UNIT3 AOS1; The Victorian Criminal Justice System A Flashcards
Summary Offences (Act 1966)
Minor / less serious criminal offences
- Heard in Magistrates court
- No right to jury trial
- Known as a hearing because it’s before a magistrate
Summary Offences Examples
- Property damage (graffiti)
- Offensive behaviour
- Road traffic offences (careless driving, drink driving and unlicensed driving)
How to Know if it’s a Summary Offence?
Usually small fines are applied although some include short periods of imprisonment
Indictable Offences (Act 1958)
Serious criminal offences
- Heard by a judge in the county or supreme court
- Jury decides guilt if the accused pleads not guilty
- Final hearings known as trials
Indictable Offences Examples
- Aggravated burglary
- Manslaughter and murder
- Drug trafficking offences
- Indecent assault, rape
- Fraud
How to Know if it’s a Indictable Offence?
Sanctions are more severe than summary offences including longer sentences of imprisonment and larger fines
Indictable Offences Heard Summarily (Act 2009)
Indictable offences punishable by imprisonment of 10 years or less can be heard summarily (so in the magistrates court).
- This is only if the accused agrees
- can be quicker and cheaper if hearing is done in magistrates court
Sentencing for Indictable Offences Heard Summarily
Maximum penalty handed down can be for less than an indictable offence
Maximum Sentencing:
- Up to 2 years for one offence
- Up to 5 years for multiple offences
Theft and assault are most commonly dealt with summarily
Key Principles in the Victorian Criminal Justice System
- The burden of proof
- The standard of proof
- The presumption of innocence
The Burden of Proof
Refers to the responsibility of a party to prove the facts in the case
- In a criminal case the prosecution has the burden of proof and therefore has to prove that the accused is guilty
- Guarantees that no guilt can be presumed until accused has been proved beyond reasonable doubt therefore upholding their innocence
The Standard of Proof
This is the strength of evidence needed to prove the case
- In a criminal case, the prosecution must prove the case beyond reasonable doubt
Beyond Reasonable Doubt
Based on facts, no other reasonable conclusion can be reached except that the accused is guilty
Who Decides on Guilt?
Indictable offences: Heard in county or supreme court and a jury will decide on guilt
Summary offences: Heard in magistrates court and a magistrate will decide on guilt
The Presumption of Innocence
Every person accused of a crime is presumed to be innocent until they have gone before a court and have been found guilty beyond reasonable doubt.
- Maintained by the burden of proof and standard of proof
- The prosecution has to prove that the accused is guilty, the accused doesn’t have to prove they are innocent
How is the Presumption of Innocence Protected?
Protected by the Charter of Human Rights and Responsibilities Act
How is the Presumption of Innocence Upheld?
- The right to silence
- The right of apply for bail
- The right to appeal a case
The Right to Silence
Accused does not have to answer any questions and cannot be pressured to give evidence to prove innocence
- By individuals staying quiet, this prevents them from saying something they might regret which enables them to not be automatically assumed as guilty because they don’t want to answer a question therefore upholding the presumption of innocence
Right to Bail
Accused has the right to receive bail (temporary release) while awaiting their trial since they are presumed as innocent
- This allows the accused to seek legal assistance and prepare their case as well as them continuing to live and work in the community while awaiting trial
Right to Appeal
If accused believes they have been wrongfully convicted they have a right to appeal their case and uphold their innocence
- By allowing them a chance to prove their innocence because the accused does not need to prove their innocence
The Rights of an Accused
(Charter of Human Rights and Responsibilities Act 2006, sections 23 to 27 dedicated to the accused)
- The right to be tried without unreasonable delay
- The right to silence
- The right to trial by jury
- How is the Right to be Tried Without Unreasonable Delay protected?
Protected by sections 21(5) and 25(2) of the human rights and responsibilities charter.
Who is Entitled to the Right to be Tried Without Unreasonable Delay? And what are they Entitled to?
Without discrimination, the right is entitled to every accused. Children should be brought to trial as quickly as possible.
To be heard and tried within a reasonable amount of time.
Why is the Right to be Tried Without Unreasonable Delay Afforded to the Accused?
Because justice delayed is justice denied.
- Can increase legal costs for an accused
- Upcoming trials can cause immense stress on the accused, victims and their families
- Delays can cause unreliable evidence to be given, which may result in an unfair result for an accused
A delay might occur if they are considered reasonable. Dependent on factors such as:
- Length, reason, number of offences committed, complexity of the delay
- How is the Right to Silence Protected?
Protected by Statute Law, eg section 89 of the evidence act 2008 Vic
