Victorian Criminal Justice System Quiz
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Questions and Answers

Which of the following best describes the 'burden of proof' in the Victorian criminal justice system?

  • The responsibility of the accused to prove their innocence.
  • The responsibility of the prosecution to prove the accused's guilt. (correct)
  • The responsibility of the jury to determine the outcome of the trial.
  • The responsibility of the judge to ensure a fair trial.

An accused person in Victoria has the right to remain silent and not answer questions from the police.

True (A)

The principle of justice that ensures all people are treated equally before the law is called ______.

equality

Name one purpose of sanctions within the Victorian criminal justice system.

<p>rehabilitation</p> Signup and view all the answers

Which court typically hears indictable offences in Victoria?

<p>The County Court or Supreme Court. (D)</p> Signup and view all the answers

Match the following terms to their correct definition:

<p>Aggravating factor = Circumstance that increases the seriousness of an offence Mitigating factor = Circumstance that reduces the seriousness of an offence General deterrence = Punishment aimed at discouraging the broader community from committing similar offences Specific deterrence = Punishment aimed at discouraging the offender from committing future offences</p> Signup and view all the answers

If a victim wants to give evidence, but is afraid of seeing the accused, there are NO means to support them when giving evidence in court.

<p>False (B)</p> Signup and view all the answers

Which of the following is NOT a component of the right to silence?

<p>The right to have legal representation present during questioning. (A)</p> Signup and view all the answers

The right to silence is solely based on statute law in Victoria.

<p>False (B)</p> Signup and view all the answers

According to the excerpt, what must a police officer do before questioning an individual regarding a criminal offence?

<p>The police officer must caution them about their right to silence</p> Signup and view all the answers

The case of Petty v R (1991) is a source of the common law right to ______.

<p>silence</p> Signup and view all the answers

What is the main purpose of the caution provided by the police to a suspect?

<p>To ensure the suspect understands their right to silence (C)</p> Signup and view all the answers

Match the following sources of the right to silence with their type:

<p>Petty v R (1991) = Common Law Crimes Act 1958 (Vic) = Statute Law Charter of Human Rights and Responsibilities Act 2006 (CHRRA) = Statute Law Evidence Act 2008 (Vic) = Statute Law</p> Signup and view all the answers

An individual is required to call witnesses in court if they are accused of committing a crime.

<p>False (B)</p> Signup and view all the answers

According to Petty v R (1991), what is a person entitled to do if they believe they are suspected of an offense?

<p>They are entitled to remain silent when questioned by a person in authority.</p> Signup and view all the answers

Section 464A(3) of the ______ Act 1958 outlines the requirement for police cautioning.

<p>Crimes</p> Signup and view all the answers

According to the content, who is eligible to receive information about a criminal proceeding?

<p>Victims of a crime and persons adversely affected by a crime (D)</p> Signup and view all the answers

The Victims' Charter Act of 2006 requires that victims must be provided with legal assistance.

<p>False (B)</p> Signup and view all the answers

Name one type of agency that is required to provide information to victims, according to the content?

<p>Police, DPP, police prosecutor, victims’ services agencies (any of the above)</p> Signup and view all the answers

Victims' services agencies must provide information about support services, possible entitlements, and available ______.

<p>legal assistance</p> Signup and view all the answers

Match the following agencies with their primary role in providing information to victims:

<p>Investigatory agencies = Updates on the progress of an investigation Prosecuting agencies = Information about support services Victims' services agencies = Information about legal assistance</p> Signup and view all the answers

What is the primary source of the information about victims' rights, according to the content?

<p>The Victims’ Charter Act 2006 (A)</p> Signup and view all the answers

Investigatory agencies must cease providing updates to victims if it will jeopardize the case.

<p>True (A)</p> Signup and view all the answers

What kind of information about the progress of an investigation must be given to victims?

<p>Regular updates</p> Signup and view all the answers

Which of the following options is a priority criteria for legal representation?

<p>Intellectual disability (B)</p> Signup and view all the answers

The Victims’ Charter provides victims and people who are ______ affected by a crime with access to information.

<p>adversely</p> Signup and view all the answers

What kind of information must be provided to persons adversely affected by a crime?

<p>Support services, possible entitlements, and legal assistance (D)</p> Signup and view all the answers

A person with a weekly after-tax income of $900 and no dependents is eligible for legal representation.

<p>False (B)</p> Signup and view all the answers

What is a grant of legal assistance?

