Legal Studies 3&4 Victorian Criminal Justice System Teacher Notes PDF

Legal Studies 3&4 Unit 3 AOS 1 – The Victorian criminal justice system Teacher Notes Overview The purposes of the Victorian criminal justice system are to determine whether an accused person is guilty beyond reasonable doubt of an offence for w...

Legal Studies 3&4 Unit 3 AOS 1 – The Victorian criminal justice system Teacher Notes Overview The purposes of the Victorian criminal justice system are to determine whether an accused person is guilty beyond reasonable doubt of an offence for which they are charged, and to impose sanctions when a person is guilty of committing a crime. The system includes the courts (the Magistrates’ Court, County Court and Supreme Court) and institutions such as Victoria Legal Aid and community legal centres available to assist an accused and victims of crime. In this area of study, students explore the criminal justice system, key personnel, and the use of plea negotiations to determine a criminal case. Students investigate the rights of the accused and of victims, and explore the purposes and types of sanctions and sentencing considerations. They consider the impact of time, costs and cultural differences on the ability of the criminal justice system to achieve the principles of justice. Students synthesise and apply legal principles and information relevant to the criminal justice system to actual and/or hypothetical scenarios. On completion of this unit the student should be able to explain the key principles in the criminal justice system, discuss the ability of sanctions to achieve their purposes and evaluate the ability of the criminal justice system to achieve the principles of justice during a criminal case. To achieve this outcome the student will draw on key knowledge and key skills outlined in Area of Study 1. Legal Studies 3&4 1 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3 Key Knowledge Key concepts Dot point Knowledge Completed 3.1.1 the distinction between summary offences and indictable offences 3.1.2 key principles of the criminal justice system, including:  burden of proof  standard of proof  presumption of innocence 3.1.3 the rights of an accused, including:  right to be tried without unreasonable delay  right to silence  right to trial by jury 3.1.4 the rights of victims, including:  right to give evidence using alternative arrangements  right to be informed about the proceedings  right to be informed of the likely release date of the offender The principles of justice during a criminal case Dot point Knowledge Completed 3.1.5 the principles of justice:  fairness  equality  access 3.1.6 the role of Victoria Legal Aid and Victorian community legal centres in assisting an accused and victims of crime 3.1.7 the purposes and appropriateness of plea negotiations 3.1.8 the reasons for a Victorian court hierarchy in determining criminal cases, including:  specialisation  appeals 3.1.9 the roles of key personnel in a criminal case, including:  judge or magistrate  jury  parties 3.1.10 the need for legal practitioners in a criminal case 3.1.11 the impact of costs, time and cultural differences on the achievement of the principles of justice Legal Studies 3&4 2 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3  Sentencing Dot point Knowledge Completed 3.1.12 the purposes of sanctions:  rehabilitation  punishment  deterrence (general and specific)  denunciation  protection 3.1.13 fines, community corrections orders and imprisonment, and their specific purposes 3.1.14 factors considered in sentencing, including:  aggravating factors  mitigating factors  guilty pleas  victim impact statements Key Skills Dot Skill Related Key Completed point Knowledge 3.1.1 define and use legal terminology All 3.1.2 discuss, interpret and analyse legal principles and All information 3.1.3 explain the rights of an accused and of victims in the 3.1.3-4 criminal justice system 3.1.4 explain the roles of Victoria Legal Aid and Victorian 3.1.6 Community Legal Centres in assisting an accused and victims of crime 3.1.5 analyse the roles of key personnel in a criminal case 3.1.9 3.1.6 justify the reasons for the Victorian court hierarchy in 3.1.8 determining criminal cases, including specialisation and appeals 3.1.7 discuss the appropriateness of plea negotiations 3.1.7 3.1.8 discuss the impact of costs, time and cultural differences 3.1.11 on the achievement of the principles of justice during a criminal case 3.1.9 discuss the ability of sanctions to achieve their purposes 3.1.12 3.1.10 evaluate the ability of the criminal justice system to 3.1.5-11 achieve the principles of justice during a criminal case 3.1.11 synthesise and apply legal principles and information to All actual and/or hypothetical scenarios Legal Studies 3&4 3 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3 Breaking up 3.1 Key concepts and rights Institutions Determining a criminal case Presumption of innocence Victoria Legal Aid Plea negotiations Burden of proof Community Legal