U3: AOS1 (Criminal - Concepts)

Question 1

What are the 3 rights of a victim?

Answer 1

1) Right to give evidence as a vulnerable witness
2) Right to be informed about the proceedings
3) Right to be informed of the release date of the accused

Question 2

1) What is the right to give evidence as a vulnerable witness?
2) Where did it originate from?
3) How does it uphold the principles of justice?

Answer 2

1) If a distressed victim wishes to give evidence against the accused, alternative arrangements can be made so that the victim can do this without having to face the accused. This could include giving evidence over CCTV, or making the court less formal and intimidating.
2) Criminal Procedure Act (2009)
3) Equality: catering to the needs of a disadvantaged person.

Question 3

1) What is the right to be informed about the proceedings?
2) Where did it originate from?
3) How does it uphold the principles of justice?

Answer 3

1) An investigating agency must inform the victim about the progress of the investigation, including the charges, pleas, and date and time of hearing + trial.
2) Victim’s Charter (Section 8)
3) Access: makes the victim knowledgeable of the legal proceedings, and makes them aware of how they can be involved.

Question 4

1) What is the right to be informed of the release date of the accused?
2) Where did it originate from?
3) How does it uphold the principles of justice?

Answer 4

1) The victim is able to ask for details concerning the release of the accused, and can express how this might affect them, resulting in the request for special restraining parameters.
2) Victim’s Charter Act 2006 (VIC)
3) Fairness: the victim is able to protect themselves from danger.

Question 5

What are the 3 rights of the accused?

Answer 5

1) Right to be tried without unreasonable delay
2) Right to a fair and unbiased hearing
3) Right to a trial by jury

Question 6

1) What is the right to be tried without unreasonable delay?
2) Where did it originate from?
3) How does it uphold the principles of justice?

Answer 6

1) The accused is entitled to be brought to trial promptly, and not have their time and liberty wasted while waiting to be tried, unless the delay is reasonable. For a sexual offence, this is within 3 months, and for any other charge, within 12 months.
2) Charter of Human Rights and Responsibilities Act 2006 (Vic)

3) Fairness: human rights/liberty respected.
Access: effectively utilise legal system.

Question 7

1) What is the right to a fair and unbiased hearing?
2) Where did it originate from?
3) How does it uphold the principles of justice?

Answer 7

1) The accused is able to receive a hearing/trial by an impartial and independent body, and is presumed innocent until proven guilty.
2) Charter of Human Rights and Responsibilities Act 2006 (Vic)
3) Fairness: the accused is not subject to bias or discrimination in court.

Question 8

1) What is the right to a trial by jury?
2) Where did it originate from?
3) How does it uphold the principles of justice?

Answer 8

1) The accused is entitled to be judged by randomly selected, impartial peers who reflect the views of the community, if the offence is indictable.
2) Section 80 of the Commonwealth Constitution
3) Fairness: twelve jurors eliminate chance of bias

Question 9

Describe the standard of proof in criminal cases

Answer 9

The level of proof that must be satisfied in order to find the accused guilty must be beyond a reasonable doubt

Question 10

Describe the burden of proof in criminal cases

Answer 10

Falls on the prosecution, who is responsible for proving a case against the defendant

Question 11

What is the presumption of innocence rule?

Answer 11

Every person charged with a criminal offence is presumed innocent until proven guilty according to the law