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Legal Studies Units 3/4 > Unit 3 AOS 1 Part1 > Flashcards

Unit 3 AOS 1 Part1 Flashcards

1
Q

Summary Offence

A

A summary offence is a minor criminal offence heard before a magistrate alone in the Magistrates’ Court.

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2
Q

Examples of summary offences

A
  • Drink driving
  • Offensive behavior
  • Minor drug matters
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3
Q

Indictable Offence

A

An indictable offence is a serious offence, one which comes before County Court or Supreme Court (Trial Division).

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4
Q

Examples of indictable offences

A
  • Murder
  • Manslaughter
  • Armed Robbery
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5
Q

Committal Proceeding

A

Heard in the MC, is a pretrial procedure to determine whether the prosecution has evidence of sufficient weight to gain a conviction at trial.

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6
Q

Indictable Offences heard Summarily

A

Some indictable offences can be heard before a magistrate alone. The accused must consent to this process.

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7
Q

Benefits to Indictable offences heard summarily

A
  • It is quicker
  • It is cheaper
  • The maximum sanction that can be imposed is 2 years imprisonment.
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8
Q

The Burden of Proof
(Criminal)

A
  • Refers to the responsibility of proving the guilt of the accused in a court of law.
  • In a criminal case this rests with the
    prosecution.
  • In a civil case this rests with the plaintiff.
  • It is only fair that the party initiating the case must prove guilt.
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9
Q

Burden of Proof (Summary Offences)

A

With summary offences, the burden of proof rests with a “police prosecutor” (A senior police officer presenting the case on behalf of the state in the MC).

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10
Q

Burden of Proof (Indictable Offences)

A

With indictable offences, the burden of proof rests with the “Director of Public Prosecutions” (The prosecuting authority within the state of Victoria).

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11
Q

Standard of Proof
(Criminal)

A
  • Refers to the extent to which the guilt of the accused must be established in court.
  • In a criminal matter it is beyond reasonable doubt.
  • Is extremely high and enormously demanding.
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12
Q

Presumption of Innocence

A
  • Addresses in common law, Victorian law and international law.
  • All accused of a criminal offence are to be presumed innocent until proven guilty
  • Upholds fairness
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13
Q

The rights of the accused

A

Within Victoria’s criminal justice system, the accused possesses a number of important rights:
- The right to be tried without unreasonable delay
- The right to silence
- The right to a jury

These rights provide fair and equal treatment of the accused.

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14
Q

The right to be tried without unreasonable delay

A
  • Outlined in Section 25 of the Victorian Charter of Rights and Responsibilities.
  • Time will be needed by investigatory bodies.
  • Time required to thoroughly prepare a case for court.
  • Every effort must be made to prevent undue delays.
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15
Q

The right to silence

A
  • An individual does not need to respond to questions put to them by the police.
  • Accused cannot be compelled to answer questions at trial.
  • No negative inferences can be drawn from an accused who chooses to maintain silence.
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16
Q

The right to a jury

A
  • If the accused’s trial is to unfold in the CC or SC (TD) there must be a jury.
  • Jury will determine the verdict.
  • A jury assists in fairness as an independent, impartial, third party.
17
Q

Rights of the victim

A
  • Right to give evidence using alternative arrangements
  • Right to be informed of proceedings
  • Right to be informed of likely release date
18
Q

The right to give evidence using alternative arrangements

A
  • Victim will need to provide account of events on different occasions, providing evidence can be traumatic.
  • Provisions can be put in place for the witness.
  • Victims who may need special provisions include:
    • Children
    • Mentally Impaired
    • Victim of violent or
      sexual offences
19
Q

Alternative Arrangements for victims

A
  • Giving evidence from behind a screen
  • Support person
  • CCTV
  • Closed Court
20
Q

The right to be informed of proceedings

A
  • “Victims Charter” outlines this particular right.
  • Police keep the victim informed of proceedings.
  • Information will not be passed on if it could jeopardize the investigation.
  • Prosecuting bodies will inform the victim of charges laid, date and place of trial, outcome.
21
Q