Centres Key personnel Standard of proof Courts (including court Legal practitioners Summary & indictable hierarchy) Sanctions & purposes offences Sentencing factors Rights of an accused Principles of justice & Rights of victims factors (costs, time, cultural differences) that impact their achievement in a criminal case Legal Studies 3&4 4 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3 3.1.1 Distinction between summary and indictable offences Key differences Summary offence Indictable offence A summary offence is a criminal offence An indictable offence is a criminal offence Definition that is less serious in nature and heard in that is serious in nature and heard in the the Magistrates’ Court through a hearing County Court or Supreme Court through a before a magistrate. trial before a judge and jury. Minor offence. Serious offence. Nature Generally heard in the Magistrates’ Court. Heard in the County Court or Supreme Courts Court. (unless offered to be heard summarily) Hearing before a Magistrate who decides Trial before a Judge and 12-member jury Process the verdict. who decides the verdict.  Summary Offences Act 1966  Crimes Act 1958 (all offences unless Sources  Many other statutes and regulations stated to be a summary offence)  Drink driving  Murder Examples  Disorderly conduct  Burglary  Minor assaults  Rape Legal Studies 3&4 5 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3 Indictable offences that can be heard summarily Indictable offences heard summarily are serious criminal offences that can be heard in Definition the same manner as summary offences before a Magistrate in the Magistrates’ Court. Under s28 Criminal Procedures Act 2009, the following offences are eligible to be heard Eligible offences summarily:  an offence punishable by a term of imprisonment not exceeding 10 years  an offence punishable by a fine not exceeding 1200 penalty units ($237,108 in 2024/2025) Schedule 2 of the Criminal Procedures Act 2009 provides some additional offences, which don’t meet the 10-year imprisonment/1200 penalty unit criteria above, and sets limitations on other offences that do meet the criteria above. The following offences can be heard summarily:  carjacking  perjury  assault with intent to commit a sexual offence  causing a serious injury recklessly (except against emergency workers on duty)  theft/robbery/burglary/aggravated burglary of property not exceeding $100,000  theft of a motor vehicle (any amount)  threats to destroy or damage property not exceeding $100,000  fraud not exceeding $100,000 Under s29 Criminal Procedures Act 2009, the Magistrate must determine that the charge Conditions is appropriate to be heard summarily and the accused must consent. This occurs during the committal proceedings, which is a pre-trial procedure before the case is committed to trial. Why would the accused choose it? Why is it offered by the legal system? Justification  Quicker and cheaper to have the case  Saves the state time and money in heard in the Magistrates’ Court prosecuting the case  The maximum penalty the Magistrates’  Can reduce the backlog of cases in Court can hand down is much lower higher courts than other courts: o 2 years imprisonment for single offence o 5 years imprisonment for multiple offences o Fine up to 500 penalty units Legal Studies 3&4 6 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3 3.1.2 Key principles of the criminal justice system Presumption of innocence Presumption of innocence is a guarantee that an individual accused of a crime will be Definition presumed and treated as innocent until proven guilty in a court of law. s25(1) Charter of Human Rights and Responsibilities Act 2006. Source The accused should be treated as though they are innocent. Impact The presumption of innocence is upheld by the following aspects of the criminal justice How the presumption is upheld system:  Burden of proof – the responsibility of proving the criminal action rests with the party making the accusation (prosecution/state)  Standard of proof – the strength of the evidence required to establish a criminal conviction is high (beyond reasonable doubt)  Right to silence – an accused is not required to answer questions or give evidence in court and their silence cannot be taken as guilt  Right to bail – an accused has a right to apply for bail and should ordinarily be granted bail unless there are good reasons to deprive them of their liberty  Inadmissibility of prior convictions – prior convictions typically cannot be admitted as evidence in establishing an accused’s guilt. It can only be considered during sentencing. Presumption of innocence is a guarantee that an individual accused of a crime will be SAC intro presumed innocent until proven guilty in a court of law. Possible depth/application:  How is it upheld in the criminal justice system? Legal Studies 3&4 7 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3 Burden of proof (also called onus of proof) Burden of proof is the responsibility to prove the facts of the