Unit 3 SAC 1B part 2 Flashcards
What is original jurisdiction?
The power of a court to hear a case for the first time.
What is appellate jurisdiction?
The power of a court to hear appeals.
What is the specialisation of the Supreme Court (Court of Appeals)?
- determining criminal appeals in indictable offences
- expertise in sentencing principles
What is the specialisation of the Supreme Court (Trial Division)?
- hears the most serious indictable offences (murder and manslaughter
What is the specialisation of the County Court?
- particular types of indictable offence (sexual offences and drug offences)
What is the specialisation of the Magistrates Court?
- summary offences that need to be dealt with quickly
- committal proceedings
- self represented litigants
What are the weaknesses of the court hierarchy?
- different courts may be confusing
- there isn’t an automatic right to appeal which can restrict access for some individuals
What are the strengths of the judge and Magistrate?
- impartial umpire
- manage hearing process and ensure equality
- assist the self-represented litigants
What are the weaknesses of the judge and Magistrate?
- possible apprehended or actual bias
- lack of diversity in judges and Magistrates
- judges and Magistrates cannot overly intervene in the case
What are the strengths of the jury?
- randomly selected, and make decisions solely on the facts presented to them
- allows for the public to participate
- collective decision-making reduces bias
- juries represent a cross-section of the community
What are the weaknesses of the jury
- may have unconscious bias
- don’t have to give reasons for their decisions
- the jury may not understand processes
- further delays
- section of community may not be represented because of ineligibility
What are the strengths of the parties?
- disclosing all relevant information means there is no ‘trial by ambush’
- both parties have an equal opportunity to present their case
- the accused can do nothing if they choose to
What are the weaknesses of the parties?
- Victorian Law Reform Commission noted that early and adequate disclosure of info is an issue
- difficult for self-represented parties due to complex processes
- truth may not come out in the trial (right to silence, party control)
What are the strengths of legal practitioners?
- experts in the law
- they have objectivity
- can help avoid delays
What are the weaknesses of legal practitioners?
- not all legal practitioners are equal in knowledge and expertise
- not everyone can afford legal representation
- more support may be needed (counsellors, interpreters)
What factors are considered with fines?
- financial circumstance of offender
- any loss, damage or destruction of property
- an order for offender to pay compensation
- benefits received by offender as a result of the offence
What are the mandatory conditions of a CCO?
- no reoffending
- no leaving Victoria without permission
- must notify an officer of a change of address or employment
- must report to community corrections centre
