U3 AOS1: Key Concepts Flashcards
What are the principles of justice?
Fairness
Equality
Access
Fairness
The right to a fair process & a fair hearing free from bias and impartial (The parties in the legal case should have to opportunity to present their case and know the facts of the case.
Equality
Individuals shall stand equal before the law regardless of their race, gender, power ect with the same opportunities without advantage or disadvantage.
Access
All individuals should be able to access legal services, know their legal rights and be able to pursue their case.
Summary offences VS indictable offences
Summary: A minor offence generally heard in the magistrates court. For example: Drink driving, minor assaults
Indictable: A serious offence generally heard before a judge and jury in the county / Supreme Court
Indictable offences heard summarily:
Indictable offences, but can be heard in the Magistrate c court if summary offences. (Criminal Procedure Act 2009: states indictable offences punishable by imprisonment of 10 years or less can be heard summarily)
Burden of proof
The responsibility of the party (prosecution) to prove the facts of the case.
Standard of proof
The degree or extent in which a case must be proved in court beyond reasonable doubt
Presumption of innocence
The right of the person accuses to be presumed not guilty unless proven otherwise
Rights of the accused
Right to be tried without unreasonable delay
Right to a fair hearing
Right to trial by jury
Right to be tried without unreasonable delay
Human Rights Charter states that an accused person is entitled without discrimination (regardless of history) to a guarantee that he / she will be tried in a timely manner without unreasonable delay.
Right to a fair hearing
Human Rights Charter entitles a person charged with a criminal offence to have charge decide by a competent, impartial and independent court after a fair and public hearing
Right to a trial by jury
Provides the opportunity for the participation in the legal process and for law to be applied according to community standards.
Rights of the victim
Right to give evidence as a vulnerable witness
Right to be informed about legal proceedings
Right to be informed of likely release fo the accused
Right to give evidence as a vulnerable witness
Evidence Act: Vulnerable witness: A person who is required to give evidence in a criminal case and is considered vulnerable or at risk, thus are able to give evidence by alternative means via cctv footage, video, ect
Ensures witnesses are protected from unnecessary contact with the accused
(Sexual assault, family violence ect.)
Right to be informed about legal proceedings
Victim’s Charter section 7,8 and 9 recognises that persons adversely affected by crime are entitled to certain information regarding the proceeding and the criminal justice system.
-Details of the offences charged
- If no offence is charged, why
- Details of any appeal
ect
Victim must also be told that they’re entitles to attend any court hearings