A. AOS 1 Chapter 3
Area of Study 1: The Victorian Criminal Justice System
Introduction to the criminal justice system
Summary and indictable offences
Key principles of the criminal justice system
The rights of the accused
The rights of victims
3.1 Introduction to the Criminal Justice System
Refers to procedures and institutions for investigating and determining criminal cases.
Determines guilt and imposes sanctions on the accused.
Criminal Case Progression
Stages:
Investigation by police
Accusation and charge
Pre-trial procedures
Trial
Sentencing
Post-sentencing management
Variations exist by state concerning legislation and court hierarchies.
Commonwealth's narrower system handles specific crimes like terrorism and treason.
Parties Involved in Criminal Cases
Two major parties: Prosecution and Accused.
Prosecution acts on behalf of the public (Crown authorities).
Office of Public Prosecutions for serious offences.
Police for less serious offences.
The accused can be individuals or entities charged with crimes.
3.2 Summary and Indictable Offences
Summary Offences: Minor crimes (e.g., drink driving)
Governed by the Summary Offences Act 1966 (Vic).
Handled in Magistrates’ Court without juries.
Majority of offences in Victoria.
Indictable Offences: Serious crimes (e.g., murder, drug trafficking)
Governed by Crimes Act 1958 (Vic).
Trials generally in County or Supreme Court with jury.
Some minor indictable offences can be heard summarily if all parties agree.
3.3 Key Principles of the Criminal Justice System
A. The Burden of Proof
Responsibility to establish case facts lies with the prosecution.
Accused has the onus only in specific exceptions (e.g., possession of drugs).
B. The Standard of Proof
In criminal cases, proof must be beyond reasonable doubt.
Accused’s burden in exceptions is based on the balance of probabilities.
C. The Presumption of Innocence
Accused presumed innocent until proven guilty.
Rights upheld through common law and Charter of Human Rights and Responsibilities Act 2006 (Vic).
Bail laws facilitate this presumption, allowing release in most cases until trial.
3.4 The Rights of an Accused
Human rights protections applicable to all Australians.
Rights relevant to accused include:
Right to be tried without unreasonable delay.
Right to silence.
Right to a trial by jury.
3.5 The Rights of Victims
Recognized under the Victims’ Charter Act 2006 (Vic).
Victims treated with respect and kept informed during proceedings.
Victim definition includes those indirectly impacted, like family members.
A. Giving Evidence with Alternative Arrangements
Special arrangements may assist victims who are also witnesses.
Options include closed-circuit TV testimony or shielding from the accused.
B. Right to be Informed About Proceedings
Victims entitled to know about their rights, investigation progress, and trial outcomes.
C. Right to be Informed of Likely Release Date of Offender
Certain violent crime victims can join the Victims Register to receive offender information (e.g., sentence length, release dates).