THE VICTORIAN CRIMINAL JUSTICE SYSTEM; DOT POINTS 1-4

Question 1

Define Accused

Answer 1

The accused is a person who has been charged with a criminal offence. The accused will remain “not guilty” until proven guilty and are only alleged to have committed the crime.

Question 2

What is Fairness?

Answer 2

In the criminal justice system fairness refers to having a fair process and a fair hearing. It is being able to have a case heard in an impartial, objective manner without fear or favour to ensure the accused is treated without prejudice. It requires each individuals circumstances to be considered as fairness does not equal equality.

Question 3

Examples of the criminal justice system relating to fairness

Answer 3

• time taken for court case
• opportunity for accused to prepare their case
• laws and rules being properly applied

Question 4

Define the criminal justice system

Answer 4

The criminal justice system is a set of processes and institutions used to investigate and determine the outcomes of criminal cases. It involves the police, courts, pre trial procedures and sentencing.

Question 5

What are two purposes of the criminal justice system?

Answer 5

• decide whether the accused is guilty of the offence

- impose sanctions in cases where an accused a]has been found guilty (or pleaded guilty)

Question 6

Define access

Answer 6

access is one of the principles of justice. When referring to access in the criminal justice system it means that all people should be able to access and understand their legal rights and pursue a case. It refers to the ability to make use of processes and institutes within the criminal justice system

Question 7

Define burden of proof

Answer 7

The burden of proof refers to the responsibilities of a party to prove the facts of the case. It is the responsibility of the person/s bringing the case to court.

Question 8

Who holds the burden of proof in a criminal case?

Answer 8

The prosecution holds the burden of proof in a criminal case

Question 9

Define standard of proof

Answer 9

The standard of proof refers to the strength of evidence needed to prove the case. For criminal cases it is beyond reasonable doubt whereas for civil cases it is on the balance of probabilities

Question 10

Define beyond reasonable doubt

Answer 10

beyond reasonable doubt us the standard of proof for a criminal case. This means that there is no logical or reasonable conclusion that can be formed through evidence other than the accused being guilty

Question 11

Define prosecutor

Answer 11

A prosecutor (AKA prosecution) is the crown in its role of brining a criminal case to court. In Victoria the OPP ( office of public prosecutions, works with the DPP director of public prosecutions to prosecute serious crimes on behalf of victorians

Question 12

What is the presumption of innocence?

Answer 12

The presumption of innocence supports the rule of law, that all laws should be fair and clear and everyone in society is bound and must obey the law. It guarantees that the accused is considered ‘not guilty’ until they are charged or plead guilty.

Question 13

How is the presumption of innocence upheld?

Answer 13

through bail

Question 14

Define bail

Answer 14

bail is the release of an accused person from custody on the condition that they will attend court hearing to answer charges. Bail will be upheld unless there is a good reason to deprive a person of their liberty.

Question 15

What are summary offences?

Answer 15

Summary offences are minor criminal offences which are heard in by the magistrates court. summary cases are heard by a magistrate without a jury and are defined by the Summary offences Act 1966 vic

Question 16

What are indictable offences?

Answer 16

Indictable offences are serious criminal offences Which usually takes place in the county or Supreme Court infant of a judge and jury. The trial will only take place if the accused pleads not-guilty.

Question 17

What indictable offences may be considered to be heard summarily?

Answer 17

indictable cases which are punishable by 10 years or less of imprisonment

Question 18

Why would you want your indictable case heard summarily?

Answer 18

because the hearing will occur cheaper and faster and usually attracts a smaller sentence than if trailed in county or Supreme Court

Question 19

Define equality

Answer 19

In the criminal justice system equality means that all people should be treated equally before the law with an equal opportunity to present their case. This means that there should be a process free from bias or prejudice with an impartial decision maker.

Question 20

List the 3 rights of the accused

Answer 20

• the right to be tried without unreasonable delay
• the right to a fair hearing
• the right to trial by jury

Question 21

What is the Victorian charter of Human rights and responsibilities act 2006?

