Legal Studies U3AOS1 (1)

the criminal justice system

A set of processes and institutions used to enforce criminal laws and determine criminal cases

the purposes of the criminal justice system

Decide whether an accused is guilty

Impose a sanction

the three main stages of criminal cases

Investigation (charging of an accused)

Determination (deciding whether the accused is guilty)

Corrections (overseeing any sanction imposed)

commonwealth offences in the commonwealth criminal code

Engaging in a terrorist act

People smuggling (helping others enter Australia illegally)

Espionage crimes (communicating information to a foreign country)

Cyber crime

Organ trafficking

courts in Victoria

Magistrates’ Court

County Court

Supreme Court

Specialist courts

• Children’s Court

• Koori court

• Drug Court

Parties not in a criminal case

The victim/complainant as they do not bring the court action

parties in a criminal case

The prosecution (represents the community, bringing evidence to court on behalf of the state/commonwealth)

the accused (the person or organisation alleged to have committed the crime)

the prosecution

represents the community on behalf of the state or commonwealth

• Office of Public Prosecutions (OPP) and the Director of Public Prosecutions (DPP) (in the County and Supreme Court)

• The Victorian Police, local councils, VicRoads, Worksafe Victoria (in the Mag Court)

the accused

the person or organisation alleged to have committed the crime

• may be multiple people or a company

summary offence

A criminal offence of a minor nature

Heard before a Magistrate

Heard in the Magistrates’ Court

indictable offence

The most serious criminal offences

Heard before a judge and jury of 12 people

Heard in the County or Supreme Court

comittal hearing

when a case is first heard in the Mag court, where the Mag will decide if there is enough evidence to support a conviction to a higher court

fails - accused is discharged (may be brought back if there is further evieence)

succeeds - the accused is sent to trial

purposes of committal hearings

Filter out weaker cases

Ensures a fair trial

Find out what the accused will plead

indictable offences heard summarily

Crimes of an indictable nature can be heard before a Magistrate as if they were summary offences

listed in the Criminal Procedure Act 2009 (Vic)

occurs if both the court and accused agree to have it summarily, and it is appropriate

why an indictable offence may be heard summarily

Magistrates’ Court has a maximum of 2 years' jail time for one charge and 5 years for multiple offences

If it were in the County or Supreme Court, the jury would determine the verdict (not as reliable)

Quicker processes

hearing

the final hearing for a summary offence

trial

the final hearing for an indictable offence

key principles in the victorian criminal justice system

burden of proof

standard of proof

presumption of innocence

burden of proof

The responsibility of a party is to prove their case using adequate evidence to the standard of proof

on the prosecution, but on the accused if they raise a defense

standard of proof

the level of certainty or the extent to which the accused must be proven guilty - beyond all reasonable doubt

if the burden of proof is on the accused, the standard of proof becomes the balance of probabilities

the presumption of innocence

the assumption that the innocent is innocent until proven guilty

what upholds the presumption of innocence

The right to silence

The right to apply for bail

Impartial court personnel

Jury doesn’t do their own research

Right to appeal

Prior convictions are not revealed until sentencing

Committal proceedings

the rights of the accused

the right to be tried without unreasonable delay

the right to silence

the right to trial by jury

the right to be tried without unreasonable delay

the rights of an accused - for their matter to be dealt with promptly and in a timely manner, despite prior convictions

supported by the Human Rights Charter Section 21(5)

reasonable delay

COVID

Nature of the crime

Complexity of the case

Serious indictable offences

Limited witnesses

Multiple crime scenes

Multiple accused persons

The court’s workload

Complex rules of evidence and procedure

No legal aid/representation available

Parties requiring translators

the right to silence

the right of an accused to not say anything or to refuse questions and information in interviews or trials

protected in common law

No adverse inferences/negative conclusions can be drawn from the fact that an accused exercised their right to silence

• Selective silence, where a person chooses to answer some questions but not others

• If the accused later relies on a defence that was not raised earlier

• A Judge may direct a jury in giving directions on this

exceptions to the right to silence

The requirement to give the police their name and address when the police believe that this person has committed a crime, is about to commit a crime or that they may be able to assist with their case.

Investigation of an indictable offence

the right to trial by jury

the right of an accused to have their trial by peers, allowing for the law to be applied in accordance with community standards

The community can participate in the legal process

for when a person pleads not guilty

jury

Twelve random individuals, unknown to the accused, are selected to hear evidence provided by the Prosecution in the County or Supreme Court Trial Division

Come to a guilty or not guilty verdict

Not used for summary offences

victims

A person who has suffered injury as a direct result of the offence

A family member who suffered as a result of the offence who is under 18 years or is incapable of managing their own affairs because of mental impairment

A child under the age of 16 years who has been groomed for sexual conduct, as well as that child’s family

the rights of victims

the right to give evidence using alternative arrangements

the right to be informed about the proceedings

the right to be informed of the likely release date of the offender

the right to give evidence using alternative arrangements

in cases where the victim is a witness and must provide evidence, alternative arrangements can be made at any stage of proceedings for sexual, family violence, and threatening offences

alternative arrangements for victims

giving evidence outside the court room by closed-circuit television

screens to block the view of the accused

a support person who is not a witness and approved of by the court

only specific people can be in the room (specified by the court)

Legal practitioners are not formally dressed in robes or seated while asking the witness questions

the purpose of alternative arrangements for victims

To reduce the trauma and intimidation of witnesses

Minimise secondary trauma from giving evidence of horrific crimes that occurred

the right to be informed about the proceedings

People adversely affected by crime should get certain information about the proceedings and about the justice system to recognise the victims and to ensure they see that justice has been done

what should the prosecution provide the victim with to uphold their right to be informed about the proceedings?

Details of the offences the person is charged with

The reason why no offence is charged if there is no charge

How the victim can find the date, time and hearing of the charges

The outcome of the proceedings and the sentence

Details of any appeal

The information that they are entitled to attend any court hearings

what should investigatory agencies do to uphold the right to be informed about the proceedings?

provide clear, timely and consistent information about support services that may be available to victims

inform a victim, at reasonable intervals, about the progress of their investigation, unless it puts the investigation at risk or the victim chooses not to receive it

the right to be informed of the likely release date of the offender

when a person who is a victim of a criminal act of violence is included in the victims charter

what do you recieve on the victims charter to uphold the right to be informed of the likely release date of the offender

information about an offender who has been imprisoned, including the release of the prisoner on parole 14+ days before their release

The length of the sentence

Information on whether the offender escapes from prison

Information to submit on whether the imprisoned offender may be released on parole

what statute outlines what indictable offences are heard summarily?

the criminal procedure act 2009 (Vic)

what statute outlines the rights of the accused?

human rights charter, the evidence act, juries act 2000

what statutes outline the rights of victims?

Criminal Procedure Act, the Victims’ Charter Act 2006