Unit 3: Area of Study 1 - The Victorian Criminal Justice System Flashcards
Principles of Justice
- Fairness
- Equality
- Access
Fairness in the Criminal Justice System
Is where an individual has a fair and unbiased hearing
How Fairness is Upheld in the Criminal Justice System (List 2)
- By having an impartial Adjudicator
- By understanding Court processes
- Having the opportunity to Appeal a case
- The availability of legal representation
Equality in the Criminal Justice System
Is how all people should be treated equally under the law and have an equal opportunity to present their case
How Equality is Upheld in the Criminal Justice System (List 1)
- The use of a Judge and Jury
- The extent to which the law applies to everybody
Access in the Criminal Justice System
Is how people should be able to understand their legal rights and have their case heard in a Court
How Access is Upheld in the Criminal Justice System (List 2)
- Plea Negotiations
- Sentence Indications
- Being able to have your case heard without long delays
Parties in a Criminal Case
- Prosecution
- Defence
Prosecution
Is the party who brings the Criminal Case to Court. This is the Crown
Accused
The person who is charged with a Criminal Offence
Types of Criminal Offences
- Summary Offences
- Indictable Offences
Summary Offences
Minor Criminal Offences
Court that Hears Summary Offences
Magistrate’s Court
Is a Jury Present when Hearing Summary Offences?
No
Name of the Final Hearing when Summary Offences are committed
Hearing
Examples of Summary Offences
- Common Assault
- Traffic Offences
Sanctions for Summary Offences
- Fines
- Short Terms of Imprisonment
Indictable Offences
Are serious Criminal Offences
Courts that Hear Indictable Offences
- County Court
- Supreme Court
Is a Jury Present when Hearing Indictable Offences?
Yes, if the Accused pleads ‘Not Guilty’
Name of the Final Hearing when Indictable Offences are Committed
Trial
Examples of Indictable Offences
- Murder
- Rape
Sanctions for Indictable Offences
- Large Fines
- Long Prison Sentences
Indictable Offences Heard Summarily
Is an Indictable Offence that is heard in the Magistrates’ Court
Examples of Indictable Offences Heard Summarily (List 2)
- Theft
- Robbery
- Burglary under $100,000
Sanctions for Indictable Offences Heard Summarily
- Fines
- Short Terms of imprisonment
Burden of Proof
Is the party in a case who has the responsibility to prove the guilt of the Accused
Who has the Burden of Proof in a Criminal Case?
The Prosecution
Standard of Proof
Is the level of confidence in the evidence of the case that is required
What is the Standard of Proof in a Criminal Case?
Beyond a Reasonable Doubt
What does Beyond a Reasonable Doubt Mean?
Beyond a Reasonable Doubt means that the decision must be free from all reasonable doubts. All (or most) Jurors must agree that the Standard of Proof is Beyond a Reasonable Doubt
Presumption of Innocence
Is how all Accused persons are assumed innocent until or if they are proven guilty
Ways that the Presumption of Innocence is Upheld
- The Accused having the Right to Silence
- The Burden of Proof resting with the Prosecution
Rights of the Accused
- The right to be tried without unreasonable delay
- The right to a fair hearing
- The right to trial by Jury
The Right to be Tried Without Unreasonable Delay
Is how all accused have the right to have their matter heard within a reasonable timeframe
Sources of the Right to be Tried Without Unreasonable Delay
Sections 21 and 25 of the Victorian Charter of Human Rights
Consequences of Failing to Uphold The Right to be Tried Without Unreasonable Delay
- “Justice too long delayed is justice denied”
- Witnesses may forget key information due to the length between the incident and the Hearing/Trial
The Right to a Fair Hearing
Is how the Accused has the right to have their case heard by a competent, independent and impartial Court
Source of The Right to a Fair Hearing
Section 24 of the Victorian Charter of Human Rights
The Right to Trial by Jury
Is how under the Criminal Procedure Act, a trial by Jury must take place if the Accused has pleaded Not Guilty
Sources of The Right to Trial by Jury
The Australian Constitution and Victorian Statute Law
How the Rights of the Accused Upholds the Principles Justice: Fairness (List 2)
- Quicker Resolution: The right to be tried without unreasonable delay upholds Fairness as the Accused people/s or victim/s do not have to endure prolonged anxiety and stress of waiting for the resolution of their case
