Principles of J

2025

Fairness is

A Principles of Justice

Means all people can participate in the justice system and its processes should be impartial and open

Fairness dot points

Principles of Justice

All people can participate
Processes: impartial and open

What is participation

Principles of Justice - Fairness

People must be able to participate in the JS. Histroically involved 2 parties of case (accused and prosecution), can also extend to other people in limited ways such as victims

How are victims able to participate in the JS

Principles of J - fairness - participation

By providing a victim impact statement

Examples of participation in the JS

• opportunity for defendant to know case against them

• opportunity to prepare a defence

• opportunity to examine a witness

• use of a lawyer

• use of an interpreter

• trial without reasonable delay

• allowing victims to give evidence in different ways

• use of victim impact statements

Open processed

Principles of J - Fairness

All cases are heard and decided in public

Why are open processes important

Principles of J - Fairness

So community and media can see justice occuring

What statute relates to open processes

Principle of J - Fairness

Open Courts Act 2015 (Vic)

why is the Open Courts Act 2015 (Vic) important?

Recognises and promotes the principle that open processes that are fundamental aspect of our legal system.

When is open processes not apart of a case? + example

Principle of J - Fairness

Court may need to be closed to public.
Example: in sexual assult cases the courtroom may be closed to public.

Impartial Processes

Principles of J - Fairness

All people that work in the JS must be independent and impartial. Should not be biased towards or against any party.

Equality

Principles of J

People should be treated in the same way unless the same treatment creates disparity or disadvantage