VLA, CLC, PLEA NEG, VIC COURTS Flashcards
Victorian legal aid:
a government-funding agency that provides free legal information to the community, advice and representation to those who cannot afford a lawyer.
victorian legal aid for accused?
free legal info: information about court proceedings (for al accused people)
free legal advice: advice about what happens in court or laws taht support that case (only in magistrates for those who satisfy income test)
duty lawyers: lawyers that can give info about what haps in courts, offer leal advice and can represent an accused on particular days
victorian legal aid for the victim?
the victims legal service provides free info abt law, courts processing and legal info
victims legal service provides advice or assistance with providing protection orders
free legal advice (hwo to create an application for financial assitance as a result of a crime)
limited duty lawyers: only for victims who desperately need it
what are community legal centres?
clc is an independent organisations that provide free legal services, including, advice, assistance to represent people
2 types:
generalisation and specialist
generalisation clc:
provide broad legal services to people in gepgraphical areas
specialist clc:
provide legal services to a particlar group of people e.g. youth groups
community legal centrs and the accused?
legal information: about court processes, legal principles for all victorians
legal advice: what happens in court and could help write legal letters
some clcs can offer legal assistance (only for minor crimes)
community legal centres and the victims?
basic legal information, legal advice and assistance, duty lawyers (LIMITED)
WHAT IS PLEA NEGOTIATION?
plea negotation is a agreement between the prosecution and the accused about the charges against the accused.
-the accused pleading guilty to fewer charges
purposes of plea negotiation?
- saves costs, time and resources
-ensures certainly of the outcome
-saves stress and trauma for victims
when is plea negotiations of plea negotiations?
- accused is willing to plead guilty
- strength of evidence
when is plea negotiation is not appropriate?
- the accused is not prepared to plead guilty to any chargees
- victims or their family opposes to the agreement
Court order:
highcourt
supreme (court of appeal)
supreme (trial division)
county court
magistrates
the 2 reasons for a court hierachy:
specialisation and appeals
appeals
a legal process that a disatisfied party may pursue to have the courts decision to be reviewed by a highter court
specialisation
enables courts to develop their own areas of expertise in the law
e.g. magistrates court deals with summary offences and commital hearings
original jurisdiction
the courts power to hear a case at the first instance
appellate jurisdiction
the courts power to hear a case on appeal (for the 2nd, 3rd time)