- Fair Trial: The right to a fair trial upholds fairness as Accused persons are given the best possible opportunity to defend charges against them and test the accuracy of evidence presented by the Prosecution, for victims to have their say and for legal representatives to build the best case for their clients
- Unbiased: The right to a fair hearing ensures decisions are based on the law and the facts, not on bias or prejudice
How the Rights of the Accused Upholds the Principles Justice: Equality (List 2)
- Minimises Delays: The right to be tried without unreasonable delay upholds Equality as all Accused persons, irrespective of the circumstances of their case, the crime they are accused of or their personal characteristics, will not have to endure unreasonable delays
- Same Process for all Accused: The right to a fair hearing upholds Equality as the same fundamental rules of evidence and procedure apply for all Accused persons
- Jury Trials: Equality is achieved as all Accused persons have the right to be tried by a Jury of their peers if they have been accused of an Indictable Offence, regardless of their personal circumstances
How the Rights of the Accused Upholds the Principles Justice: Access (List 2)
- Timely: The right to be tried without unreasonable delay upholds Access because if cases are resolved in a timely manner, case backlogs may be relieved, enabling other matters to move through the Criminal Justice System more swiftly
- Just Outcome: The right to a fair hearing upholds Access as Accused persons are given the best possible chance to achieve a just outcome
- Community Involvement:
The right to trial by jury upholds Access as members of the public are able to engage with and participate in the Criminal Justice System, all Accused persons may access Jury trial, as the state bears the cost
Rights of the Victim
- The Right to give Evidence as a Vulnerable Witness
- The Right to be Informed about Proceedings
- The Right to be Informed of the Likely Release Date of the Accused
Vulnerable Witness
Is a person who is under the age of 18, suffers from a mental disability, is an alleged victim of a sexual offence or is an alleged victim of family violence
Victims’ Register
Is a database that is maintained by the state of Victoria to provide the victims of violent crimes with relevant information about prisoners whilst they are in prison
The Right to Give Evidence as a Vulnerable Witness
Is how certain victims who are witnesses to a crime may be entitled to be vulnerable and therefore able to give evidence to the Court in alternative ways
Alternative ways Vulnerable Witnesses Can Give Evidence (List 2)
- The Witness can give evidence from another location via CCTV
- Screens can be erected so that the Witness cannot see the accused in the Courtroom
- The Court may approve a ‘support person’ to sit beside the Witness
Sources of the Right to Give Evidence as a Vulnerable Witness
Provisions of the Criminal Procedure Act and the Evidence Act
The Right to be Informed About Proceedings
Is how the Police and OPP must inform the Victim about their rights to support services ad the progress of the investigation. Once the Prosecution has started, they must inform the Victim of any charges and how they can find out details of the trial, including the outcome
Sources of The Right to be Informed About Proceedings
Sections 7, 8, 9 of the Victims’ Charter
The Right to be Informed of the Likely Release Date of the Accused
If a person is a Victim of a criminal act of violence and are on the Victims’ Register, they may receive information about the likely release date of the prisoner
Source of The Right to be Informed of the Likely Release Date of the Accused
Section 17 of the Victims’ Charter
Parole
Is the supervised and conditional release of a prisoner after a minimum prison term has been sentenced
If a Victim is Placed on the Victims Register, they may be Entitled to Know Information Such as (List 2)
- The length of the Offender’s sentence
- Earliest Parole date
- Changes to the length of the Offender’s sentence
- Escape from Prison
- Offender’s death during Prison
Institutions that are Available to Assist an Accused Person
- Victorian Legal Aid (VLA)
- Community Legal Centres (CLC’s)
Victorian Legal Aid (VLA)
Is a Government agency which provides free legal advice and information regarding a range of legal matters at low or no cost
Duty Lawyer
Is a Lawyer that gives advice (and sometimes representation) at the Magistrates’ and/or Children’s Court for minor matters
Means Tests
Is a test which assess the applicant’s income, assets and expenses to see if they qualify for assistance
Income Test
Is a test to see whether the applicant’s income is low enough to qualify for assistance
