Unit 3 SAC 1A Flashcards
Define summary offence
A minor crime generally heard in the Magistrate’s Court.
- no right to a jury
- contained in the Summary offences Act 1996
- less severe impact
- e.g. drink driving, disorderly conduct, minor assault
Define indictable offence
A serious offence, causing significant impact, heard by a judge and jury.
- contained in the Crimes Act 1958
- e.g. homicide offences, sexual offences, drug trafficking
Define indictable offences heard summarily
Serious offences heard as if they were minor offences in the Magistrate’s Court.
- faster, less expensive
- e.g. theft of a motor vehicle
Define the burden of proof
The onus of a party to prove the facts of a case to the standrad of proof.
What are the three rights of the accused?
- The right to be tried without unreasonable delay
- The right to silence
- The right to trial by jury
What are the three rights of the victim?
- The right to give evidence using alternative arrangements
- The right to be informed about the likely release date of the offender
- The right to be informed about the proceedings
What is the VLA?
Victoria Legal Aid is a government agency that provides free legal information to the community, and legal advice and representation for people who cannot afford to pay for a lawyer.
What is the role of the VLA?
To provide legal aid in the most effective, economic, and efficient manner, at an equitable basis.
What are the types of assistance VLA offers for accused people?
- information about the law, court processes, and basic legal principles
- Help Before Court service available for people charged with summary offence
- legal advice in person or over the phone
- access to duty lawyer
- grant of legal assistance
Strengths of the VLA
- free legal information (accessible)
- duty lawyer and grants of legal assistance are given to eligible people who are most in need
- multiple languages/interpreters available
- available to people in rural and remote areas because of internet access
Weaknesses of VLA
- those charged with an indictable offence cannot get much access to information or representation
- possible that some people can’t get access to legal representation through VLA
- an increase in demand and/or constraints on VLA’s budget could mean that fewer people are eligible for legal aid
What are CLCs?
Independent organisations that provide free legal services, including advice, information, and ongoing legal assistance and representation.
What are the roles of CLCs?
- generalist: broad services to people in a particular area e.g. Fiztroy
- specialist: particular group of people or area of law e.g. Victorian Aboriginal Service
Provide education to the community and advocate for changes to the justice system.
Strengths of CLCs
- free legal information available on website
- different languages, interpreter services
- educate community about legal processes
Weaknesses of CLCs
- insufficient funding to help everyone who needs legal assistance
- limited to assisting people people who are charged with a summary offences of victims of crime
- may not have enough staff or volunteers
What is a plea negotiations?
Pre-trial discussions between the prosecution and the accused aimed at resolving the case by agreeing on an outcome to the criminal charges laid.
What are the purposes of plea negotiations?
- provide certainty
- alleviate stress and trauma
- provide victim, court, and community with a formal acknowledgment of guilt from the accused
- more timely
When are plea negotiations appropriate?
- an earlier resolution to the case secures a win for the prosecution and avoids costs of a trial for the tax payer
- free up limited court resources, reduce the backlog of cases
- don’t have to suffer stress and trauma
- accused is willing to plead guilty
- accused is representing themselves
- victims and witnesses are reluctant to give evidence
When are plea negotiations not appropriate?
- when it is a high-profile case
- if the victim does not want the accused to receive lower charges/victim opposes such an agreement
- accused is not willing to plead guilty
- offence is too serious
What are the strengths of plea negotiations?
- prompt determination
- reduces trauma felt, as well as inconvenience and distress
- achieves certainty of guilty admission
- saves cost of full trial
What are the weaknesses of plea negotiations?
- held privately
- avoiding standard of proof
- victims don’t have final say
- waste resources if not undertaken immediately
What is the income test?
- Centrelink benefit card
- pensioner concessionin card
- declaration to show limited income
What is the means test?
- considers the person’s income and other assets
What are the types of assistance the VLA offers for victims of crime?
- information about going to court as witnesses, applications in relation to family violence, how to obtain financial assistance, get compensation from offender
- Victims Legal Service
- duty lawyers for personal safety intervention order
- grant of assistance for personal safety order or family violence protection order
What are the types of assistance CLCs offer for accused people?
- basic legal information such as Fitzroy Law Handbook
- legal advice and preliminary assistance
- ongoing casework or representation
What are the types of assistance CLCs offer for victims of crime?
- basic legal information such as fact sheets about family violence
- free legal advice and preliminary assistance
- duty lawyer services for family violence protection order and personal safety protection order
- ongoing casework
