Victorian Criminal Justice System Flashcards
Parliament
A formal assembly of representatives of the people that is elected by the people and gathers to make laws.
Government
The ruling authority with power to govern, formed by the political party that holds majority in the lower house.
Opposition
The political party that holds the second-largest number of seats in the lower house.
Crossbenchers
members of parliament who are not members of either the government or the opposition.
Statute Law
A law made by parliament
Royal Assent
The formal signing and approval of a bill by the governor-general.
Jurisdiction
The lawful authority of a court, tribunal, or other dispute resolution body to decide legal cases.
Common Law
Law made by Judges through decisions made in cases.
Precedent
A principle established in a legal case that should be followed by courts in later cases.
Laws
Legal rules made by a legal authority that are enforceable by the police and other agencies.
Constitution
A set of rules and principles that guide the way Australia is governed.
Summary Offences
Summary offences are minor crimes that are outlined in the Summary Offences Act 1966 (Vic) and are heard in the Magistrates Court of Victoria.
Indictable Offences
Indictable offences are serious crimes that are outlined in the Crimes Act 1958 (Vic) and are heard in the County or Supreme Court.
Indictable Offences Heard Summarily
Indictable offences heard and determined summarily are serious crimes that can be heard in the Magistrates Court as if they were summary offences.
Committal Hearings
The pre-trial procedure that occurs before indictable offences are heard at trial in the County or Supreme Court. The prosecution has the responsibility of proving that there is sufficient evidence to support a conviction at trial.
Burden of Proof
The burden of proof is a requirement within the legal system that places responsibility on one party to prove the facts of a case. For criminal law, this responsibility rests upon the prosecution.
Reversed Burden of Proof
The burden of proof is reversed in criminal cases when the accused is using the defence of mental impairment or they have been accused of the possession of an illegal substance on their property.
Standard of Proof
The standard of proof is the level certainty required to prove a case. In criminal law, the standard of proof is beyond a reasonable doubt.
Presumption of Innocence
A person who has been accused of a crime must be presumed innocent until proven otherwise.
The Accused Right to Trial Without Unreasonable Delay
A person charged with a criminal offence is entitled to a guarantee that they will be tried without unreasonable delay. This right is without discrimination which means every accused person is entitled to this provision. The right is outlined in sections 21 and 25 of the Charter of Human Rights and Responsibilities Act 2006 (Vic).
The Accused Right to Silence
The right to silence refers to an entitlement whereby the accused does not have to say or do anything when being charged with an offence and no inferences can be made that this means they are guilty. The right is outlined in the Evidence Act 2008 (Vic).
The Accused Right to a Jury
The right to trial by jury refers to the entitlement that should an accused plead not guilty to an indictable offence, their guilt must be determined by a group of twelve jurors rather than a judge alone.
The Right to be Treated as a Vulnerable Witness
The right to be treated as a vulnerable witness refers to a situation whereby a victim is also a witness to the crime and may be required to testify in court. When this occurs, victims are entitled to certain adjustments to accommodate and lessen further trauma or stress. This is only given to victims of a sexual offence, a family violence offence, an offence of sexual exposure or an offence of obscene indecent language or threatening behavior. This is outlined in the Criminal Procedure Act 2009 (Vic).
The Right to be Informed About Proceedings
Victims may require additional support due to being adversely affected by the crime. So victims are entitled to be informed about support services/compensation, and details of how the legal system will carry out justice. They also have the right to be informed during intervals regarding details of the investigation.