Roles of Victorian Legal Aid (List 2)
- Provide free legal information
- Provide free legal advice for eligible people such as the disabled, homeless, under 18 and that do not have enough money
- Provide a Duty Lawyer
- Undertakes Income Tests
- Undertakes Means Tests
Strengths of Victorian Legal Aid in Promoting Fairness (List 1)
- VLA’s eligibility criteria for a grant of legal assistance/legal representation ensure those most at risk of a serious sanction are at least able to afford a private lawyer and are provided with legal representation
- The provision of Duty Lawyers in the Magistrates’ Court provides advice and assistance to some Accused persons, ensuring a Fairer hearing for those individuals
Weaknesses of Victorian Legal Aid in Promoting Fairness (List 1)
- VLA’s strict eligibility criteria and a very tight budget means it is only able to provide legal advice and representation to a small number of Accused persons, many Accused persons charged with Criminal Offences do not meet VLA’s eligibility criteria but cannot afford a private Lawyer; as a result, VLA is limited in its ability to ensure Fairness across the Criminal Justice System
- Duty lawyers are not available to all accused persons in the Magistrates’ Court
Strengths of Victorian Legal Aid in Promoting Equality (List 1)
- VLA’s eligibility criteria ensure legal support is provided to those most in need regardless of their personal characteristics such as race, religion, gender etc. This promotes Equality in the administration of Justice
- All members of society regardless of their personal characteristics such as wealth, religion etc. can access all of VLA’s published information
Weakness of Victorian Legal Aid in Promoting Equality
- The strict eligibility criteria for legal assistance means that many accused persons are unable to get support from VLA and are therefore unrepresented. VLA can only represent the very poor since the rich can get their own personal Lawyers. The people in the middle may need to represent themselves since they don’t fit in the criteria
Strength of Victorian Legal Aid in Promoting Access
VLA publishes free information about Criminal Proceedings and the Court System, improving many Accused Persons’ understandings of the Legal System and how to defend the alleged charges
Weaknesses of Victorian Legal Aid in Promoting Access (List 1)
- Information published by VLA about the Legal System is general and limited to some disputes. Because of this, it promotes the understanding of the Legal System for only some Accused Persons
- A lot of VLA’s information about the Criminal Justice System is provided online; those with low incomes, the homeless or the elderly may not have access to a device that is connected to internet and because of this, they cannot get any legal advice
Community Legal Centres
Community Legal Centres are independent community organisations that provide free legal services to the public
Roles of Community Legal Centres (List 2)
- Provides basic information (mostly online)
- Provides initial Legal advice in the Centre or over the phone
- Provides Duty Lawyers at the Court for urgent matters
Strength of Community Legal Centres in Promoting Fairness
Even though the information that is provided by CLC’S is limited, as an accused person who has sought advice from a CLC is in a better position to present their Defence in its best light, promoting Fairness
Weakness of Community Legal Centres in Promoting Fairness
CLC’s often provide legal advice and casework for relatively minor Criminal Matters and cannot assist those who have committed Indictable Offences
Strength of Community Legal Centres in Promoting Equality
CLC’s often provide an Interpreter service to ensure those from non-English speaking backgrounds can access Legal Assistance in a language they understand, promoting Equality in the Justice System
Weakness of Community Legal Centres in Promoting Equality
As CLC’s usually provide limited assistance to those charged with Summary Offences and do not help those people who have been charged with Indictable Offences
Strength of Community Legal Centres in Promoting Access
CLC’s provide free Legal Advice and information, meaning education on the Justice System is accessible to all people within the CLC’s local community
Weakness of Community Legal Centres in Promoting Access
Relatively few CLC’s are located in rural parts of Victoria, limiting Access to Legal Information and advice for those in remote areas
Committal Proceeding
