Legal studies AOS1

Summary offences

Minor offences that are dealt with by a magistrate in the Magistrate’s court. They have no jury and can be heard in the absence of the accused. They are generally dealth with on the same day as the hearing. They can attract any sanction, although have a maximum imprisonment term of 2 years for an individual offence. They can attract lesser penalties such as discharge.

Indictable offences

More serious offences that must be heard infront of a jury (12 people) in the County or Supreme Court, and can’t be heard in the absence of accused. Committal proceedings will occur in the Magistrates’ Court beforehand. Attracts increased sanctions, including up to life imprisonment.

Fairness

All people can participate in the justice system and its processes should be impartial and open. People in the justice system should be treated impartially, meaning free from bias and prejudice. Processes in the justice system should ensure that decisions are based on the evidence and facts alone, rather than other factors.

Equality

All people engaging with the justice system and its processes should be treated in the same way; if the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage.

Access

All people should be able to engage with the justice system and its processes on an informed basis. This means the removal of some barriers that limit the ability of people to participate and engage in the local legal system.

Burden of proof

The burden of proof is the legal obligation on a party to prove their asserted claims or charges in court. In criminal cases, this duty lies with the prosecution to prove guilt beyond a reasonable doubt.

Standard of proof

The standard of proof is the level of evidence required to win a case in court, defining how certain a judge or jury must be before making a decision. Criminal cases require proof beyond reasonable doubt.

Presumption of innocence

It is an essential human right that an accused person is treated as not guilty until proven otherwise in a court of law.

Relationship between key principles

The presumption of innocence is a fundamental human right that dictates the burden and standard of proof in criminal law. The prosecution bears the burden of proving an accused is guilty, and this must be established to a high standard, typically beyond reasonable doubt, ensuring the accused is considered innocent until proven guilty.