U3 AOS1: Determining a criminal case Flashcards
<p>Victorian Legal Aid (VLA)</p>
<p>A government agency that provide free legal advice to the community and low cost or no cost legal representation to people who cannot afford a lawyer</p>
<p>Purpose of VLA</p>
<p>VLA's vison is a fair and just society where rights and responsibilities are upheld. Thus <strong>making a difference by resolving and preventing legal problems and encouraging a fair and transparent justice system</strong></p>
Roles of VLA
- Provide legal aid in the most effective, economic and efficient manner
- Provide the community with improved access to justice and legal remedies
- Manage its resources to make legal aid assailable at a reasonable cost to the community and on a equitable basis throughout Victoria
Community Legal Centres (CLC)
One type of legal assistance service provider in Australia. As independent organisations that provide free legal services, advice, information and representation to people who are unable to access other legal services
Generlist CLC
A community legal centre that provides a broad range of legal services to people in a particular geographical area
Specialist CLC
A community legal centre that focuses on a particular group of people or area of law (Eg: Youth Law)
Roles of CLS’s
Provide people with
- Information, legal advice and minor assistance
- Duty lawyer assistance
- Legal casework services including representation and assistance
Purpose of CLC’s
Focus on those who need legal assistance the most due to personal circumstances, such as those with a disability to mental health issues.
Commital proceedings
The processes and hearings that take place in the Magistrates Court for indictable offences. Pre - trial procedure. Not used for summary offences.
Act as filtering process to test the strength of the prosecution’s case against the accused, giving the accused the chance understand case.
Take place in MC where
-Accused has been charged with one or more indictable offences and has plead not guilty
Purposes of committal proceedings
- To see whether a charge for an indictable offence is appropriate to be heard and determine summarily
- To decide if there is enough evidence to support a conviction for the offence charged
- To find out whether the accused plans to plead guilty or not
- To make sure there is a fair trial
Committal proceedings ensure purposes by
- Making sure the prosecutions case is disclosed to the accused
- Giving the accused the opportunity to heat to read the evidence
- Allowing accused to put forward a case at an early stage
- Allowing accused to properly prepare and present a case
- Making sure the issues to be argued are properly defined
If the Magistrate finds there is evidence to support a conviction at trial, stand trial and release on bail to wait or be held in remand
Advantages VS Disadvantages or CP
Advantage:
Accused can test strength of the prosecutions case
Disadvantage: Complicated process, can add to the delay of getting trial to case.
Plea negotiations
(In criminal cases) Pre-trial discussions that take place between the prosecution and the accused, aiming to resolve the case by agreeing on an outcome to the charged laid.
- Encourages early determination of criminal case w/o the need to goto trial
- Can take place in relation to summary and indictable offences
Purposes of plea negotiations
To resolve a criminal case by ensuring a plea of guilty to a charge that adequately reflects the crime that was committed. The charges must adequately reflect the accused wrongdoing
Provide certainty of outcome
Appropriateness of plea negotiations
May only occur if in public interest. Number or factors considered when deciding whether a plea negotiation is in the publics interest and appropriate for the case including:
- Whether the accused is willing to cooperate in the investigation.
- The strength of the prosecutions case, including evidence and likelihood of conviction
- Where the accused is ready and willing to plead guilty