Is a pre-trial procedure that aims to determine the Guilt of an Accused person. This occurs in the Magistrates’ Court when the Accused has been charged with one or more Indictable Offences and has pleaded ‘Not Guilty’ or has not pleaded at all yet
Committal Hearing
Is the main and final stage of Committal Proceedings, which allows the Accused to question the Prosecution’s Witnesses and make submissions about Charges. If the Magistrate determines there is sufficient evidence, the Accused will stand Trial. If the Magistrate determines there is not enough evidence, the accused will be allowed to go free. However, they can be brought back if more evidence is found
Purposes of Committal Hearings (List 2)
- To determine whether a charge for an Indictable Offence is appropriate to be heard and determined Summarily
- To decide if there is enough evidence to support a Conviction
- To find out if the accused plans to plead Guilty or Not Guilty
- To ensure a Fair Trial, if the matter proceeds to Trial
Strengths of Committal Proceedings (List 2)
- Helps filter out weak cases
- Allows the accused to be informed of the Prosecutor’s case against them
- The Onus is on the Prosecutor to establish enough Evidence
- It may result in withdrawal or combination of Charges
- It gives the Accused the opportunity to test the strength of the Prosecutor’s case
Weaknesses of Committal Proceedings (List 2)
- Complicated process and can be unfair for an unrepresented party
- They can be expensive
- They can add to delays
- They can contribute to stress and inconvenience of the Accused, Victims and families
- It may be considered unnecessary for stronger cases
How Committal Proceedings Achieves Fairness
Committal Proceedings filters out weaker cases, allowing efficiency in the Courts, which ultimately reduces time delays
How Committal Proceedings Does not Achieve Fairness
If the Magistrate finds insufficient evidence, the Department of Public Prosecutions may still commit the Accused to stand trial
How Committal Proceedings Achieves Equality
Committal Proceedings allow both Parties to be informed of the evidence that is against them
How Committal Proceedings Does not Achieve Equality
The process of Committal Proceedings is very difficult without Legal Representation, which makes it unequal compared to the Prosecution who have access to a panel of experienced Lawyers
How Committal Proceedings Achieves Access
Committal Proceedings enhances Access to the Legal System as the Accused sees all the evidence against them to decide on their Plea
How Committal Proceedings Do not Achieve Access
The processes surrounding Committal Proceedings is hard to navigate if the Accused is unrepresented
Plea Negotiations
Is an informal process between the Accused, the Lawyer and the Prosecution where negotiations are made for the Accused to agree to Plea Guilty to fewer Charges or a Lesser Charge such as agreeing to Plea Guilty to Manslaughter instead of Murder
Purposes of Plea Negotiations
- To resolve a case efficiently and secure a Conviction
- To avoid the stress of a Trial for those involved, such as a Vulnerable Witness
When are Plea Negotiations Appropriate? (List 2)
- When the Accused is willing to cooperate
- When the Prosecution has a strong case
- When Witnesses are willing to provide Evidence
Strengths of Plea Negotiations (List 2)
- They save the costs that are associated with a full Trial or Hearing
- It ensures a quick determination of Criminal Cases
- Victims and others are saved from the trauma, inconvenience and distress of the trial process
- They will lead to a certain outcome
Weaknesses of Plea Negotiations (List 2)
- Victims and the community may feel the accused’s ‘let off’ or will get a lenient sentence
- The Accused may feel pressured into accepting a deal
- It avoids the need for the Prosecutor to prove the case ‘Beyond a Reasonable Doubt’
- Negotiations are held privately and do not need to be disclosed
- If the Negotiations do not succeed, either Party may get an insight into the other Party’s case
Sentence Indications
Are given out by the Court to let the Accused know what their Sanction is likely to be if they are to Plead Guilty. This can be used for both Summary and Indictable Offences if the Accused applies and the Prosecution agrees. They cannot be used against the Accused if they proceed with the Trial and the Sentence imposed must not be more severe than the Indication
Purposes of Sentence Indications
- They provide a level of certainty for the Accused about what their sentence is likely to be
- It reduces the time that is spent in Court, and therefore costs and resources by encouraging an early Guilty Plea
When are Sentence Indications Appropriate?
