U3 AOS1 A SAC1

Question 1

define summary offences

Answer 1

minor criminal offences

usually heard in the magistrates’ court

do not require a jury

mainly found in the summary offences act 1966 (vic)

maximum imprisonment
2 years for a single offence
5 years for multiple offences

examples include disorderly conduct, drink driving and minor assaults

Question 2

define indictable offences

Answer 2

serious criminal offences

usually heard in the county court or the supreme court

usually require a judge and jury

a jury is used to determine guilt if the accused pleads not guilty

mainly found in the crimes act 1958 (vic)

examples include rape, murder, fraud and drug offences

Question 3

define committal proceedings

Answer 3

the pre-trial hearings and processes held in the magistrates’ court for indictable offences

an accused person is charged with an indictable offence and pleads not guilty

no committal proceedings for summary offences

committal proceedings involves several stages before reaching the final part, the committal hearing

Question 4

define committal hearing

Answer 4

where the magistrate will decide whether there is sufficient evidence to support a conviction for the offence charged at trial

if there is enough evidence
the accused is committed to stand trial and the case is transferred to a higher court that will hear the case

if there is not enough evidence
the accused is discharged and allowed to go free

Question 5

list the purposes for committal proceedings

Answer 5

ensuring that cases where there is inadequate evidence do not go to trial

finding out whether the accused plans to plead guilty or not guilty

ensuring a fair trial by making sure the prosecution’s case is disclosed to the accused

giving the accused the opportunity to put forward a case at an early stage and possibly cross examine witnesses

Question 6

define indictable offences heard summarily

Answer 6

serious criminal offences that can be heard in the magistrates’ court as if they were minor criminal offences

mainly found in schedule 2 of the criminal procedure act 2009 (vic)

Question 7

list the eligibility criteria for an indictable offence to be heard summarily

Answer 7

the accused agrees to it
why?
- quicker than a trial in the county court or supreme court
- the sentence that a magistrate can hand down is far less than if it was heard as an indictable offence
- cheaper to have a case heard in the magistrates’ court

the court agrees it is appropriate

the maximum sentence for the crime is less than 10 years

Question 8

define the burden of proof

Answer 8

the obligation (or responsibility) of a party to prove the facts of a case

usually rests with the party who initiates the action

in a criminal case, the prosecution holds the burden of proof

Question 9

outline when the burden of proof can be reversed

Answer 9

if an accused pleads a defence such as self-defence or mental impairment, then they must prove it

‘prove it’ means to provide sufficient evidence to show that the accused reacted in response to another person’s actions

Question 10

define the standard of proof

Answer 10

the degree or extent to which a case must be proved in court

level of certainty or strength of evidence required

dictates how much evidence is needed to prove a person guilty in court

Question 11

state and outline the standard of proof in a criminal case

Answer 11

in a criminal case, the standard of proof is beyond reasonable doubt

beyond reasonable doubt is the highest standard of proof, when once the evidence has been presented there must be no doubt in a juror’s mind when they decide on a verdict (if it’s strong enough)

Question 12

state the similarities and differences between burden of proof and standard of proof

Answer 12

similarities

assist in upholding the presumption of innocence for the accused

both used to determine the guilt

both relate to the party who initiates the case

differences

defintion of burden of proof and standard of proof

burden of proof can be reversed whereas the standard of proof is only on the prosecution

Question 13

define the presumption of innocence

Answer 13

any person that has been accused of a crime is presumed innocent until they have been found guilty in a court of law

Question 14

state the ways to uphold the presumption of innocence

Answer 14

burden of proof on the prosecution rather than the accused

imposing a high standard of evidence (standard of proof) on the prosecution rather than the accused

the use of the bail system to allow an accused their liberty prior to the court date

the right to silence during questioning and the trial

not allowing a person’s prior convictions to be revealed until their sentencing (after they have been found guilty)

Question 15

state the act that the presumption of innocence is under

Answer 15

common law right

charter of human rights and responsibilities act 2006 (vic)

Question 16

state the rights of an accused

Answer 16

right to be tried without unreasonable delay

right to silence

right to a trial by jury

Question 17

state the act that the rights of an accused are under

Answer 17

charter of human rights and responsibilities act 2006 (vic)

human rights charter protects and promotes human rights

Question 18

define and explain the right to be tried without unreasonable delay

Answer 18

if a person is charged with a criminal offence, they are entitled to have their trial heard within a timely manner

any delays that occur should be for purposes deemed reasonable

unreasonable delay is not defined, but is rather applied on a case by case basis, depending on the complexity of the case

this right should be exercised for anyone who is charged with a criminal offence, regardless of prior history or personal characteristics - ‘without discrimination’

Question 19

state the act that the right to be tried without unreasonable delay is under

Answer 19

section 21(5) of the human rights charter

a person who is arrested or detained on a criminal charge has the right to be brought to trial without unreasonable delay

people have a basic right to liberty and security, and accused persons are presumed innocent until proven guilty

