legal sac 1b

kms

right to give evidence using alternative arrangements

allows for alternative arrangements when certain victims are required to give evidence

cctv/screens/emotional support person/not formally dressed

reduces trauma/distress/intimidation

right to be informed about proceedings

victims should receive timely clear consistent information about support services/legal assistance

right to likely release date of offender

can apply to be included in the victims register

receive information regarding the offender
(length of offence/notification of parole release/offender escaping)

fairness

all people can meaningfully participate (know case against you/prepare defence) in the justice system
processes are impartial (based on the facts of the case/no bias) and open (transparency)

equality

all people in the legal system are provided with the same treatment (regardless of their characteristics = formal equality) however if the same treatment causes disparity between individuals then measures will be implemented to allow for no disparity or disadvantage (substantive equality)

access

all people should be able to engage (physical/technological/financial/timely resolution) with the justice system and its processes on an informed basis (understand rights/processes information + legal services)

VLA for victims

navigate rights processes and participation options
protection orders information (family violence/personal safety intervention)
financial assistance/compensation

jury

trial by peers
decide facts + remain objective
listen/remember evidence
deliver a verdict

positives of jury

random selection
reduced bias
collective decision making
represents the community

negatives of jury

complexity of case to understand and make a decision
range of people can not participate (reduces representation)
unconscious bias/prejudice

judges/magistrates

decide/oversee outcome of the case
sentence an offender
hear from both parties and decide from victims about the impact that the offence had on them

positives of judges

impartial
ensure court procedures are followed
assist self represented accused (adjusting trial procedures to fit)

negative of judges

risk of bias
lack of diversity
cannot overly interfere in a case despite being the most experienced

prosecution

disclose information to accused
participate
make submissions about sentencing

defendant

participate in trial and hearing
make submissions about sentencing

positives of party system

has obligation to disclose all relevant matters (no trial by ambush)
opportunity to present case for both parties
accused is not obligated to present or say anything

negatives of party system

complex processes are difficult to understand
right to silence bars prosecution

need for legal representation

uphold the rule of law to ensure an accused has an adequate opportunity to test the evidence against them
skill and expertise required to navigate the CJS
provides advocacy for accused
objective

negatives of legal practitioners

not all legal people have the same level of expertise
not affordable for everyone

main costs

engaging in a lawyer
(puts at disadvantage if cant afford)

measures that address costs

provision of free legal aid (but not everyone is eligible which causes more self represented parties = extended trial)
committal proceedings —> filters out weak cases to avoid unnecessary trials + early guilty plea (reduces cost)
plea negotiations —> avoids need for trial

time

right to trial without unreasonable delay

• reliance on hard copy documents
  waiting for a hearing date
  gathering evidence
  need for committal proceedings (indictable)
  

cultural differences

understanding/addressing cultural differences to allow for all people to be treated fairly and equally in CJS

CD for first nations

no direct questioning
no eye contact
no saying names of deceased persons
no mentioning gender based knowledge

aggravating factors

facts/circumstances about the offender/offence that may increase the offenders culpability and the sentence they receive

mitigating factors

facts/circumstances about the offender/offence that may decrease the offenders culpability and the sentence they receive

guilty pleas

courts must take into consideration whether the offender pleaded guilty and if so when in the process they did so

victim impact statements

courts must consider the impact of the offence on the victim and their personal circumstances
victim impact statements contain particulars of any injury/loss/damage suffered by the victim as a direct result of the offence

punishment

penalise offender and show society/victim that criminal behaviour will not be tolerated

general deterrence

discourage the community from committing similar offences by imposing a penalty severe enough so that they can see the consequences of committing the crime

specific deterrence

discourage the offender from committing further similar offences

denunciation

harsh sentencing designed to demonstrate the communities disapproval of the offenders action

protection

safeguard the community from an offender by preventing them from committing a further offence

rehabilitation

designed to reform an offender in order to prevent them from committing offences in the future
education/training/assistance/support

fines

amount of money ordered by the court to be paid by the offender to the state
punishes
specific + general deterrence
denounce (high fines)
doesnt rehabilitate (address underlying cause of behaviour)
protect (not a primary consideration, can be long term though)

CCOS

non-custodial supervised sentence served in the community that is tailored to the offender through the inclusion of special conditions attached to the order
- punishable by more than 5 penalty units
- consent to CCO
- court satisfied that cco is appropriate

sentencing purposes of CCOS

rehabilitation
deterrence
denounce
protect
punish

imprisonment

when an offender is detained in jail for a specific time period
punishment
protection
general deterrence