ls revision

access

The ability to approach and use and make use of the criminal justice system

accused

a person charged with a criminal offence

aggravating factors

circumstances or facts about the offender or an offence that lead to a more severe sentence or increase the seriousness of the offender's culbaility

aggregate

when multiple offences are grouped into one sentence

appeal

The application to have a higher court review a ruling made by a lower court

bail

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

beyond reasonable doubt

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

burden of proof (criminal)

The onus of bringing forth proof to prove a case On the prosecution to prove there is no reasonable doubt that the accused committed the offence

committal proceedings/preliminary hearing

Decides whether there is sufficient evidence to support a conviction for the indictable offence charged before proceeding to a higher court

community corrections order (CCO)

A non-custodial sanction that the offender serves in the community, with conditions attached to the order

community Legal Centre (CLC)

an independent organisation that provides free legal services to people who are unable to pay for those services. Some are generalist and some are specialist CLCs

concurrent

type of sentence that runs at the same time as another sentence

Court Hierarchy

the ranking of courts from lowest to highest according to the seriousness and complexity of the matters they deal with

cumulative

a sentence served straight after another

denunciation

one purpose of a sanction, designed to demonstrate the community's disapproval of the offender's actions

deterrence

one purpose o a sanction, designed to discourage the offender and others in the community for committing similar offences

equality

uniform treatment before the court regardless of personal characteristics

fairness

impartial and just treatment requiring fair processes and unbiased hearings

fine

A sanction that requires the offender to pay an amount of money to the state

guilty plea

when an offender officially admits guilt which is then considered by the court when sentencing

imprisonment

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

indictable offences

Serious criminal offences Heard before a judge and jury in the County or Supreme Court

indictable offences heard summarily

Serious criminal offence heard and determined as summary offences if the court and accused agree

jury

an independent group of people chosen at random to decide on the evidence in a legal case and reach a decision (i.e. verdict)

legal aid

legal advice, education or information about the law and the provision of legal services (including legal assistance and representation)

mitigating factors

facts or circumstances about the offender of the offence that decrease the seriousness of the offender's culpability or a less severe sentence

parole

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

plea negotiations

(in criminal cases) pre-trial discussions that take place between the prosecution and the accused, aimed at resolving the case by agreeing on an outcome to the criminal charges laid (also known as charge negotiations)

presumption of innocence

The right of the accused to be presumed not guilty unless proven otherwise. In 'The Charter of Human Rights and Responsibilities' Upheld by bail and the right to silence

prosecution

the crown in its role of brining a criminal case to court

protection

designed to safeguard the community from the offender in order to prevent them from committing further offence

punishment

one purpose of a sanction, a strategy devised to penalise the offender and show society and the victim that criminal behavior will not be tolerated.

Rehabilitation

one purpose of a sanction; a strategy designed to reform an offender in order to prevent them from committing offences in the future

remand

an accused being held in custody awaiting trial

reform

the process of changing and updating law

sanction

a penalty imposed by a court on a person guilty of a criminal offence

sentence indication

a method used to encourage the early determination of a case. Given by a court to the accused to let them know what sanction is likely to be imposed if they plead guilty at any given time.

standard of proof in a criminal case

The level/degree/extent to which a case must be proven in court

summary offences

Minor criminal offences Heard by a magistrate in the Magistrates' Court

victim

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

victims charter

The Victim's Charter Act 2006 (Vic), which recognises the impact of the crime on victims and provides guidelines for the provision of information to victims

victim impact statement

a statement filed with the court by a victim, and considered by the court when sentencing. It contains particulars of any injury, loss or damage suffered by the victim as a result of the offence

Victoria Legal Aid (VLA)

a government agency that provides free legal advice to the community and low-cost or no-cost legal representation to people who can't afford a lawyer

vulnerable witness

a person who is required to give evidence in a criminal case and is considered to be impressionable or at risk. This might be a child, a person who has a cognitive impairment, or the alleged victim of a sexual offence