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• Summary offences are minor criminal offences, resolved by a Magistrate in the Magistrates Court, with sanctions including small fines or short imprisonment terms.
• The Summary Offences Act 1966 (Vic) sets out summary offences, such as assault and disorderly conduct.
• Indictable offences are serious criminal offenses resolved by a judge and jury in the County or Supreme Court, with severe sanctions laid out in the Crimes Act 1958, for offenses like manslaughter and arson.
• Indictable offenses heard summarily are less serious cases heard in the Magistrates Court if punishable by a term not exceeding 10 years, the accused agrees, and the court determines it appropriate.
• Examples of indictable offenses heard summarily are theft or robbery cases involving no more than $100,000.
• The burden of proof rests on the party initiating the case, which is the prosecution in criminal law, to prove the case.
• The standard of proof requires the prosecution to prove the case beyond reasonable doubt.
• Presumption of innocence guarantees that accused persons are innocent until proven guilty and are not required to prove their innocence.

Rights of an Accused

• To be tried without unreasonable delay, entitling the accused to have charges heard in a timely manner, with delays only if reasonable, as protected by the Victorian Charter of Human Rights and Responsibilities 2006.
• The right to silence allows the accused to not answer questions during investigation or trial, except for providing their name and address, and prevents them from being forced to give evidence or incriminate themselves.
• The right to trial by jury entitles a person charged with an indictable offense to be tried by peers, as per Section 80 of the constitution and Criminal Procedure Act.
• Jury trials occur only in a small percentage of criminal offences when an accused pleads not guilty to an indictable offence.

Rights of Victims

• Alternative arrangements protect vulnerable witnesses giving evidence in sexual offences or family violence cases by relieving stress, trauma and intimidation, as outlined in the Criminal Procedure Act.
• Alternative Processes include giving evidence from a closed-circuit television, a screen to remove the accused, a support person beside the witness, or a legal practitioner without robes.
• The right to be informed about proceedings means that victims should be knowledgeable about the case, achieved through the Victims Charter.
• Victim's Charters require prosecution to inform the victim about details of the offense, the reasons for no charges, and information about time, date, place, outcome of proceedings, and details of appeal.
• Victims of crime can apply to be on the victims register to be notified of the potential release date of an offender, with information provided two weeks before release.

The Principles of Justice During a Criminal Case

• Fairness means all people can participate impartially in the justice system, ensuring the burden of proof lies with the prosecution, judges, juries, and magistrates are impartial, hearings are public, and victims can provide impact statements and access lawyers.
• Equality means all people should be treated the same way when engaging in the justice system, with measures to address disadvantages and disparities such as translators, specialist courts, and alternative arrangements.
• Access means all people can engage with the justice system on an informed basis, for example resolution of cases quickly, legal aid, victims informed of proceedings and courts across the state.

Victorian Legal Aid and Community Legal Centres

• Victorian Legal Aid(VLA) provides free legal information to the community, legal advice, and legal representation for people who cannot afford a lawyer, prioritizing fair, just, inclusive outcomes.
• The VLA aims to provide legal aid effectively, economically, and efficiently, improving community access and managing legal aid at a reasonable cost.
• VLA and Community Legal Centres (CLC's) exist because people have a right receive a fair trial, legal representation for serious cases can't always be afforded and court may be adjourned until is acquired.
• Legal aid includes more than just representation in court: free legal information, advice, and duty lawyers, as well as help to pay a lawyer.
• Victims are not considered a party in a criminal case, and legal aid treatment differs from that of the accused.

Legal aid for accused

• Free legal information is available through websites, resources, and VLA officers to all accused people.
• Free legal advice is given over the phone or in person from a duty lawyer to those who need it most.
• Duty lawyer services help people at court on the day, providing information, advice, and representation, but mainly in the Magistrates' Court for non-indictable offences and committal proceedings, based on income and vulnerability.
• Grants of legal assistance are available for people who can't afford help to prepare or resolve matters, given by a lawyer after considering means test, benefits, and disadvantages.
• Services for victims of crime include free legal information for all victims.
• Free legal advice for victims is designed those needing assistance getting compensation for loss suffered.
• Duty lawyer services are prioritized for vulnerable victims in need.
• Grants to legal assistance require a reasonableness test to be satisfied.
• Free legal information is available to everyone and free legal advice/assistance for eligible people in 30+ languages with online tools for regional people
• Information provided may not be sufficient for people charged with indictable offenses, not everyone is eligible, less people are eligible because of VLA budget and not everyone has technology to access services

CLC's

• CLCs provide free quality legal information, case work, advice, representation, and education for disadvantaged people, advocating for changes in the law.
• Generalist CLCs offer a broader range of legal services to people in a particular geographical area of Victoria (VIC).
• Specialist CLCs focus on a particular group of people or a specific area of law.

Role of CLC's include

• Providing the accused with information, legal advice, and assistance in a case; providing legal education to the community for greater awareness; and advocating for changes in the system.
• VLA funds CLCs in VIC through state and commonwealth funding, as well as through grants and volunteers, but funding is often an issue due to high demand.
• Assistance for the accused includes basic legal information.
• Legal advice and assistance include writing letters or completing forms and applying for grants.
• Onging case work involved representation.
• Assistance to victims includes basic legal information such as fact sheets.
• Legal advice and assistance includes duty lawyer services, such as seeking family violence protection or protection orders.
• Ongoing case work as representation.

Strengths

• Free information is available n CLC websites, information in various languages, translator and community education.

Weaknesses

• Insufficient funding, some don't assist people charged with indictable offences, not enough staff to meet needs.
• CLCs are independent.
• VLA is government funded.
• VLA operates statewide.
• CLCs relies on grants and volunteers.
• VLA helps those who meet eligibility, VLA primarily serves those who meet eligibility whereas CLC helps those who may not.

Plea Negotiations:

• These are discussions between the prosecutor and the accused regarding charges, occurring before the trial.
• Plea negotiations aim to resolve the case by agreeing on an outcome, where the accused pleads guilty in exchange for a concession or agreement by the prosecution.
• Fewer charges may result, and the agreement is based on agreed facts, leading to lesser charges.
• The Accused indicates to prosecution willingness to discuss charges.
• Discussions occur on a ‘no prejudice basis’, meaning that they cannot be used against the accused in court if negotiations fail.
• Victims should be consulted and it can occur at any stage.
• These Ensure certainty of outcome where charges must reflect the seriousness of wrongdoing.
• They also, save cost time and resources.
• Plea negotiation achieve prompt resolution to a criminal case to avoid stress trauma and witness' needing to relive the experiences.

Plea negotiations are appropriate:

• In public interest.
• If The accused is willing to cooperate in investigation.
• Plea negotiations are appropriate where there is strong evidence against the accused, whether the accused is represented, the witness reluctant or to avoid negative consequences of full trial.
• They should be a time and considered an expense and views of victim considered.

Strengths

• They help determine prompting of cases and sentencing, save trauma, avoid inconvinence, and include the victim.
• Weaknesses Private need not to disclosed and may be seen to avoid proving the case.
• Victim has no final say and self represented parties may feel pressured to accept deals.