- When the Accused applies for the Indication
- When there is sufficient information
- When the Prosecution consents
The Victorian Court Hierarchy (From the Bottom to Top)
- Magistrates’ Court
- County Court
- Supreme Court (Trial Division)
- Supreme Court (Court of Appeal)
- High Court of Australia
Original Jurisdiction
Is the power of a Court to hear a case for the first time
Appellate Jurisdiction
Is the power of a Court to hear a case on Appeal
Criminal Jurisdiction
Is the power of a Court to hear Criminal matters
Jurisdiction
Is the Legal authority of a Court or other Dispute Resolution Bodies to decide the outcome of Legal cases
The Reasons for a Court Hierarchy
- Specialisation of Courts
- Appeals
- Administrative Convenience
Specialisation of Courts
Is when Courts specialise in an area and gain expertise and efficiency in that area. For example, less serious cases are heard in the Lower Courts, such as the Magistrates’ Court whilst the more serious cases are heard in the Higher Courts, such as the Supreme Court
Appeals
Appeals occur when a Party is unhappy with the outcome of their case. Grounds of Appeal can include a Question of Law, a Conviction or a Sanction. An Appellant may need to seek leave for their Appeal when Appealing to the Court of Appeal and their High Court
Original Jurisdiction of the Magistrates’ Court (List 2)
- Summary Offences
- Indictable Offences Heard Summarily
- Committal Proceedings
- Bail Applications
- Warrant Applications
Appellate Jurisdiction of the Magistrates’ Court
No Appellate Jurisdiction
Original Jurisdiction of the County Court
Hears Indictable Offences except Murder, Attempted Murder
Appellate Jurisdiction of the County Court
Hears Appeals from the Magistrates’ Court on Conviction or Sentence (in limited circumstances
Original Jurisdiction of the Supreme Court (Trial Division)
Hears serious Indictable Offences including Murder and Attempted Murder
Appellate Jurisdiction of the Supreme Court (Trial Division)
Hears Appeals from the Magistrates’ Court on Points of Law, Conviction or Sentence (in limited circumstances)
Original Jurisdiction of the Supreme Court (Court of Appeal)
No Original Jurisdiction
Appellate Jurisdiction of the Supreme Court (Court of Appeal)
Hears Appeals from the County Court or the Supreme Court (Trial Division)
The Judge
Is an impartial adjudicator who is appointed to hear Trials or Hearings
The Responsibilities of Judges in a Criminal Case (List 2)
- Managing the Trial through Case Management
- Giving Directions to the Parties
- Asking Witnesses questions
- Determining the Verdict (If there is no Jury)
- Determining the Remedy
The Jury
Criminal Trials in both the County and Supreme Courts require a Jury which consists of 12 randomly selected Jurors
The Responsibilities of the Jury in a Criminal Case (List 2)
- Being objective when partaking in a case
- Listening to and remembering the evidence of the case (Jurors are allowed to take notes in a notebook)
- Listening to the Judge’s direction and their summing up of a case
- Delivering a verdict (Guilty or Not Guilty)
- Keeping deliberations confidential
Responsibilities of the Parties in a Criminal Case (List 2)
- Giving opening and closing addresses
- Making submissions about sentencing
- Assisting the Judge in Jury matters
Legal Practitioners
There are two types of Legal Practitioners: Solicitors and Barristers. Solicitors prepare the case, drafts documents and develops evidence about the case whilst Barrister presents the case at a trial
Responsibilities of Legal Practitioners in a Criminal Case (List 2)
- Preparing documents and evidence about the case
- Complying with their duty to the Court
Presenting their client’s case in the best possible light - Not misleading the Court
- Not presenting false Evidence
Sanctions
Are penalties that are imposed by a Court if an Accused is found Guilty or Pleads Guilty
Purposes of Sanctions
- Rehabilitation
- Punishment
- Deterrence
- Denunciation
- Protection
Purpose of Sanctions: Rehabilitation
Is designed to reform an Offender in order to prevent them from committing Offences in the future
Ways Courts Rehabilitate an Offender (List 2)
- Imposing a short Jail stay
- A Sanction without Jail
- A Sanction that will include treatment
Purpose of Sanctions: Punishment
Is designed to make the Offender ‘pay’ for their crime
Purpose of Sanctions: Deterrence
Is designed to discourage people from committing crimes
General Deterrence
Is aimed at the community in general and to deter them from committing similar Offences
Specific Deterrence
