THE VICTORIAN CRIMINAL JUSTICE SYSTEM; DOT POINTS 1-4 Flashcards
Define Accused
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.
What is Fairness?
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.
Examples of the criminal justice system relating to fairness
- time taken for court case
- opportunity for accused to prepare their case
- laws and rules being properly applied
Define the criminal justice system
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.
What are two purposes of the criminal justice system?
- decide whether the accused is guilty of the offence
- impose sanctions in cases where an accused a]has been found guilty (or pleaded guilty)
Define access
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
Define burden of proof
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.
Who holds the burden of proof in a criminal case?
The prosecution holds the burden of proof in a criminal case
Define standard of proof
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
Define beyond reasonable doubt
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
Define prosecutor
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
What is the presumption of innocence?
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.
How is the presumption of innocence upheld?
through bail
Define bail
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.
What are summary offences?
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
What are indictable offences?
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.
What indictable offences may be considered to be heard summarily?
indictable cases which are punishable by 10 years or less of imprisonment
Why would you want your indictable case heard summarily?
because the hearing will occur cheaper and faster and usually attracts a smaller sentence than if trailed in county or Supreme Court
Define equality
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.
List the 3 rights of the accused
- the right to be tried without unreasonable delay
- the right to a fair hearing
- the right to trial by jury
What is the Victorian charter of Human rights and responsibilities act 2006?
it is designed to ensure that any statute passed by the vic parliament is compatible with the human rights charter.
Describe the right to be tried without unreasonable delay
- 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
Describe the right to a fair hearing
2 parts
- a competent, independent and impartial court must decide proceedings
- the trial process should be transparent and conducted in a public manner
Why should court hearings be done in a transparent and public manner?
to allow for public and media scrutiny, which makes sure things are done accordingly
Why might the public and media be excluded from court proceedings?
this may be done in the best interest of children involved or victims who have suffered
Describe the right to trial by jury
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
Define Victim
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
What is the victims charter Act?
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
What are the three main rights of the victim?
- 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
Describe the right to give evidence as a vulnerable witness
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.
What protections are offered to a vulnerable witness?
-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
When can these alternative arrangements be made?
if the offence is
- of sexual nature
- one of family violence
- obscene, indecent or threatening behaviour
Why do we have alternative arrangements?
to ensure that the witness is protected and not placed in a position where they are scared or may give unreliable evidence
What is a vulnerable witness?
Is someone who is impressionable and therefor requires protection
What is a protected witness?
a protected witness may be the complainant, the complainants family, the family of the accused or anyone the court declares protected
Who can a protected witness be cross examined by ?
only the accused legal representative to a Victorian legal aid representative not the accused
Who are allowed to give their examination in chief by audio or audio visual recording?
Those who are witnesses for sexual offences, indictable offences involving assault, injury or threat of injury.
List the types of hearings which can be conducted when a sexual offence involves with a person under 18 or with cognitive impairment
- accused is not entitled to hear or see complainant while giving evidence
- evidence given by cctv
What is the purpose of the vic evidence act
to give power to the courts to disallow question which are confusing, harassing, intimidating, offence and humiliating against vulnerable witnesses
Describe the right to be informed about the proceedings
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
specific information victim is entitled to know
- details of charges against accused
-why a charge hasn’t been laid
the time, date and place of hearing
-outcome of case
Describe the right to be informed of a likely release date
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