case. Definition The burden of proof rests on the party bringing the dispute to court. burden rest? Where does the In criminal cases, the burden of proving the elements of a crime rests on the prosecution, who brings the case on behalf of the state. The accused does not need to prove their innocence. Impact Under the presumption of innocence, the accused is presumed innocent. Therefore, the Justification responsibility of proving the case should rest with the party making the accusations. The burden of proof can be reversed for certain elements of a crime or if the accused Reversing the burden raises a defence. Examples  If the accused is relying on a defence of mental impairment, they are required to prove the elements of this defence  Offences in the Commonwealth Criminal Code such as obtaining funds from a terrorist organisation (s102.6) and trafficking drugs (s303.7) place the burden of proof on the accused The burden of proof is the responsibility of a party to prove the facts of the case. In SAC intro criminal law, this responsibility rests with the prosecution. Possible depth/application:  What facts need to be proved by the prosecution? Legal Studies 3&4 8 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3 Standard of proof Standard of proof is the strength of evidence required to prove the facts of the case. Definition s141 Evidence Act 2008 Source The prosecution must provide sufficient evidence to prove the facts of the case beyond Standard in criminal cases reasonable doubt. This typically means that no other logical conclusion can be drawn from the evidence presented in court other than the accused committed the crime. If there is another reasonable conclusion, the accused should be found not guilty. There may be some doubt about whether an accused is guilty (e.g. one piece of evidence that doesn’t indicate guilt). However, this doubt may not be reasonable enough to prevent a guilty verdict being returned. This is a higher standard than in civil cases, where there can be reasonable doubt. Prevents the accused’s freedoms and liberties being taken away without sufficient Impact evidence to warrant such serious consequences. It is up to the magistrate/jury to weigh up the quality and quantity of the evidence Quality vs quantity presented by both parties when determining whether the prosecution has met the standard of proof. It is possible that the prosecution submits only a few pieces of evidence, but they are of high quality (e.g. CCTV that clearly shows the accused committing the crime). Alternatively, the prosecution may submit a large number of pieces that are of lower quality, but together meet the standard. Under s63 Jury Directions Act 2015, a trial judge can explain the term ‘beyond reasonable Jury directions doubt’ if asked by the jury. When explaining the term, the judge may:  refer to the presumption of innocence and burden of proof  indicate that it is not sufficient to find the accused ‘probably guilty’ or ‘very likely guilty’  indicate that reasonable doubt is not imaginary, fanciful or an unrealistic possibility The standard of proof is the strength of evidence required to prove the facts of the case. SAC intro In criminal law, the standard of proof is beyond reasonable doubt. This is a high standard where the decision makers must be satisfied that no other logical conclusion can be drawn from the evidence presented in court other than the accused is guilty. Possible depth/application:  What evidence would be used to meet the standard? Legal Studies 3&4 9 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3 3.1.3 Rights of an accused The right to be tried without unreasonable delay A person charged, arrested or detained on a criminal offence is entitled, without Right discrimination, to a guarantee that they will be tried without unreasonable delay. Charter of Human Rights and Responsibilities Act 2006 (CHRRA) Sources Criminal Procedures Act 2009 Children, Youth and Families Act 2005 1. Entitled to have charges heard in a timely manner Elements The Criminal Procedures Act 2009 and Children, Youth and Families Act 2005, sets out timeframes that are considered timely/reasonable for commencing criminal matters. Summary offences A summary offence proceeding must commence within the following time periods after the date of the alleged offence:  Adults – 12 months  Children – 6 months Indictable offences A trial for an indictable offence must commence within the following time periods after an accused is committed to trial (following committal proceedings), or the indictment is filed (if no committal proceedings occur):  3 months for sexual offences  12 months for all other indictable offences An indictable offence heard summarily may be heard even if the proceeding is commenced more than 12 months after the date of the alleged offence. Extensions The court can extend the time limit if it considers that it is in the interest of justice to do so:  For a sexual offence, the extension must not exceed 3 months  For a summary