Legal Studies AOS1

Difference styles of legal citations

Purpose of the criminal justice system

to determine weather the accused is guilty and impose sanctions if they are found guilty

parties in a criminal case

accused

prosecution

Types of offences

summary offences

- minor offences

• heard in magistrates court

• called a hearing

• no jury 

• most are outlined in the summary offences act

• e.g disorderly conduct, drinking offences, minor assaults

95% of offences are minor

indictable offences

- serious offences

• heard in a county or supreme court before a judge & jury

• entitled to a jury trial if the accused pleads not guilty

• called a trial

• outlined in crimes act

• some heard summarily - outlined in criminal procedures act 

• e.g homicide offences, fraud, drug trafficking 

indictable offences heard & determined summarily

- less serious offences

• if the court & accused agree

• outlined in criminal procedures act

• maximum 2 years imprisonment for 1 offence

• maximum 5 years imprisonment for 1+ offence

• e.g robbery < $100,000

difference between theft, robbery and burglary

theft: take

rob: force e.g threaten

burglary: breaking in & entering

Committal proceeding

• pre-trial hearings and proceedings held in magistrates court for indictable offences

• involve several steps (filing and mentioning hearings & cross examination of witnesses)

committal hearing

• court hearing as part of the committal proceeding

• held in magistrates court, to determine weather there is sufficient evidence to support a conviction

Key Principles of the Criminal Justice System

• Burden of Proof

Party who has responsibility to prove the facts of the case

usually the party that initiates the claim

Criminal case: prosecution

• Standard of Proof

Level of certainty or strength of evidence required to prove the case

Criminal Case: Beyond reasonable doubt

• Presumption of innocence

Guarantee that an accused will be assumed not-guilty until charge has been proven beyond reasonable doubt

Right is protected under the charter of human rights and responsibilities act

The rights of an accused - Unreasonable delay

• The right to be tried without unreasonable delay

An accused is entitled to have their charges heard in a timely manner

Delays should only occur if considered reasonable

‘reasonable’ not defined - includes complexity of the case - no. of offenders, crime scenes, witnesses - source: human rights charter

children are seen ASAP

Charter of human rights and responsibilities act of 2006 (vic)

protects Victorians by it being considered when creative legislation & implementing policies

contains 20 rights that everyone must have access to

e.g right to silence, right to access courts, right to be given reasons for decisions

Example - DPP (prosecution) V Gray

accused charged w/ several indictable offences

no date set for committal hearing

likely delays = no certainty

accused applied for bail & argued it was not appropriate to continue to be detained

justice in supreme court noted that accused could spend more time in custody than he was likely to spend in prison as a sanction

therefore, accused released on bail

Bail: temporary release of an accused person waiting trial

remand: to place (a defendant) on bail or in custody

The rights of an accused

• The right to silence

Accused has a right to refuse to answer any questions during the investigation of a crime

accused does not have to give evidence in a criminal trial

no negative conclusions or interferences can be drawn because an accused exercised this right

source: common law (judge makes decisions based on previous cases) & statute law (written law- legislation, overrides common law)

• the right to trial by jury

person charged w/ indictable offense in entitled to have their guilt decided by a jury of their peers

source: Aus constitution (commonwealth indictable offences) AND Criminal procedure act (Victorian indictable offences)

The rights of Victims (1)

The right to give evidence using alternative arguments

• the criminal procedure act (2009) vic allows for witnesses to give evidence using a range of alternative arguments in cases involving:

- a sexual offence

- a family violence offence

- an offence for sexual exposure, obscene, indecent, threatening language or behavior in public

Arrangements can include:

• giving evidence from a place other than the courtroom by means of CCTV

• screens that remove the accused from the witness' line of vision

• legal practitioners may be required not to be formally dressed in robes or required to be seated

The rights of Victims (2)

the right to be informed about proceedings

• victims are entitled to be informed at reasonable intervals about the progress of an investigation into a criminal case, and ant court proceedings

• information includes:

- details of the offence charged against the accused

- the time and date of the hearing

- outcome & sentence imposed

- details of any appeals

- right to be entitled to attend any court hearing

the right to br informed of the likely release date of the accused

• victims of a criminal act of violence can be included on the victims register

• victims will receive information about an offender who has been imprisoned including:

- notification of the release of the prisoner on parole at least 14 days before the release

- notification if the offender escapes from prison

• victim may also be able to make a submission if the imprisoned offender may be released on parole