Is aimed at the Offender to prevent them from committing the same Offence again
Purpose of Sanctions: Denunciations
Is when there is disapproval of the Offender’s behaviour. For example, the Court may give a harsher sentence for a particularly violent crime to demonstrate disapproval of the behaviour
Purpose of Sanctions: Protection
Is aimed to safeguard the community from the Offender. Prison is usually the Sanction
Types of Sanctions
- Fines
- Community Correction Order (CCO)
- Imprisonment
Fines
Are monetary payments that are ordered by a Court as a penalty for a Criminal Offence. These are expressed in Penalty Units. Fines are paid to the State of Victoria, not to the Victim
Purposes of Fines
- To punish the Offence
- To Deter the Offender
- Denunciation
The Ability of Fines to Achieve their Purposes
The more wealthy the Offender is, they Fines will act as only a small Punishment. Additionally, the highest Fine that is available in the Statute may not be very high. Finally, a small Fine may only act as Deterrence to the very poor
Community Correction Order (CCO)
Is a supervised sentence in the community that includes special conditions such as the the treatment of the Offender and unpaid community work for a certain number of hours
Conditions that are Attached to Every Community Correction Order (List 2)
- The Offender must not commit another offence punishable by imprisonment during the term of the order
- The Offender must report to a specified community corrections centre within two working days of the order coming into force
- The Offender must report to and receive visits from a Community Corrections Officer
- The Offender must notify an Officer of a change of address
- The Offender must not leave Victoria without permission
- The Offender must comply with any directions of Community Corrections Officers
Sentencing Purposes of Community Corrections Orders
- To punish the Offender by limiting their freedom
- To Rehabilitate them (when it includes treatment for Drugs or Alcohol)
- May act as Specific Deterrence by the Offender having to do Community Work
Factors to Consider when Determining Whether a Community Corrections Order Achieve their Purpose (List 2)
- Whether there is a condition that will achieve the right purpose for the particular type of Offence
- The most appropriate condition to be imposed, and whether the Court imposes that condition
- Whether the Offender will comply with the conditions
- Whether a CCO properly protects the community, where protection is a relevant purpose
- Whether there is another or better Sanction that will achieve the necessary purposes
Imprisonment
Is a Sanction that involves removing the Offender from society for a period of time and placing them in Prison
Concurrent Sentence
Is when the Offender serves 2 or more Sentences at the same time
Cumulative Sentence
Is when the Offender serves 2 or more Sentences one after the other
When Cumulative Sentences Must be Given (List 2)
- When certain Indictable Offences such as Arson occur
- Where Imprisonment is in default of payment of a Fine
- When a Prisoner commits an Offence
- When a person on Parole or Bail commits an Offence
Aggregate Sentence
Is an overall sentence that may be given out by a Judge, rather than separate Sentences for separate Offences. This Sentence cannot exceed the total that would have been imposed if separate sentences were received for each Charge
Indefinite Sentence
Is when an Offender has been Convicted by the County or Supreme Court for a serious Offence such as Murder. This can only be imposed if the Offender poses serious danger to the community
Purposes of Imprisonment
- Punishment - Losing freedom from society
- Protection - Dangerous people are removed from society
- Rehabilitation - Prisoners may undergo for certain Offences
- Denunciation - A long Prison term demonstrates the disapproval of the Offence
- Deterrence - Most people don’t want to go to prison and acts as a way for a person to not want to go to Prison once released
Types of Sentencing Factors
- Aggravating Factors
- Mitigating Factors
- Guilty Pleas
- Victim Impact Statements
Aggravating Factors
Are circumstances bout the offender or the offence that can increase the seriousness of the offences. If they are present, a higher sentence is normally imposed
Examples of Aggravating Factors (List 3)
- The use of violence, explosives or a weapon when committing an offence
- Nature and gravity of offence (particularly cruel, unprovoked, pre-planned etc.)
- Vulnerabilities of the victim (e.g. disability, young, old etc.)
