1A : Key principles of the criminal justice system

Summary offences

• minor criminal offences

• resolved in the magistrates court with a hearing

• found in the summary offences act 1966 (vic)

• examples - disorderly conduct, common assault, tattooing of juveniles

indictable offences

• serious offences

• usually heard by a judge and a jury in a county or supreme court trial division (you will have a trial)

• found in the crimes act 1958 (vic)

• examples : murder, kidnapping, stalking

indictable offences heard summarily

less serious indictable offences may be heard summarily if deemed appropriate by the magistrates court.

when may an indictable offence be heard summarily?

• if the court deems that it is appropriate

• the accused agrees

• the punishment is under 10 years

examples of indictable offences that may be heard summarily

• theft/robbery if the amount stolen is under 10k

• recklessly causing serious injury

the burden of proof

the responsibility of proving the facts of the case. ie. the party responsible for proving the standard of proof. in criminal cases, the prosecution has the burden of proof.

the standard of proof

the strength of evidence or level of confidence required to support a case. the standard of proof in criminal cases is beyond reasonable doubt. this means there is so reasonable doubt that the accused is guilty.

the presumption of innocence

the guarantee that all persons accused of a crime will be innocent until it is proven, beyond reasonable doubt, that they are guilty.

How is the presumption of innocence protected

• the burden of proof

• the case must be proven beyond reasonable doubt

• need proof of mens rea and actus reus before someone is arrested

• can appeal a wrongful conviction

• right to legal representation

• right to silence

• right to bail

mens rea

the state of mind statutorily required in order to convict a particular defendant of a particular crime

actus reus

action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused

why is the standard of proof important

the standard of proof is a fundamental legal principle that dictates the required level of certainty needed to establish a fact or guilt in a criminal case. it is necessary and important because it defines the threshold for evidence, ensuring fairness, preventing the abuse of power and minimising the risk of wrongful convictions.