<p>Where VLA provides an in-house lawyer or pays for a private lawyer to help with a legal problem.</p> Signup and view all the answers

According to the Legal Aid Act 1978, VLA must consider the ______ when deciding whether to provide a grant of legal assistance.

<p>means test</p> Signup and view all the answers

Match the following eligibility criteria with their description:

<p>Card or Pensioner Concession Card = Eligibility based on having a specific concession card. Priority Criteria = Eligibility based on intellectual disability, homelessness, inability to speak English, and being Indigenous Australian. Means Test = Eligibility based on after-tax income. Custody Test = Eligibility based on being remanded in custody.</p> Signup and view all the answers

Which of the following is NOT a responsibility of the prosecution regarding victims of crime?

<p>Ensuring victims receive financial compensation. (B)</p> Signup and view all the answers

Victims are entitled to receive regular updates from the police about the progress of an investigation.

<p>True (A)</p> Signup and view all the answers

According to the provided text, what is one of the main justifications for the victim support system?

<p>Recognises the impact of the crime on the victims</p> Signup and view all the answers

Victims are informed about their rights, entitlements and the role they have within the ______ proceedings.

<p>court</p> Signup and view all the answers

What information is a victim entitled to receive about an appeal?

<p>The fact an appeal is lodged, the grounds of the appeal, and result. (C)</p> Signup and view all the answers

The prosecution is required to inform victims of the reasons if no charge is laid against the accused.

<p>True (A)</p> Signup and view all the answers

What is the purpose of providing victims with information about the criminal justice system?

<p>To ensure victims have access to the criminal justice system</p> Signup and view all the answers

The Victims’ Charter Act 2006 gives people who are adversely affected by crime the right to access information about the proceeding and the criminal justice ______.

<p>system</p> Signup and view all the answers

Match the following elements with their description:

<p>Victims' Charter Act 2006 = Provides victims the right to access information Prosecution duties = Informing victims about court proceedings Justification for support = Recognizing the impact of crime Access to information = Regular updates about investigation progress</p> Signup and view all the answers

Which right does the provided text NOT explicitly guarantee to victims?

<p>The right to give direct input into sentencing. (C)</p> Signup and view all the answers

Flashcards

Summary Offence

A less serious criminal offence heard in the Magistrates' Court by a magistrate.

Indictable Offence

A serious criminal offence heard in the County Court or Supreme Court with a judge and jury.

Presumption of Innocence

The assumption that every accused person is innocent until proven guilty.

Burden of Proof

The responsibility of the prosecution to prove the guilt of the accused beyond a reasonable doubt.

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Standard of Proof

The level of proof required in a criminal case, meaning there is no reasonable doubt about the accused's guilt.

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Right to Silence

The right of an accused person to remain silent and not answer questions put to them by police or in court.

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Right to Trial by Jury

The right of an accused person to have their case decided by a jury of their peers.

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Reasonable Delay

A situation where an accused might not have to answer questions from the police. The delay might be reasonable if the accused is on bail.

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Petty v R (1991)

The common law right to silence is a fundamental principle established in the case of Petty v R (1991).

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Common Law Right

The right to silence is a fundamental legal protection for individuals facing accusations of criminal activity.

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Statutory Law Rights

The legal right to silence is a principle encoded in various laws, like the Crimes Act 1958, the Charter of Human Rights, and the Evidence Act 2008.

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Police Caution

Before questioning, police must inform individuals of their right to silence.

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Crimes Act 1958 Section 464A(3)

This refers to section 464A(3) of the Crimes Act 1958, which mandates that individuals suspected of a crime be informed of their right to silence before questioning.

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Victorian Legal System

A right to silence is a component of the Victorian legal system and protects the rights of those accused of crimes.

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Procedural Fairness

The right to silence is a vital mechanism to ensure procedural fairness and protect the rights of those accused of crimes.

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Right to be Informed

Victims of crime and those adversely affected by crime have the right to receive information about the criminal justice process.

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Where is the Right to Information Enshrined?

The Victims' Charter Act 2006 (ss 7, 8, 9, 11) outlines the right to information for victims and those affected by crime.

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Who is Eligible for Information?

Victims of crime and those directly affected by crime, such as witnesses, qualify for this right.

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Who Must Provide Information?

Agencies involved in investigations, prosecution, and victim support must provide clear and timely information.

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What are the Characteristics of Information?

Information provided must be clear, timely, and consistent.

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What Information Must Be Provided?

Agencies must provide information regarding available support services, entitlements, and legal aid for victims and those affected.

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How are Victims Updated on Investigations?

Investigatory agencies must regularly update victims on the progress of investigations, unless doing so would jeopardize the case.