offence against children, the extension must not exceed 12 months from the date of the alleged offence Legal Studies 3&4 10 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3  2. Delays should only occur if they are reasonable Ultimately, the court will decide whether a delay is reasonable. The factors they consider when determining what is reasonable include:  Whether the accused is held in custody  The length of the delay  The complexity of the case  The legal issues involved  The determining of a plea  The preparation of the case  The court’s workload/backlog of cases  The collecting of evidence (e.g. witness statements, forensic evidence or CCTV footage)  Cultural differences (e.g. the need for an interpreter) 3. The right applies without discrimination All accused is entitled to this right without discrimination, regardless of their prior history or personal attributes such as age, disability, political belief, race, religious belief, gender or sexual orientation. The court can permanently stay proceedings or release the accused on bail if the delay is Impact unreasonable. (e.g. due to the court backlog and delays caused by COVID, courts released accused persons from remand if they were likely to remain in custody longer than any likely imprisonment sentence).  Unreasonable delays can cause prolonged stress, anxiety and stigma on the accused Justification  If held in remand, unreasonable delays could result in an accused spending more time in remand than they would be sentenced  Unreasonable delays could result in the accused being unable to test the evidence presented by the prosecution or could result in witness testimony becoming compromised due to the delay between the crime and recollection in court Gray v DPP (2008) Case example (not assessed) Gray was charged with a number of indictable offences, including aggravated burglary, and was remanded in custody in December 2007. He subsequently applied for Bail in the Supreme Court arguing that his case was unlikely to be heard until November 2008 and given the nature of the crime, there was a risk his sentence would be less than the time he would spend in remand. The court decided that where a trial is unlikely to occur until after the accused has spent more time on remand than a likely sentence and the delay is due to the Crown’s inability to provide a timely trial, the remedies available to the court are to release the accused on bail or permanently stay proceedings. The court decided to release Gray on bail. Legal Studies 3&4 11 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3  Under the Victorian Human Rights Charter, an accused has the right, without SAC intro discrimination, to be tried within a timely manner and if any delays occur, they must be reasonable. Possible depth/application:  What a timely manner looks like if told the offence (e.g. 12 months from committal for non-sexual indictable offences)  What a reasonable delay looks like by applying the factors (e.g. a delay is more likely to be reasonable if the accused is out on bail) Legal Studies 3&4 12 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3 The right to silence The right to silence is a protection provided to an accused where they do not have to Overview answer questions or provide information about a criminal offence. It includes not having to:  Answer questions put to them by police  Testify in court  Provide a defence in court  Call any witnesses in court The right to silence is a long-standing common law right that has largely been codified by the Victorian Parliament into statute law.  Petty v R (1991) 173 CLR 95 Sources  Crimes Act 1958 (Vic)  Charter of Human Rights and Responsibilities Act 2006 (CHRRA)  Evidence Act 2008 (Vic)  Jury Directions Act 2015 (Vic) ‘A person who believes on reasonable grounds that he or she is suspected of having been law right Common a party to an offence is entitled to remain silent when questioned or asked to supply information by any person in authority about the occurrence of an offence, the identity of the participants, and the roles which they played.’ (Petty v R 1991) Crimes Act 1958 (Vic) Statute law rights Section 464A(3) of the Crimes Act 1958 provides that before an individual is questioned by police, the police officer must caution them about their right to silence: ‘I must inform you that you do not have to say or do anything but anything you say or do may be given in evidence. Do you understand that?’ Charter of Human Rights and Responsibilities Act 2006 (Vic) (CHRRA) Section 25(2)(k) of the CHRRA provides that a person charged with a criminal offence cannot be compelled to testify against himself or herself or to confess guilt. Evidence Act 2008 (Vic) Section 89 of the Evidence Act 2008 provides that guilt cannot be inferred from an accused failing/refusing to answer one or more questions or not responding to representations put to them by authorities who were investigating a criminal offence. This type of evidence is not admissible in court where its sole purpose is to infer they are guilty based on exercising their right to silence. Jury Directions Act 2015 (Vic) Section 41 of the Jury Directions Act 2015 provides that where the accused does not give evidence or call a particular witness, the defence counsel may request the trial judge to direct the jury that:  The prosecution must prove the facts of the case and the accused is not required to give evidence or call a witness (presumption of innocence / burden of proof)  The jury must not take silence as an admission of guilt or as strengthening the prosecution’s case Legal Studies 3&4 13 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3   An individual must provide their name and address when requested by a police Exceptions to the right officer or protective services officer when they have reasonable grounds that the person: o has committed an offence o is about to commit an offence o may be able to assist the investigation of an indictable offence  If the accused chooses to testify, they cannot claim the right to silence while testifying or being cross-examined by the prosecution  If an accused intends to rely on expert evidence or alibi evidence, they must inform the prosecution of the details of the evidence to be presented  Where silence or failure to respond is a fact in issue in the proceeding, the judge may allow the evidence (s89 Evidence Act 2008)  Typically, an accused cannot bring an action against the government for a breach of the right to silence, but can claim a remedy for the breach as part of another action against the government such as they acted unlawfully  An individual charged with a criminal offence is protected against self-incrimination Impacts  A judge may rule evidence inadmissible if the right has not been upheld  If the right is not upheld in the original hearing/trial, it may be grounds for an appeal  The prosecution carries the burden of proof and therefore the accused should not be Justification required to assist them in fulfilling their responsibilities  Protects against an abuse of power as coerced confessions may be more likely if an accused was required to answer questions Weissensteiner v The Queen (1993) Case example (not assessed) Mr Weissensteiner accompanied a married couple who owned a sailing boat on a trip out to sea. When the boat returned to port, the couple had disappeared, and their bodies were never found. Mr Weissensteiner had many items of the couple’s property in his possession, including the boat and their passports. He told several people conflicting stories about what had happened to the couple, which proved to be lies. Mr Weissensteiner was charged with the murder of the couple. The prosecution was not able to prove exactly how or when the couple had died. Mr Weissensteiner did not give evidence at his trial. His Counsel argued that the evidence did not establish the couple were dead, let alone that they had been murdered or that the accused was responsible. He submitted that the couple may well still be alive. The trial judge gave a direction to the jury that although the onus of proving the case rested on the Crown, the jury was entitled to use the accused’s failure to give evidence at the trial to assist them in accepting the inferences sought to be drawn from the facts by the Crown. In effect, he told the jury the accused’s failure to give evidence was something which might make it easier for them to accept the Crown’s interpretation of the evidence. This common law principle was abrogated by the Victorian Parliament in s41 of the Jury Directions Act 2015. Legal Studies 3&4 14 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3  Under common law and statute law, an accused has the right to remain silent when being SAC intro questioned by police or during a trial. This means they cannot be compelled to answer questions that may incriminate themself, testify against themself or confess guilt. Possible depth/application:  Impact/justification  Source of right  Exceptions to the right Legal Studies 3&4 15 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3 The right to trial by jury A person charged with a criminal indictable offence will have the matter decided by a jury Right of 12 of their peers. Commonwealth offences s80 Commonwealth of Australia Constitution 1900 Source Victorian offences s22 Juries Act 2000 1. Indictable offences Elements Trial by jury only applies to indictable offences. There is no right to a jury for summary offences. 2. Accused pleads not guilty A trial and jury are only required when the accused pleads not guilty. The guilt of an accused charged with indictable offences is decided by ordinary members Impact of the community.  