Untitled Flashcards Set

What does the Burden of Proof refer to in a criminal justice case?

It refers to the party that has the legal onus to prove the facts of a case, which rests with the prosecution.

What is the Standard of Proof in a criminal case?

The level of certainty and degree of evidence necessary to establish proof, which is 'beyond all reasonable doubt'.

What is the Presumption of Innocence?

The right of a person accused of a crime to be presumed not guilty unless proven otherwise.

What is a Committal Hearing?

A hearing that decides if there is sufficient evidence against the accused for a trial to occur.

What is Remand in the context of criminal justice?

The situation where an accused is kept in custody until their criminal trial can take place.

What is Bail?

The release of an accused person from custody on the condition they will attend a court hearing to answer the charges.

What is a Surety in criminal law?

Assets given to the courts to guarantee that a person on bail will appear in court.

What are Summary Offences?

Less serious offences heard by the Magistrates' Court without a jury.

What distinguishes Indictable Offences from Summary Offences?

Indictable Offences are more serious in nature and are heard in the County and Supreme Court with a judge and jury.

What is the right to be tried without unreasonable delay?

An accused's right under the VCHRR Act 2006 to be tried without unreasonable delay.

What does the right to silence entail?

It allows an accused to choose not to answer questions during police interviews or in court.

What is the significance of the right to trial by jury?

If an accused pleads not guilty to an indictable offence, they have the right to a jury trial that reflects community values.

What are the purposes of providing alternative arrangements for victims giving evidence?

To protect victims from contact with the accused and reduce their trauma while providing testimony.

What information must victims be informed about?

Victims must be informed at reasonable intervals about the progress of investigations, charges against the accused, and court outcomes.

What is the Victim Impact Statement used for?

It allows the victim to explain the impact of the crime to the court.

What is Fairness in the context of justice?

All people can participate in the criminal justice system, and its processes should be impartial and open.

What does the principle of Equality mean in the justice system?

All people should be treated in the same way and measures should be taken to prevent disadvantage or disparity.

What is Access in relation to the legal justice system?

It means everyone should have the ability to engage with the legal processes and resources available.

What services does Victorian Legal Aid (VLA) provide?

VLA provides legal advice, representation in court, and assistance in resolving legal matters for those who meet eligibility criteria.

What is the Reasonableness test/Merit test in legal aid?

It assesses the merits of providing legal aid based on benefits to the accused and the public, and the interests of justice.

What are Community Legal Centres (CLCs)?

Independent organizations that provide free legal services like advice, information, and representation, mainly for those facing disadvantage.

What does the Victims Legal Service (VLS) do?

It provides free legal advice and support for crime victims seeking financial assistance or compensation.

What is the role of VLA concerning disadvantaged individuals?

VLA focuses on providing services to individuals who are financially disadvantaged or at risk of social exclusion.