The Jury

Who?

A jury is comprised of 12 people who have been selected randomly from the state’s electoral roll (jury’s duty)

Why?

a jury is required during a criminal trial (not civil), when the accused has entered a not guilty.

The Role of the Jury

• to hear the evidence brought against the accused during a trial

• determine beyond reasonable doubt (considering all the facts) whether the defendant (the accused) is guilty or not.

• judge assists the jurors by explaining points of law.

The Verdict by a Jury

• juries will pass a verdict of guilty or not guilty

• all 12 jurors must unanimously agree that there is no reasonable about that the accused committed this crime. Some cases a majority verdict (11 out of 12) is acceptable only after a jury has deliberated for at least 8 hours.

• hung jury - occurs if jury is unable to reach a decision. In most cases, there will be a new trial.

Types of law common law

development of common law

• 12th century justices wanted fairer and equitable system in court.

• idea developed called the precedent, where justices follow decisions of previous courts.

Precedent

• judgement made by court that creates law; called common law, decisions are common and consistent

how does it work?

Judges must follow the decision that have been made in the same level or higher court in the same jurisdiction; aim to ensure consistency between judicial decisions and application of law.

Statue Law

• laws made by parliament. Can be referred to as legislation or Acts of parliament.

• australia, state, territory and federal government all have right to make laws.

• Australian constitution sets out the powers of state and federal government with respect making laws (separation of powers)

The role and structure of parliament

• australia is democracy; parliament body is elected representatives. Roles include debating on proposed legislation, passing/rejecting of legislation and amendments to legislation

Australia has a bicameral system - containing two chambers or houses of parliament. All states (expect QLD) have two houses

Federal

• lower house. - House of representatives

• upper house - Senate

State

• lower house - legislation assembly

• upper house - legislation council

Role of Parliament

• provides for the formation of government

• creates statue law (legislation) on federal matters

• provides funds needed for government (via budget)

• provides forum (debate on national issue) for popular representation

• scrutinises the actions of government

Governor General

• appointed by the Queen as her representative

• power dervied from constitution include

• appointed PM if election has resulted in a hung parliament

• dismiss PM if they have lost confidence of parliament or is acting unlawfully.

Creating and Passing Legislation

• bill is a drafted law that has not yet been passed by parliament.

• usually introduced by ministers, otherwise it is a private members bill

IN order for a bill to become a law

Needs approval from house of representative, needs approval from Senate, needs royal assent from Governor General.