Summary vs Indictable Offences

Summary Offences

• These are crimes of less severe nature
• Cases are handled in the Magistrates' Court, without a jury
• In Victoria, a summary offence has a maximum penalty of 2 years in jail or a fine up to 240 penalty units, unless specified otherwise
• Examples: Driving offences, disorderly conduct, property damage, some assaults

Indictable Offences

• These are more serious crimes
• Cases are heard by a judge and jury in the Supreme Court (Trial Division) and County Court
• In Victoria, an indictable offence has a maximum penalty of two years or more
• Examples: Homicide, drug trafficking, rape, aggravated burglary, indecent assault and sexual offences

Indictable Offences Triable Summarily

• Less serious indictable offences can be tried summarily in the Magistrates' Court
• Lower maximum sentence applies in Magistrates' Court, 2 years for one offence, maximum of 5 for multiple offences-
• The accused gets the choice of this trial type
• This system reduces waiting times and costs, offering a faster and less stressful process, with better access to duty lawyers especially if pleading guilty

Burden of Proof

• In the legal system, the party that has to prove the facts of the case
• Has the responsibility of proving the accused is guilty

Standard of Proof

• The level to which the matter must be proven
• For criminal cases the standard of proof is ‘beyond reasonable doubt'
• The prosecution has to convinve there is no other explanation for what happened other than the guilt of the person being accused.

Presumption of Innocence

• Everyone had the right to be considered innocent until proven guilty beyond reasonable doubt
• Rights and Responsibilities Act 2006 says that people must be proven guilty according the law if they are charged with a criminal offence

Rights of the accused

• Tried without unreasonable delay
• Right to silence
• Right to trial by jury

The right to silence

• A defendant is not obligated to testify against oneself
• Cannot be forced to answer questions or provide information that could be incriminating
• Does not have to give evidence, answer questions in court, or produce a defense
• Right to silence is protected by 2006 act

Adverse Inference

• The court or jury may draw a conclusion from inaction by the defendant
• A judge must instruct the jury about weighing new evidence and previous silence

The Right to Trial By Jury

• Australian constitution guarantees this right for Commonwealth indictable offences
• County and Supreme courts for indictable offences where a not guilty plea has been entered
• A jury of 12 jurors must be unbaised Role of jury:
• Determine questions of facts from evidence
• Apply the law to determine guilt.

Rights of Victims - Victim's Charter

• Victims in criminal justice get the right to appropriate care and acknowledgement
• Aims to assist victims after the offence and help them to move forward positively in an increasingly recognised system
• Attempts to ensure the victim is kept informed about any investigation'
• Establishes practices to minimise trauma to the victim

Victims Rights

• Alternative ways to give evidence
• Info about the trial
• Info about release date of the accused

alternative arrangements

• closed circuit television
• Screens
• Support Person
• Legal pratitioners
• Courts be closed

Complainant Rights

• Alternative ways to give evidence
• In a position where they are not intimidated
• Provides a safe enviroment for a witness Reduces trauma for victim

Investigatory Responsibilities

• Police have to provide reasonable grounds before they arrest
• There must be evidence to support conviction in committal proceedings
• Generally prior convictions cannot be revealed until sentencing

Right to be informed of proceedings

• Victim’s Charter aims to keep victims informed of court proceedings
• Victims have the right to know what’s going on
• Victims’ services should provide clear and timely information about all support.

Principles of Justice

• All people have the right to fairly participate in justice system
• All people engaging with the justice system should be treated in the same way, if the same treatment creates disadvantage measures should be implemented to allow all to engage with the justice system without disparity or disadvantage
• All people should be able to engage with processes on an informed basis.

VLA (Victoria Legal Aid) and CLCs (Community Legal Centres)

• Roles of VLA (Victoria Legal Aid) helps with the accused and victims of a crime with knowledge
• It’s a government policy that will provides free legal advice to those in the community Low or no cost legal representation for those who cant afford a lawyer

Statutory objectives of VLA

• Provide legal aid efficiently
• Provide equitable legal aid
• Provide improved access to justice
• Provide a coordination of legal aid

Funding For Legal Aid

• Majority of funds come from state and commonwealth government
• There is also and allocation from the public purpose fund
• People who have Centrelink meet the income test

VLA in assisting accused people

• Pubish information about minor criminal matters and the justice systems
• provide Free initial legal advice to those charged with offence (in person or phone)
• Providing funds engage in legal representation

Victorian Community Legal Centres

• Community Legal Centres is what provides legal aid in Australia
• Provides free legal aid through advice to access to those Legal services Found through Melbourne and rural centres

Plea Negotiations

• A way of resolving issues that aims to obtain an early resolution to the case
• Pretrial discussions to resolve the matter
• The plea negotioation relates to the type of number of charges

what affects plea negotiations?

• What does the victim want?
• Are witnesses willing and able to testify
• Does the accused have representation

Role of Court Hierarchy

• Hierarchy distributes cases to be decided according to their nature and seriousness
• It acts as administrative convenicence More serious cases require more expertise Specialisation and expertise is more effectively utilised with the hierarchy Doctrine of Precedent: decisions made by superior court is binding on lower courts
• Provides a system of appeals that is clear and reasonable

Judge and Magistrate Roles

• M- manager trial
• A act imparially
• D decide or oversee the outcome of the case
• S senetncd an offender