Question 20

define and explain the right to silence

Answer 20

different types of protections given to an accused person to not have to say or do anything

the right to refuse to answer any questions and not give any information during the investigation of a crime

not being forced to give evidence in a criminal trial, answer any questions, file any defence, or call witnesses in a trial

the accused does not prove their own innocence, the prosecution must prove the accused’s guilt

Question 21

list what common law has established for the right to silence

Answer 21

no adverse inferences can be drawn from the fact that a person has not answered any questions or given any evidence

silence is not a sign of the accused’s guilt

an accused has the ability to later bring up defences in a trial that was not raised earlier

the accused person can choose to answer some questions and not others

Question 22

state the act that the right to silence is under

Answer 22

common law and statute law

includes section 89 of the evidence act 2008 (vic) protects the idea that negative conclusions cannot be drawn because a person has exercised the right to silence

Question 23

define and explain the right to a trial by jury

Answer 23

the accused is judged by their peers, or members of the community

allows for community participation in the legal system, as the 12 jurors are selected randomly from the victorian electoral roll

the court can order the empanelment of up to three additional jurors (due to the length and nature of the trial), but only 12 jurors will ultimately deliberate on the accused’s guilt

up to the jurors to decide the verdict in the trial, and the foreperson will announce whether they find the accused guilty or not guilty

the jurors must make this decision beyond reasonable doubt

jurors have no links to the parties involved and have no apprehended bias

Question 24

state the act that the right to a trial by jury is under

Answer 24

for victorian indictable offences:

the juries act 2000 (vic) requires that there be a jury of 12 in a criminal trial

there is no right to a jury in summary offences

the actual right is found in the australian constitution, section 80 states that any person who is charged with a commonwealth indictable offence is entitled to a trial by jury

Question 25

state the rights of a victim

Answer 25

right to give evidence using alternative arrangements

right to be informed about the proceedings

right to be informed of the likely release date of the offender

Question 26

state the act that the rights of a victim are under

Answer 26

all rights and provisions for victims of criminal offences can be found in the victim’s charter act 2006 (vic) - statute law

outlines the information that should be disclosed to the victims of that crime, as well as the respectful treatment of victims and the respect of victim’s privacy throughout the trial and afterwards

alternative arrangements available to a victim are found in the criminal procedure act 2009 (vic)

Question 27

define and explain the right to give evidence using alternative arrangements

Answer 27

alternative arrangements are measures that can be put in place for witnesses in certain criminal cases

used to reduce the trauma, distress and intimidation that a witness may feel when giving evidence

makes victims more comfortable in a courtroom and give quality evidence in a trial

it is essential for victims to testify in court to enhance the prosecution’s case

alternative arrangements can be made at any stage of the criminal proceeding, including any appeal or rehearing

Question 28

list the eligibility criteria for an individual to use alternative arrangements

Answer 28

such arrangements can be made for victims who have experienced

a sexual offence

a family violence offence

an offence for obscene or threatening language in public

an offence for sexual exposure in public

Question 29

list alternative arrangements provided for a victim

Answer 29

witnesses may give evidence from a place other than the courtroom by means of CCTV

retractable screens may be placed between the victim and accused

a support person may accompany the victim when giving evidence for emotional support

the court may limit the number of people in the room when evidence is given

legal practitioners may be required to stay seated when questioning the witness or dress less formally

Question 30

state the act that the right to give evidence using alternative arrangements is under

Answer 30

a number of sections in the criminal procedure act 2009 (vic)

aim to protect certain witnesses in certain types of cases

Question 31

define and explain the right to be informed about the proceedings

Answer 31

people adversely affected by crime should get certain information about the proceeding and about the criminal justice system

clear, timely and consistent information

the only time this stops is if the victim specifically requests to receive no information at all, or if the information will hinder the investigation if disclosed

Question 32

list the examples of information a victim may receive

Answer 32

details of the offences charged against the accused

how the victim can find out the date, time and location of the proceedings

the outcome of the criminal proceedings

any appeal requests by the accused

support services

possible compensation entitlements

the legal assistance available to persons adversely affected by crime

Question 33

state the act that the right to be informed about the proceedings is under

Answer 33

section 7, 8 and 9 of the victims’ charter require the investigating agency to inform the victim of the offence about any information regarding the proceedings at regular intervals

Question 34

define and explain the right to be informed of the likely release date of the offender

Answer 34

once the accused has been charged and sentenced in a court of law, the victim is entitled to find out about any information regarding their release date from imprisonment, as well as any parole opportunities

the person must be on the victims’ register and must be a victim of a criminal act of violence

the victim must be notified at least 14 days prior to the release date

Question 35

list examples of criminal acts of violence

Answer 35

rape and other sexual offences

aggravated burglary

kidnapping

stalking

child stealing

offences involving assault or injury punishable by imprisonment
culpable driving causing death

dangerous driving causing death or serious injury

failing to stop after a motor vehicle accident causing death or serious injury

Question 36

state the act that the right to be informed of the likely release date of the offender is under

Answer 36

victims’ charter

the corrections act