Answer 21

it is designed to ensure that any statute passed by the vic parliament is compatible with the human rights charter.

Question 22

Describe the right to be tried without unreasonable delay

Answer 22

• accused has the right have their charges heard in timely manner w/o unreasonable delay and w/o discrimination this ends that prior history, age, gender,diasability, pregnancy or marital status should not effect trial date
• the complexity of case and legal issues may influence trial date e.g children should be brought asap as the effect is greater on them as a child

Question 23

Describe the right to a fair hearing

Answer 23

2 parts

• a competent, independent and impartial court must decide proceedings
• the trial process should be transparent and conducted in a public manner

Question 24

Why should court hearings be done in a transparent and public manner?

Answer 24

to allow for public and media scrutiny, which makes sure things are done accordingly

Question 25

Why might the public and media be excluded from court proceedings?

Answer 25

this may be done in the best interest of children involved or victims who have suffered

Question 26

Describe the right to trial by jury

Answer 26

this right provides for a trial by others in the community and the opportunity for community participation therefor allowing the law to be applied by community standards. The criminal act and juries act in vic govern how the jury is empowered as well as their responsibilities

Question 27

Define Victim

Answer 27

A victim is considered to be a person who has suffered injury as a result of a criminal offence, also known as the primary victim. it can also include a family member of someone who has died as a result or a person under 18 or has a mental impairment

Question 28

What is the victims charter Act?

Answer 28

it aims to recognise the impact of crime on victims and that the victims should be offered certain information. It also aims to reduce secondary victimisation during the case

Question 29

What are the three main rights of the victim?

Answer 29

• the right to give evidence as a vulnerable witness
• the right to be informed about the proceedings
• the right to be informed of a likely release date

Question 30

Describe the right to give evidence as a vulnerable witness

Answer 30

A victim may be required to provide evidence against an accused giving evidence in court may make the victim jeopardise the evidence they give which may cause further trauma.

Question 31

What protections are offered to a vulnerable witness?

Answer 31

-giving evidence from a place away from court
- using screens to block the live of vision b/w accused and victim
-allowing support person
-limiting persons allowed in court
having legal representatives dressed informally

Question 32

When can these alternative arrangements be made?

Answer 32

if the offence is

• of sexual nature
• one of family violence
• obscene, indecent or threatening behaviour

Question 33

Why do we have alternative arrangements?

Answer 33

to ensure that the witness is protected and not placed in a position where they are scared or may give unreliable evidence

Question 34

What is a vulnerable witness?

Answer 34

Is someone who is impressionable and therefor requires protection

Question 35

What is a protected witness?

Answer 35

a protected witness may be the complainant, the complainants family, the family of the accused or anyone the court declares protected

Question 36

Who can a protected witness be cross examined by ?

Answer 36

only the accused legal representative to a Victorian legal aid representative not the accused

Question 37

Who are allowed to give their examination in chief by audio or audio visual recording?

Answer 37

Those who are witnesses for sexual offences, indictable offences involving assault, injury or threat of injury.

Question 38

List the types of hearings which can be conducted when a sexual offence involves with a person under 18 or with cognitive impairment

Answer 38

• accused is not entitled to hear or see complainant while giving evidence
• evidence given by cctv

Question 39

What is the purpose of the vic evidence act

Answer 39

to give power to the courts to disallow question which are confusing, harassing, intimidating, offence and humiliating against vulnerable witnesses

Question 40

Describe the right to be informed about the proceedings

Answer 40

the victim should receive clear timely and consistent information about support services, possible compensation, entitlements and legal assistance. Victims are entitled to know the progress of an investigation in a criminal case

Question 41

specific information victim is entitled to know

Answer 41

• details of charges against accused
  -why a charge hasn’t been laid
  the time, date and place of hearing
  -outcome of case

Question 42

Describe the right to be informed of a likely release date

Answer 42

Victims of criminal acts of violence are entitled to receive information about an offender that has been imprisoned. information about may include likely release date, release on parole, length of sentence and the right to know if offender has escaped from prison