Legal Studies - Unit 3 AOS1 (Part 1)

The Victorian Criminal Justice System

Summary Offences

Less serious crimes, which are heard in the Magistrates’ Court before a magistrate

Indictable Offences

More serious offences, which are heard in the County Court or Supreme Court

Burden of Proof

The prosecution must prove that the defendant is guilty

Standard of Proof

Beyond reasonable doubt

Fairness

The impartial treatment of all people under the law, without fear or favour

Equality

All citizens are provided with equal legal opportunities and treatment under the law

Access

A range of institutions and methods to ensure everyone has access to the law despite any disadvantages they may face

Presumption of Innocence

A person charged with a criminal offence has the right to be presumed innocent until proven guilty according to the law

Right to be tried without unreasonable delay

A person who is arrested or detained on a criminal charge is to be promptly brought before a court and go to trial without unreasonable delay

Fairness + Tried without unreasonable delay

Ensures fairness so the accused does not suffer prolonged anxiety, stress, or stigma when having to wait to go to trial

Access + Tried without unreasonable delay

Ensures access because it reduced delays and allows the accused to access the court’s resources

Court Hierarchy (Lowest to Highest)

Magistrate's Court, County Court, Supreme Court (Trial Division), Supreme Court of Appeals

Specialisation (Reasons for a Court Hierarchy)

1: Allows courts to specialise in particular cases

2: Allows court processes to be streamlined to provide for specialised legal personnel and procedures

Appeals (Reasons for a Court Hierarchy)

A hierarchy allows cases to be appealed at a higher/superior court

Sentence Indications

An accused person can request an indication from the judge or magistrate as to whether they will receive a custodial sentence and what that sentence may be, or any other form of sentence they may recieve

Purpose of Sentence Indications

1: Clarify the accused's likely sentence so they can make an early decision about whether or not to plead guilty

2: Allows the accused to receive a lighter sentence

3: Reduces delays if the accused pleads guilty

Strengths of Sentence Indications

1: Can lead to an early guilty plea

2: Stress and trauma to victims, families, and witnesses are minimised

Weaknesses of Sentence Indications

1: The accused may feel pressured to plead guilty rather than have the case decided by a Magistrate or Jury

2: Can be conducted in a closed court which lacks transparency

Vulnerable Witnesses

Children, people with a cognitive impairment, victims of sexual assault, victims of family violence

Right to be informed of the likely release date of the accused

The victim has the right to be informed on the length of the offender’s sentence, any change to the length of the sentence, and their earliest possible release date

Committal Proceedings

A hearing in the Magistrate's Court that aims to determine if there is sufficient evidence to support a conviction by a jury in a higher court

Purpose of Committal Proceedings

1: To determine if there is sufficient evidence to support a conviction

2: To determine if the accused intends to plead guilty or not guilty

Fairness + Purpose of Committal Proceedings

1: Saves court resources if there is insufficient evidence

2: Unbiased treatment of the accused

Victoria Legal Aid

Provides legal advice and representation to people who cannot afford legal assistance

Responsibilities of a Judge

1: Ensuring that both parties obey the rules of evidence and court procedure

2: Deciding the appropriate sanction

Fairness + Responsibilities of a Judge

1: Ensures both parties are treated impartially

2: A judge’s decision is unbiased