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Legal 3/4 > The Victorian Criminal Justice System SAC 1A > Flashcards

The Victorian Criminal Justice System SAC 1A Flashcards

1
Q

The principles of justice

A

A theory or concept based on what is good, ethical or right
The underlying foundation of the legal system
Principles: fairness, equality and access

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2
Q

Justice

A

A concept that is morally accepted as just, and is a desired outcome.
What is considered just changes as society changes.
Maintains social cohesion

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3
Q

Fairness

A

ensuring impartiality within the legal system so no parties are favored or treated with discrimination.
SYNONYMS:
unbiased, independent.

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4
Q

Equality

A

everyone should be given same rights and opportunities regardless or their individual characteristics or disadvantages.
Individual factors should not impact upon the outcome of their case
SYNONYMS:
same, alike opportunity
EG - The Koori court

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5
Q

Access

A

ability of individuals to utilize the legal system to resolve disputes as a just manner
EG - Bringing a case to court

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6
Q

What are the two mains pieces of legislation that cover Criminal law?

A
  • The Victorian Crimes Act 1958
  • The Victorian Summary Offences Act 1966
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7
Q

Summary Offences
Definition

A

less serious/ minor offences that are often heard before a magistrate

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8
Q

Examples of a summary offence

A

Driving offences - speeding
Assault- MINOR
Property damage

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9
Q

Indictable Offences
Definition

A

serious criminal offences heard by a judge (and jury if accused pleads NOT guilty)

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10
Q

For an indictable case to be heard summarily what are the conditions?

A
  • the maximum prison sentence must be of 10 years or less
  • no more than 1200 penalty units as fine
  • the court MUST grant permission
  • the accused must agree
    EG. theft assault
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11
Q

The burden of proof

A

responsibility or onus of a party to prove the facts of the case
In criminal matters, the burden of proof lies on the prosecution.

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12
Q

The standard of proof

A

level or extent in which a party must prove their case.
criminal - beyond reasonable doubt

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13
Q

The presumption of innocence

A

every person accused of a crime is presumed to be innocent, until they have gone before a court and be found guilty OR have pleaded guilty.

Legislations-
The Treaty on International Covenant on Civil and Political Rights Act
The Charter of Rights and Responsibilities Act 2006 (Vic)

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14
Q

Magistrates court maximum sentence imposed
(Reasoning why people want indictable heard summarily)

A

5yrs imprionment.

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15
Q

What Acts/Treaties uphold human right in Aus

A

Charter of Rights and Responsibilities Act 2006 (Vic)
International Covenant on Civil and Political Rights

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16
Q

Three rights of the accused

A

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

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17
Q

The right to be tried without unreasonable delay

A

acc is entitled to a guarantee that they will be tired without unreasonable delay.
The Charter of Rights and Responsibilities Act 2006 (Vic) requires a person who is arrested/detained to be promptly brought before the court without unreasonable delay.
EXAMPLES-
The Criminal Procedures Act 2009 (Vic) sets time limits for the start of trials eg. sexual offence 3 months from day accused is committed, or 12 months for any other

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18
Q

The right to a fair hearing

A

Right to have the matter decided by a competent, indep, and impartial court after a fair and public hearing.
Charter of R&R Act = a competent, indep and impartial court must decide for every charger. Qualified and experienced mag/judge in an unbiased and objective manner.
Fair & public hearing.

EG- BAIL HEARING
able to make a bail application to potentially be released on bail

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19
Q

Bail hearing in ref to right to a fair hearing

A

accused is able to make a bail application to determine if granted to be released into community with conditions.
protects right to be treated fairly and w/o bias.

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20
Q

The right to a trial by jury

A

accused MUST plea NOT GUILTY, then entitled to have jury determine their guilt.
Protected under Aus Const.
S80 - any person Cth indic off is entitled to trial by jury.
Criminal Procedures Act

Jury - community indep imartial memebrs - POJ

21
Q

Three rights for Victims

A

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

22
Q

Core legislation for Victims’ rights
What does it involve

A

The Victims Charter Act 2006 (Vic)
Ensuring the police communicating w victims about the progress of the case.

23
Q

The right to give evidence as vulnerable witness

A

vulnerable witness - children, cognitive impairment, victims of sexual assault/ family violence.
1) CONSIDER CRIME
- sexual offence, family violence, sexual exposure, public behavior that is obscene or threatening.
2) DET IF VULNERBALE

what does this mean? eligible for alternate arrangements as a vulnerable witness.

Criminal procedure Act 2009 (vic) provision of alternative arrangements in CONS CRIME CASES
Give evidence in a location other than courtroom via CCTV
Use screens to remove the accused from the line of site

24
Q

The right to be informed about proceedings

A

S8 of Vic Charter Act 2006, a victim has the right to be informed at reasonable intervals about the progress and investigation into a crim offence, unless REQUESTS to not be.

informed about
-charges against the person acc of the crim off
- no charges against the person, the reasoning
- how to find date, time and place of the hearing and charges
-details of an appeal

25
Q

The right to be informed about the likely release of the accused

A

registered on the VIc register may receive certain info about the offender who is imprisoned incl release date and if relevant their release on parole.
INFO MUST BE PROVIDED 14dayS BEFORE RELEASE DATE.