Right to be informed of likely release date

A
  • A victim of a violent crime placed on “Victims Register”.
  • Victim can access certain details, such as length of sentence.
  • Victim can also be informed of when offender will be released from imprisonment or if eligible for parole.
  • If eligible for parole victim can make a submission to the Adult Parole Board to outline impact of release on them.
22
Q

The Principles of Justice

A

Fairness, Equality, Access

23
Q

Fairness

A
  • Parties being treated impartially.
  • Parties being able to participate in CJS.
  • The workings of the CJS are to be open.
24
Q

Processes, Procedures, and Principles: Fairness

A
  • Independent, impartial judge or magistrate.
  • Independent, impartial jury.
  • Rights of accused and victim.
  • Aggravating and Mitigating factors.
  • Strict rules of evidence, procedure.
25
Q

Equality

A
  • Involves both parties being treated similarly.
  • Both parties of same status.
  • If results in disadvantage, measures must be put in place to address this.
26
Q

Processes, Procedures, and Principles: Equality

A
  • Each party has the opportunity to present it’s case.
  • Key personnel; judge, jury.
  • Interpreters.
  • Swear an oath on a holy book of choice.
27
Q

Access

A
  • Involves both parties being informed and being able to engage in the CJS.
  • Parties need to be able to use the system to resolve disputes.
28
Q

Institutions, processes, and services: Access

A
  • VLA and CLCs.
  • Court Hierarchy.
  • Committal Proceedings in MC.
  • Plea negotiations.
29
Q

Victoria Legal Aid

A
  • When an individual is charged legal assistance will be needed.
  • Victim of a crime might need legal assistance.
  • Government funded body.
  • Provided legal information and education.
  • VLA will also provide funding for legal representation in some cases.
30
Q

VLA: Service for Accused

A
  • 15 VLA offices exist throughout Vic for in-person appointments.
  • Telephone Hotline.
  • Comprehensive Website.
  • “Help Before Court” service.
  • Duty Lawyers, represent those who show up to court unrepresented.
  • Funding for legal rep for those eligible, VLA will consider financial situation. (income, assets)
31
Q

VLA: Services for Victim

A
  • How to navigate CJS inc. rights and how to engage in processes.
  • How to obtain a protection order.
  • How to obtain financial assistance and compensation (VOCAT)
32
Q

VOCAT

A
  • Victims of Crime Assistance Tribunal.
  • Duty lawyers and funding for those using VOCAT.
33
Q

“Help Before Court”

A
  • 14+ days before appearance in MC or Children’s Court can contact this service for assistance.
34
Q

Community Legal Centers

A
  • Exist throughout Victoria to provide free legal information and advice.
  • CLCs specifically focus on those who are disadvantaged or who have special needs.
  • Throughout Victoria there are 24 general CLCs.
  • In addition there are a number of specialist CLCs.
35
Q

CLCs: Services for accused

A
  • Provision of information.
  • Preliminary legal advice and assistance for an accused awaiting court.
  • Ongoing legal assistance and rep - must be eligible.
36
Q

CLCs: Services for the victims

A
  • How to navigate CJS.
  • How to apply for intervention orders.
  • How to seek financial assistance and compensation.
  • YouthLaw: Assistance to young people under the age of 25.
37
Q

Plea Negotiations

A
  • Can unfold prior to criminal action.
  • Involve both pros and accused.
  • Attempt to avoid hearing or trial.
  • Attempt to gain guilty plea.
  • Pros will provide accused with an incentive:
    • A reduction in
      the seriousness of
      charges
    • A reduction in the
      number of charges
      faced
38
Q

Purposes of Plea Negotiations

A
  • Encourage a guilty plea from accused.
  • Trial to be avoided.
  • Time, money and resources are saved.
  • Court will be freed up for further contested matters.
  • Beneficial to pros if concerned about strength of evidence.
  • Result in conviction.
  • Stress, trauma and inconvenience avoided.
39
Q

Appropriateness of Plea Negotiations

A
  • Supporters of p/n refer to efficiency of CJS being enhanced. Appropriate if their are concerns about pros case, conviction guaranteed.
  • Critics suggest it may be a soft outcome, also accused might plead guilt to finish matter.

Legal Studies Units 3/4 (6 decks)

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