Unit 3 AOS1 - The Victorian Criminal Justice System Flashcards
Summary Offences (Summary Offences Act 1966 (VIC))
Minor criminal offences are usually heard in the Magistrates Court, examples such as common assault and disorderly conduct.
Indictable Offences (Crimes Act 1955 (VIC))
Criminal offences that are serious in nature and are generally heard by a judge or jury in the County or Supreme Court.
Indictable Offences Heard Summarily
A subset of indictable offences that can be heard in a Magistrates Court in a manner similar to a summary offence.
Burden of Proof
The responsibility of a party to prove the facts of a case, in a criminal case the prosecution represented by the state.
Standard of Proof
The degree to which the facts of a case must be proven for the accused to be found guilty, in a criminal case the standard is beyond reasonable doubt.
Presumption of Innocence
The right for all accused persons to be presumed innocent until proven otherwise beyond reasonable doubt as guilty.
Right to be Tried Without Unreasonable Delay
An entitlement accused people possess to have their case heard in a timely manner unless the court considers the delays reasonable.
Right to Silence
A common law right that allows a person to remain silent when questioned by police and in the court, whenever asked to supply information by a person of authority.
Right to Trial by Jury
A right to be tried by unbiased members of the community who have been randomly selected from the electoral roll.
Right for Alternative Evidence-Giving Arrangements
An entitlement for victims and witnesses of certain crimes (Sexual, Physical, Family Violence) in Victoria to give evidence in a non-standard way to be less traumatic for them.
Right to be Informed
The right to be informed about the proceedings is an entitlement whereby victims are provided with information about a case subject to certain limitations.
Right to be Informed about Likely Release Dates
A right that is provided to victims of certain violent crimes whereby they can apply to be registered on the Victims register and will be informed of the likely release date of the offender.
Fairness
All people can participate in the justice system and its processes should be impartial and open.
Equality
All people engaging in the justice system and its processes should be treated in the same way, unless this creates a disadvantage in which measures should be taken.
Access
All people should be able to engage with the justice system and its processes on an informed basis.
