unit 3 AOS1

Summary Offences

Less serious criminal offences typically heard in the Magistrates' Court, carrying lighter penalties like fines or short imprisonment.

Indictable Offences

More serious criminal offences that can only be heard in the County Court or Supreme Court, involving severe penalties.

Burden of Proof

The responsibility to prove the facts of a case, typically lies with the prosecution in a criminal trial.

Standard of Proof

The degree to which a case must be proven; in criminal cases, it is 'beyond reasonable doubt'.

Presumption of Innocence

A fundamental principle that guarantees an accused's assumption of innocence until proven guilty.

Victims Charter

Legislation ensuring that victims be informed about the proceedings and their rights within the criminal justice system.

Right to Silence

The right of the accused to remain silent during questioning or trial, not having to provide evidence.

Trial by Jury

The right of individuals charged with indictable offences to be tried by a jury of their peers.

Plea Negotiations

Pre-trial discussions between prosecution and the accused aimed at resolving a case typically by agreeing on a guilty plea.

Aggravating Factors

Circumstances that increase the severity of a sentence.

Mitigating Factors

Circumstances that may reduce the severity of a sentence.

Victim Impact Statement

A statement made by a victim regarding the impact of the crime on their life, considered during sentencing.

Alternative Arrangements

Measures provided to alter how witnesses give evidence in order to reduce trauma or intimidation.

Duties of a Judge or Magistrate

To oversee a case and ensure fair proceedings according to legal protocols.

Means Test

Assessment determining eligibility for legal assistance based on income and assets.

Income Test

A specific test used to determine eligibility for duty lawyer assistance based on current income levels.

Court Hierarchy

The structured ranking of courts that allows for specialization, appeals, and jurisdiction.

Sanctions

Legal penalties imposed on an offender, such as fines, community service, or imprisonment.