Legal Studies Unit 3 - The Criminal Justice System (AOS 1)

Summary Offense

A minor crime that is generally heard in the magistrates court

Indictable Offense

A serious crime generally heard in the county court or supreme court by a judge and jury

The Presumption of Innocence

The right of the accused to be presumed innocence until proven guilty beyond reasonable doubt.

Burden of Proof

The party who has the responsibility to prove the facts of the case. This refers to the prosecution

Standard of Proof

the degree to which a party must prove its case to succeed. The prosecution must prove the case beyond a reasonable doubt.

The Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic)

a statutory bill of rights which highlights the rights of Victorian citizens including parties in a criminal case (i.e the accused)

Rights of the Accused

- Right to be tried without unreasonable delay
- Right to Silence
- Right to trial by jury

Right to Silence

The accused having the right not provide information when questioned by police and/or in criminal proceedings which is protected by both common law and statute law

Right to Trial without Unreasonable Delay

An accused is entitled to have their charges heard in a timely manner without any unreasonable delays which is protected by the Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic)

Right to Trial by Jury

The accused is entitled to be trialled with an unbiased jury of 12 when charged with an indictable offence which is protected through Section 80 of the Constituition

Rights of Victims

- Right to give evidence using alternative arrangements
- Right to be informed about the proceedings
- Right to be informed of the likely release date of the offender

Principles of Justice

The fundamental concepts that ensure fairness, accountability, and transparency in the legal system, protecting the rights of both victims and the accused.

Victorian Legal Aid (VLA)

a government agency that provides free legal advice to the community and low

Community Legal Centre (CLC)

an independent organisation that provides free legal services to people who are unable to pay for those services which can be either general or specialised in different sectors

Generalist CLC

a community legal centre that provides broad legal services to people in a particular geographic area

Specialist CLC

a community legal centre that focuses on a particular group of people or area of law (e.g. young people, asylum seekers, domestic violence and animal protection)

Duty Lawyers

a lawyer who is at court (on duty, on a particular day) to help people who come to court for a hearing

Means Test

a test to determine whether an applicant qualifies for legal assistance or representation in court. It takes into account the applicant's income, assets and expenses

Merits Test

a test which assesses the merits of the case, whether it would be in the interests of justice to fund the case, and whether there is any benefit or detriment to the accused or the public in granting legal assistance