Chapter 3 Key concepts in the Victorian criminal justice system

summary offence

a minor offence generally heard in the Magistrates’ Court

accused

a person charged with a criminal offence but who has not been found guilty or pleaded guilty

alternative arrangements

measures that can be put in place for witnesses in certain criminal cases (e.g. sexual offence cases) to give evidence in a different way (e.g. via video link)

Australian Constitution

a set of rules and principles that guide the way Australia is governed. It is set out in the Commonwealth of Australia Constitution Act

bail

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

balance of probabilites

the standard of proof in civil disputes. This requires the plaintiff to establish that it is more probable (i.e. likely) than not that their claim is true

beyond reasonable doubt

the standard of proof in criminal cases. This requires the prosecution to prove there is no reasonable doubt that the accused committed the offence

burden of proof

the obligation (i.e. responsibility) of a party to prove a case. This obligation usually rests with the party who initiates the action (i.e. the plaintiff in a civil dispute and the prosecution in a criminal case)

committal hearing

a court hearing that is held as part of the committal proceeding in the Magistrates’ Court. At this hearing, the magistrate will decide whether there is sufficient evidence to support a conviction for the offence charged

committal proceeding

the pre-trial hearings and processes held in the Magistrates’ Court for indictable offences

common law

law made by judges through decisions made in cases; also known as case law or judge-made law (as opposed to statute law)

Commonwealth offences

crimes that break a law passed by the Commonwealth Parliament

complainant

a person who makes a formal legal claim that another person has committed a criminal offence against them

criminal justice system

a set of processes and institutions used to investigate and determine criminal cases

Director of Public Prosecutions (DPP)

the independent officer responsible for commencing, preparing and conducting prosecutions of indictable offences on behalf of the State of Victoria

Human Rights Charter

the Charter of Human Rights and Responsibilities Act 2006 (Vic). Its main purpose is to protect and promote human rights

imprisonment

a sanction that involves removing the offender from society for a stated period of time and placing them in prison

indictable offence

a serious offence generally heard before a judge and a jury in the County Court or Supreme Court of Victoria

indictable offence heard and determined summarily

a serious offence that is dealt with as a summary offence if the court and the accused agree

international treaty

a legally binding agreement between countries or intergovernmental organisations, in which they undertake to follow the obligations set out in the agreement and include them in their own local laws (also known as an international convention)

jury

an independent group of people chosen at random to determine questions of fact in a trial and reach a decision (i.e. a verdict)

offender

a person who has been found guilty of a criminal offence by a court

Office of Public Prosecutions (OPP)

the Victorian public prosecutions office that prepares and conducts criminal proceedings on behalf of the Director of Public Prosecutions

parole

the supervised and conditional release of a prisoner after the minimum period of imprisonment has been served

presumption of innocence

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

prosecution

the party that institutes criminal proceedings against an accused on behalf of the state

prosecutor

the representative of the prosecution who is responsible for conducting the criminal case and appearing in court

remand

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

sanction

a penalty (e.g. a fine or prison sentence) imposed by a court on a person guilty of a criminal offence

standard of proof

the degree or extent to which a case must be proved in court

statute

a law made by parliament; a bill that has passed through parliament and has received royal assent (also known as legislation or an Act of Parliament)

statute law

law made by parliament; also known as Acts of Parliament or legislation (as opposed to common law)

victim

a person who has suffered directly or indirectly as a result of a crime

Victims' Charter

the Victims’ Charter Act 2006 (Vic), which recognises the impact of crime on victims and provides guidelines for the provision of information to victims

Victims Register

a register (i.e. database) maintained by the state of Victoria set up to provide the victims of violent crimes with relevant information about adult prisoners while they are in prison (e.g. the prisoner’s earliest possible release date)