- Offender motivated my hatred or prejudice against a person or group of people
- Offence committed in front of children
- Breach of trust by the offender
- Offence occurred while the offence is on a CCO or Bail
Mitigating Factors
Are Factors that relate to the Offender, the Victim or the Offence that reduce the seriousness of the Sentence
Examples of Mitigating Factors (List 2)
- The Offender was provoked by the Victim
- The Offender showed remorse
- The Offender has no previous Convictions
- The Offender has cooperated with Police and made full Admissions
- Injury or harm was minor
- The Offender was young or had a Disability that made them not fully aware of the consequences
- The Offender Plead Guilty early
Guilty Pleas
The Court must consider a Guilty Plea in Sentencing, particularly the timing of the plea (e.g. before or at the start of the Trial)
The Sentencing Act says that Guilty Pleas Must be Considered Because
- If an offender knows a Guilty plea is taken into account, it may encourage them to Plea Guilty rather than going to Trial
- An early Guilty Plea avoids the time, expense and stress of a trial for all Parties that are involved, particularly the Victims and their families
- The Court must state the amount of the ‘Discount’ for the Guilty Plea
Victim Impact Statements
Are statements that contain details of loss, injury and damage that was suffered as the result of the Offence. Medical and Psychological reports can also be attached. When sentencing, the Court must take into account the impact and circumstances of the Victim
Factors that Affect the Principles of Justice
- Costs
- Time
- Cultural Differences
Factors that Affect the Principles of Justice: Costs
The Costs of Legal Representation is the main Costs that the Accused will endure. If an accused is unable to afford a Lawyer, they may seek assistance from Victoria Legal Aid or a community legal centre. However, with limited funding, many don’t qualify and will be forced to represent themselves
How Costs of Legal Representation does not Achieve Fairness
If the Accused cannot afford a Lawyer, they may have an unfair result due to their lacking of understanding of Court Procedures and the language that is used in Criminal Trials
How the Costs of Legal Representation does not Achieve Equality
If Parties cannot afford Legal Representation, they are at risk of not being treated Equally under the Law as they might be up against very skilled Lawyers who understand the Law and the rules of the Court. This places the unrepresented Accused at risk of not being able to perform at the same level as their opponent
How the Costs of Legal Representation does not Achieve Access
An Accused who cannot pay for Legal Representation may have trouble accessing the Courts, which may result in them having to Plead Guilty to a Crime that they may not have committed because they do not have the means or the ability to Defend their case
Factors that Affect the Principles of Justice: Time
There are delays in having a matter heard before the Courts as they have to complete a lot of paperwork. The use of Plea Negotiations help reduce these delays significantly by encouraging an early Plea, meaning a faster resolution of the Case
Factors that Affect the Principles of Justice: Cultural Factors
Cultural-based difficulties include difficulties that are faced by Aboriginal and Torres Strait Islander people such as language barriers
Examples of Difficulties that are faced by Aboriginal and Torres Strait Islander People (List 1)
- Understanding and responding to the English language
- They are forbidden to talk about certain things, such as the names of the dead
Recent Reforms to the Victorian Legal System
- The Expansion of the Koori Court
- The Implementation of Victim Support Dogs
Koori Court
Is a division of the Magistrates’, County and Children’s Courts and hear cases just regarding Aboriginal and Torres Strait Islander people when it within their Jurisdiction, consent is given and there is a Guilty Plea
The Expansion of the Koori Court
A second Koori Court in Warnambool opened in 2019
Victim Support Dogs
Support dogs were trialed in 2017. The program officially began in 2019. The dogs are trained to support Vulnerable Witnesses in another location or in the Courtroom. Research has found that these dogs significantly reduced the stress of Witnesses, and have been found to need fewer breaks when giving Evidence. Permission must be sought from the Magistrate or Judge to allow the dog to be used. There are now 6 dogs used in the program
Recommended Criminal Reforms
- The Continued Expansion of the Koori Court
- Increased Funding for Legal Aid Centres and other Services
The Continued Expansion of the Koori Court
There are plans to expand the Koori County Court to all locations which have a Koori Magistrates’ Court. The intention is to expand all Koori Court facilities widely throughout Victoria
Increased Funding for Legal Aid Centres and other Services
The Law Council of Australia conducted a report in 2018 into the state of Justice for Australians who experience disadvantage. One recommendation was to fund additional resources for Legal support services such as Legal Aid and Community Legal Centres. The minimum additional resources should be $390 million per year
