine the prosecution’s witnesses.
hierarchy definition
system in which courts are ranked according to relative status or authority.
jurisdiction definition
which types of cases certain courts can determine
original and appellate jurisdiction
original: courts power to hear a case at first instance.
appellate: courts power to hear a case on appeal.
appeal definition
request to superior court to review and change an aspect of the decision made in the original court.
reasons for appeals
- review of sanction (insufficient or excessive)
- law was incorrectly applied / interpreted to reach original decision.
- particular fact was misinterpreted or incorrectly applied to reach original decision.
supreme court - trial division and supreme court - court of appeal jurisdiction
trial division: hear all offences but usually hers most serious indictable offences. e.g murder, treason.
can hear criminal appeals from magistrates court on a question of the law.
court of appeal: only hears appeals. hears appeals from criminal cases heard in county court and supreme trial division.
supreme court trial division and court of appeals, who hears?
trial division: if accused pleads ‘not guilty’ the case will be heard before judge and jury. if accused pleads ‘guilty’ the accused will be sentenced by a judge alone.
court of appeal: usually heard before 3 supreme court justices.
two facts about appeal
- it may review the verdict given, severity of sentence imposed or a question of law.
- right to appeal isnt automatic. offender or prosecution must first receive leave (permission) from court of appeal before having their case heard.
committal proceedings
held for accused charged with an indictable offence who have pleaded ‘not guilty’ or not yet entered a plea.
determine whether prosecutions evidence is sufficient to support a conviction at trial. if so, accused will stand trial in the county court or supreme court.
administrative convenience
separating summary offences and minor criminal matters that are heard by lowest court from the more serious, complex and time consuming cases that are heard in higher courts.
benefit of administrative convenience
allows efficiency, avoids backlog, reduces delays and associated costs:
- superior courts can devote time + resources to long and complex cases, without getting clogged up by having to resolve minor cases.
- lowest court can quickly resolve large number of minor cases, minimising delays for accused and victims.
- expertise in each court for different topics.
