U3AO1 - Crim Law - Key Aspects of Criminal System

Question 1

Define criminal law

Answer 1

An area of law that aims to protect society from harm by defining prohibited behaviours and outlining sanctions for those who participate in illegal conduct

Question 2

Define crime

Answer 2

An act or omission that violates an existing law, causes harm to an individual, or society as a whole, and is punishable by law

Question 3

Define a summary offence

Answer 3

A minor criminal offence usually heard in the Magistrates’ Court

Question 4

Define an indictable offence

Answer 4

A criminal offence that is serious in nature and generally heard by a judge and jury in the County or Supreme Court

Question 5

Define Inditable offence heard summarily

Answer 5

A subset of indictable offences that can be heard in the Magistrates’ Court in a similar manner to a summary offence

Question 6

When can an indictable offence be heard summarily x3

Answer 6

• Crime holds less than 10 years max in prison
• Court agrees it is appropriate
• Accused consents

Question 7

Define the burden of proof

Answer 7

The responsibility of a party to prove the facts of a case

Question 8

Define standard of proof

Answer 8

The degree to which the facts of a case must be proven in court

Question 9

How is the presumption of innocence upheld x4

Answer 9

• Right to silence
• Right to apply for bail
• right to appeal a case
• Prior convictions not revealed until sentancing

Question 10

Rights of an accused

Answer 10

• Trial without unreasonable delay
• Silence
• Trial by jury

Question 11

What case and factors determine the length of a trial being nrealsonable

Answer 11

R v Upton
- Length of delay
- Complexity of the case
- Number of offences committed
- Reasons for the delay

Question 12

Rationale of right to be tried without unreasonable delay x4

Answer 12

• Witnesses memories fading, losing evidence
• Reducing stress for parties
• Media attention makes it harder to find jury
• Increase legal costs for accused

Question 13

Rationale for right to silence x4

Answer 13

• Not responsiblity of accused to prove innocence
• Stress of questioning may lead accused to say somethign they regret
• Protection from invasion of privacy
• Reduce power imbalance

Question 14

Rationale for right to trial by jury x4

Answer 14

• Impartial, cross section of community
• Lawyers won’t use legal jargon, allowing everyone to understand proceedings
• Unanimous verdict to find accused guilty reduces chance of wrongful conviction
• More likely to represent community than a judge alone

Question 15

Rights of victims 3

Answer 15

• Evidence via alternative arrangements
• Informed of proceedings
• INformed of likely released date of offender

Question 16

Who can give evidence via alternative arrangements

Answer 16

Victims of:
- Sexual offences
- Family violence
- Summary offiences with obscene or indecent language
- Summary offences involving sexual exposure

Question 17

Types of alternative arrangements x5

Answer 17

• Outside courtroom (CCTV)
• Screen to remove accused from witnesses vision
• Support person
• Closing the courtroom
• Lawyers wearing casual clothes/staying seated during examination

Question 18

Rationale for giving evidence via alternative arrangements x3

Answer 18

• Less traumatic
• Improves witnesses willingness to give evidence
• Less likely to feel intimidated, more reliable evidence

Question 19

What information about the proceedings can victims be informed of x3

Answer 19

• Offences the accused has been charged with
• Key developments in the case
• Outcomes of a trial or appeal

Question 20

Rationale for right to be informed about proceedings x2

Answer 20

• Strong desire for justice
• Uncertainty is eliminated

Question 21

Who can be informed of the likely release date of the offender

Answer 21

Victims of violent crimes who have applied to be on the Victims Register

Question 22

Rationale for being informed of likely release date of offender x3

Answer 22

• Reduces fear that an offender has escaped
• Can take precautions such as applying for an intervention order when release is coming up
• Can make submissions to Parole Board, to express how release will effect them