  • the length of the offender’s sentence
    -earliest possible release date
    -change to the length of the offender’s sentence
26
Q

What is VLA

A
  • indep, govt-funded organization.
    established so those who X afford private lawyer can receive legal assistance.
    -encourage fair and accessible justice system
27
Q

VLA-
Who receives assistance
Name the two tests

A

Anyone can apply for legal aid through online application. Eligibility is det by means test and merits test

28
Q

VLA - Merits test

A

what benefit will the grant have on the client, com or a particular section of the com, what detriment will refusal of a service have on the indiv, or com

29
Q

VLA - Merits test

A

this is assessed based on the client’s income, existing assets and weekly living expenses

30
Q

How can VLA assist?

A

Low-level:
-online and printed info website has find legal answers where look up info ( MINOR OFF fines, infringements, traffic offences)
- phone or webchat - free helpine
- face to face info
- duty lawyers avaliabe at various courts in order to provide free legal adivce, info and rep. DO NOT rep everyone - prioritized based on seriousness - in custody or at risk of going into custody, family violence, child protection.

31
Q

Community legal centres

A

an indep non for profit community based center that provides free and accessible legal aid related services
funded by cth and vic govt, VLA and local councils

free and acc IF experiencing discrimination or disadvantage

32
Q

Generalist CLC

A

broad legal services to people in a part geo area of LGA
- certain suburbs may have increased demands eg high crime rates or drug use

33
Q

Specialist CLC

A

focus on a particular group of people OR area of law
- eg Womens Legal Service

34
Q

how do CLCs assist

A
  • basic legal info
  • legal advice, completing forms, letters to landlords, phone advice, applications
  • ? legal rep IF urgent ( unlikely)
35
Q

committal proceedings

A

various steps used to det if prosecution has suff evid to gain conviction
- crim proc act 2009 vic = heard in mag if indictable off and plead notguilty

36
Q

4 purposes of committal proceedings

A

1 det wheter acc plead guilty or notguilty : acc enter plea, if guilty may go forward if strong case

2 inform the acc of the case against them
acc has access to all evidence collected by police, disclose evidence so has access to strength of case hence can prepare

3 ensure a fair trial
b/c case evid is disclosed the acc can hear read evid and cross=examine evidence so put forward case

4 det whether should be heard summarily before mag
if pros agree and eligable may be heard in mag crt

37
Q

hand-up brief
(committal proceedings)

A

collection of the prosecutions evidence in documentary form, acc must be given before 42 days of hearing.
evid is reviewed by mag

38
Q

contested committal hearing

A

only held if acc wants to question witness in handup brief ( contest evid)
question cred

39
Q

strengths of committals

A
  • upholds acc right to presumption of innocence b/c pros forced to prove they have suff evid
  • enables accused to prepare for trial by seeing evid against them
    -saves time and money by filtering out weak cases
  • acc has opp to test strength of pros case, by cross examing which may influence plea
40
Q

weakness of committals

A
  • waste of time b/c only 1.6% of cases have been dismissed since 2013 and DPP has power to overide and push to trial
  • costs for legal rep = expensive
  • add to delays of case to trial, avg committal length = 8 months, may reduce access
  • contribute to stress and truma of acc, victims and fmaily
41
Q

plea negotiations

A

private and informal negotiation between the accused and the prosecution that may take place any time b/w being charged and verdict.
involves discussions about appropriate charges, reliability of evidence, and likely sentencing if plea of guilty.

likely leads too:
- accused pleads guilty to FEWER offences
- accused pleads guilty to LESSER offences

42
Q

purposes of plea neg

A
  1. promoting an early plea to sbae time, costs and stress/
    early guilty plea from the accused can lead to X trial, t/f decreased costs and time for acc, witnesses and victims
  2. Resolving acriminal case by ensuring a plea of guilty reflects the crime
    ensures the acc neg for lesser charges, that they still reflect the gravity of the orig offence
43
Q

strengths of plea neg

A

neg saves costs of a full trial and minimises delays
victims/ fmaily saved of truma / distress of trial
advantages to the accused who may recieve a decreased sentence

44
Q

weakness of plea neg

A

plea neg lack transparency as informal and held privately, X review/ report AND no leg
self-rep indiv may feel pressured into accepting deal even if evid is X strong
victim X recieve opp to testify

45
Q

sentence indicatons what do they do

A

encourage the acc to plea guilty early. A request is from acc to judge/man to ? whether acc will recieve cusotdial or non-custodial sentence if plead guilty.
- regulated by legislation
both summary and indic off
only one SI can occour UNLESS pros agrees

46
Q

guidelines for SI

A

under Crim Proc ACt 2009:
- if non custodial indic given and acc pleads guilty ( accepts indic), this is binding so judge X give custodial
- if guilty to custodial CAN be chnaged to noncustodial sentence at later hearing.
- if SI is given and acc pleads NOT guilty case mist be relisted with another judge = impartiality

47
Q

purposes of SI

A
  1. PROVIDE ACC W CLARITY OF LIKELY IMPOSED SENTENCE
    - SI may provide the acc w info re sentence so can make descion re early guilty plea to aleviate fear of custodial sentence
  2. SAVE TIME, COST , RESOURCES, STRESS, AND INCONVENIENCE
    - if accused = aware of sent –> early guilty plea which may avoid trial, saving courts time , money and resources, stress/truma for victims/ acc family
    bring closure for involved
48
Q

Strengths of SI

A

Early guilty plea, decrease delay and back long of crt
avoid trial = decrease stress, truma and money and resources
Acc = certainty abt sentence
in crt = transparency

49
Q

Weakness of SI

A

ineffectual if DPP appeal sentence to higher crt
Priority = crt efficiency X victims, def, public
Prevents victims from having day in court

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