Unit 3 AOS 1 Legal (Victorian criminal system) Flashcards
Explain the term summary offence
A summary offence is a minor crime such as theft and parking fines. The maximum amount of jail time for a summary offence is 2 years. All summary offences heard in the magistrates court
Explain the term indictable offence
A serious offence generally heard before a judge and a jury in the County court or supreme court of Victoria
rights for the accused
- The right to be tried without unreasonable delay
- The right to a fair hearing
- The right to silence
- The right to presumption of innocence
What are some examples of reasonable delays
- complexity of the case
- Legal issues unsolved
3 principles of justice
Fairness
equality
access
T or F it is the defense lawyers role to prove the accused is not guilty of the charges laid before them
False, burden of proof is laid on the prosecution unless for very specific circumstances.
Distinguish the difference between summary and indictable offences
Summary offences are:
- Minor offences
- heard in the magistrates court
- Parking fines
- Max jail time is 2 years
On the other hand initiable offences are
- Serious crimes
- county court/ supreme hear these crimes ( also trial and appeal divisions)
What is burden of proof and who normally has the burden of proof
Refers to the responsibility of a party to provide the facts for a case.
Usually placed on the prosecution because they brought the case to court
In what circumstances will the defense have the burden of proof
Defense can have the burden of proof in certain situations such as
- Drug cases (defendant must prove that they did not own or have possession of any iciest substances
- Where the accused in found in possession of a knife
- Where an accused is pleading self defense or another defense their action
What is presumption of innocence
Innocent until proven guilt, means the accused cannot be deemed as guilty until they have been proved beyond reasonable doubt to have committed the crime
What is standard of proof
The party with the burden of proof must provide proof which is deemed to be sufficient enough evidence, they must be able to prove with the evidence that the defense has broken the law beyond reasonable doubt
Do summary cases have a jury
Summary offences are heard in the magistrates court WITHOUT the presence of a jury (NO JURY), unlike indictable cases which have jury’s unless the accused has pleaded guilty
What are some examples to uphold the presumption of innocence
- Burden and standard of proof
- Bail
- Right to silence
- Police need reasonable belief a person committed a crime before they can arrest
What are the 2 courts in VIC which hear and determine intable offences
County court and supreme court (both trail and appeal divisions)
3 rights avilible to the Victims in a criminal proceeding
- Give evidence as a vulnerable witness
- Be informed of the likely release date of the accused
- Be informed of the proceeding
If an individual has been charged with drink driving would they be eligible to have a jury
No they would not because drink driving is a summary offence heard in the magistrates court and there will therefore be NO JURY
What are some problems that can occur when a case has been delayed
- Justice is denied
- Evidence can become problematic because it has been a while since the crime has occurred
- If accused is denied bail they can be held in remand for a ling time
How does the right to a jury both promote and demote the POJ of Fairness
Promote
- Fairness is achieved by having a jury and reducing the chance of the trial having biases
Demote
- Humans still have a chance to judge others, biases may still exist even if a little possibility+ don’t know everything bout the legal system
How does the right of silence promote and demote the POJ of equality
Promote
- Everybody has an equal right to stay silent if they so wish to
Demote
- Assumptions can be made of the physical characteristics if they don’t speak (E.g race or gender)
How does the right of the accused to be trailed without unreasonable delay achieve the POJ of equality
Promoted
- Access is achieved because the right ensures that people have access to the legal system and do not have unreasonable delay do deny them access to the legal system
What is a victim impact statement
If a person is found guilty/ pleads guilty to an offence, victims can make a statement to the court about how they have been affected in the crime
- Physically
- emotionally
- Financially ect
(Not needed but for extra marks for VICTIMS RIGHTS)
What is the victims of crime association tribunal (VOCAT)
hears and determines applications for financial assistance made by the victims of violent crimes committed
What is the victim of crime commission
Promotes issues that regularly affect victims of crime in the justice system and advocates to government on ways in which the justice and victim support system can be more beneficial for victims
Role of VLA
is a government agency that provides free legal information the community, and legal representation for people who cannot afford it.
What is the income test
The test applied by VLA to determine whether a duty lawyer can represent an accused. The test is satisfied when the accused can show they have limited income (e.g. primary source of income, social welfare payments ect)
What is the means test
A test applied by VLA to determine whether an application qualifies for legal assistance or representation in court (beyond the services of the duty lawyer on the day), It takes into account the applicants income, assets and expenses
what are the 4 types of assistance for accused or victims provided by the VLA
- Free legal advice (On website)
- Assistance free legal advice (Including help before court)
- Duty lawyer services
- Grants of legal assistance (paying for lawyers)
Strengths of VLA
Strengths
- Free legal info on VLA website, about legal proceedings, info, ect
- Helps people most in need (ppl with financial difficulty’s)
- Legal info in 30 languages
- Things like online chat, telephone services
Weaknesses of VLA
- Legal advice may not be enough for certain people, especially with indictable offences
- VLA does not have unlimited resources especially funding, possible that people may not qualify for income or means test and get VLA help and still not be able to get a lawyer.
-Not everybody is aware of what VLA is
What is a generalist CLC
A CLC that provides a broad range of legal services to people in a particular geographical area of VIC.
What is a specialist CLC
A CLC that focuses on a particular group of people or area of law (e.g. young people, asylum seekers, domestic violence and animal protection)
Role of CLC
CLC’s provide accused people with information, legal advice and ongoing assistance in a case.They also provide legal assistance in a case as well as legal information
How does the right to give evidence as a vulnderable witness achieve fairness?
It helps to achieve fairness as a victim may not be able to properly give evidence if they have to look at their attacker or abuser. The victim may feel a sense of intimidation and not fully say what happened to them. This right achieves fairness as it ensures the evidence given is true and reliable and not skewed in any because of factors like indimidation or trauma.
How does The right to a trial without unreasonable delay achieve access?
- Accused have access to the legal system as they are not being unreadonably delayed
-They have access to lawyer as they don’t have to pay extra because the trial has been unreasonably delayed