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Who are the Information Providers?

Investigatory (police), prosecuting (DPP, police prosecutor), and victim support (Victims of Crime Helpline) agencies are responsible for providing information.

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What Benefits Does the Right to Information Offer?

The provided information should outline potential benefits and assistance available to those affected by crime.

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How Does the Right to Information Relate to the Victims' Charter?

The right to be informed is a key part of the Victims’ Charter, which aims to protect and support victims.

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Legal Assistance Grant

A legal assistance service provided by the Victorian Legal Aid (VLA) that covers the cost of a lawyer for an accused person facing a serious criminal charge.

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Means Test

A financial test used by VLA to determine if someone is eligible for a legal assistance grant. It involves considering their income and assets.

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People in Custody Test

A test used by VLA to evaluate the eligibility of an accused person in custody for legal assistance. This applies when a person is being brought before a court for the first time on a charge.

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Priority Criteria

Criteria that increase the likelihood of receiving legal assistance from VLA for an accused person in a significant criminal case. These include factors like intellectual disability, homelessness, language barriers, or being an Indigenous Australian.

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Grant of Legal Assistance

A situation where the VLA provides a lawyer directly or pays for a private lawyer to assist an accused person in a legal matter. This assistance can be fully or partially funded.

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Victims' Right to Information

Under the Victims’ Charter Act 2006, victims have the right to access information about the court proceedings and the criminal justice system. This includes regular updates about the progress of an investigation and information about upcoming hearings.

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Victims' Right to Attend Court

Victims have the right to attend court hearings and be present during the trial. This allows them to participate in the criminal justice process and be informed about the outcome.

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Victims' Right to Entitlements

Victims have the right to be informed about their entitlements and compensation, if any, as a result of the crime. This includes compensation for financial losses and psychological support.

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Prosecution Disclosure to Victims

This refers to the information that must be given by the prosecution to victims about a criminal case, such as the offences charged, the date and location of hearings, the outcome, and any appeal filed.

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Victims' Role as Witnesses

Victims have the right to be involved in the court proceedings as witnesses and may be called to testify about the crime. This involves providing evidence and answering questions.

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Victims' Right to Understand the Process

Victims have the right to be informed about the process of the trial or hearing, including the stages involved and the roles of different participants.

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Impact of Crime on Victims

This refers to the impact of the crime on victims, including their physical, emotional, and financial losses. The criminal justice system should acknowledge and address the impact of crime on victims.

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Study Notes

Victorian Criminal Justice System

  • The Victorian criminal justice system aims to determine guilt beyond reasonable doubt and impose sanctions for offenses committed.
  • The system comprises courts (Magistrates', County, and Supreme Courts) and community legal centres, offering assistance to accused persons and victims.
  • Plea negotiations are a key aspect of determining a criminal case, considering the rights of the accused and victims.
  • Sanctions, such as fines, community corrections, and imprisonment, address offenses, and the ability of these to achieve their aims is examined.
  • A deeper analysis of the system's ability to achieve justice is carried out in a case setting, considering legal principles and scenarios.

Key Knowledge

  • The difference between summary and indictable offenses is examined.
  • The criminal justice system's core principles (burden of proof, standard of proof, presumption of innocence) are outlined and explained.
  • The rights of both the accused (e.g. the right to be tried without unreasonable delay, right to silence, and trial by jury) and the victims (e.g., right to be heard and to be informed about the proceedings) are included.
  • The roles of important personnel (e.g., judges, magistrates, juries, legal practitioners) are explored, as are the principles of justice (fairness, equality, and access.)
  • The purpose and appropriateness of plea negotiations are investigated.
  • The role of court hierarchy and the reasons for its structure are studied in determining criminal cases.
  • The impact of costs, time constraints, and cultural differences on the system's ability to uphold justice principles are also analyzed. 

Key Skills

  • Defining and applying legal terminology.
  • Discussing, interpreting, and analyzing legal principles and related information.
  • Understanding the rights of accused persons and victims within the system.
  • Examining the roles of personnel in a criminal case.
  • Investigating the appropriateness of plea negotiations and justifying the reasons for the court hierarchy.
  • Analyzing the impact of costs, time, and cultural differences.
  • Evaluating the ability of sanctions to achieve their intended purposes.
  • Applying legal principles to both actual and hypothetical criminal case scenarios.

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Test your knowledge of the Victorian criminal justice system with this comprehensive quiz. It covers essential principles such as burden of proof, rights of the accused, and the court system. Challenge yourself on various topics related to legal processes and definitions.

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