The accused will be judged against community values because the jury is made up of Features / justification individuals from different sections of the community (age, gender, socioeconomic, etc) who bring with them different experiences  The jury members have no vested interest in the case and will therefore provide impartiality  The burden of deciding the accused’ guilt rests on more than one set of shoulders  The jury is independent from the court, executive and legislative Alqudsi v The Queen (2006) assessed) Case example (not Alqudsi was charged with a Commonwealth offence, which was being heard in NSW. He applied to have the case heard by a judge alone under NSW law. The High Court was asked to determine whether this was consistent with s80 of the Commonwealth Constitution. The High Court decided that the right to a trial by jury for Commonwealth offences has no exceptions and Alqudsi was required to have the case determined by a jury. Identify whether the question/stimulus is referring to Victorian or Commonwealth SAC intro offences:  Under the Juries Act 2000 (Vic), a person charged with a Victorian criminal indictable offence, has the right to have the matter determined by a jury of their peers.  Under the Commonwealth Constitution, a person charged with a Commonwealth criminal indicatable offence, has the right to have the matter determined by a jury of their peers. Possible depth/application:  When a jury is used  Accused is judged against community values and standards  Jury is independent and impartial as the jury members are randomly selected from the community and have no connection to either party  Principles of justice Legal Studies 3&4 16 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3 3.1.4 Rights of victims Victims The Victims’ Charter Act 2006 (Victims’ Charter) defines a victim as a person who: a. Was injured as a direct result of a criminal offence b. Is a family member of a person who has died as a direct result of a criminal offence c. Is a family member of a person who: o is under 18 years; or o cannot manage their own affairs due to mental impairment and that person was injured as a direct result of a criminal offence d. is under 16 years old and was groomed for sexual conduct or the child’s family Eligibility The rights below have eligibility requirements and may not apply to all people who fall under the broad definition of a ‘victim’ under the Victim’s Charter. However, where a judge has discretion in determining who the rights apply to, they may consider the definition above. The right to be informed about the proceedings The Victims’ Charter provides victims and people who are adversely affected by a crime Right with access to information about the proceeding and the criminal justice system. Victims’ Charter Act 2006 (ss 7, 8, 9, 11) Source  Victims of a crime (see list above); or Eligibility  Persons adversely affected by a crime (e.g. witnesses) Information provide it Types of information & who must Investigatory (e.g. police), prosecuting (e.g. DPP, police prosecutor) and victims’ services agencies (e.g. Victims of Crime Helpline) must provide clear, timely and consistent information about:  Support services available  Possible entitlements  Legal assistance available to persons adversely affected by a crime. Progress of investigation Investigatory agencies (e.g. police) must update victims at regular intervals about the progress of an investigation unless it will jeopardise the case. Legal Studies 3&4 17 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3  Charges, court proceedings and role/entitlements The prosecution must provide victims with the following information:  The offences charged against the accused  If no charge, the reasons why  How to find out the date, time & place of the hearings  The outcome of the criminal proceeding, including any sentence  The fact an appeal is lodged, the grounds of the appeal and result  Entitlement to attend court hearings  Process of trial/hearing  Victim’s role as a witness  Victims are informed about their rights, entitlements and the role they have within Impact the court proceedings.  People who are adversely affected are provided with assistance.  Ensure victims have access to the criminal justice system Justification  Recognises the impact of the crime on the victims  Provides the victims with an opportunity for closure  Ensures victims are aware of any compensation/entitlements available to them Under the Victims’ Charter Act 2006, victims and people who are adversely affected by SAC intro crime have the right to access information about the proceeding and the criminal justice system. This includes the police updating victims at regular intervals about the progress of an investigation and the prosecution providing victims with information about hearings such as the date, time and location so they can attend court and be involved in the criminal justice process. Legal Studies 3&4 18 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3 The right to be informed of the likely release date of the offender Where an offender has been sentenced to a term of imprisonment for a criminal act of Right violence, the victim can apply to be on the Victims’ Register and receive information such as:  Details about the release of the offender (usually at least 14 days prior)  The length of the offender’s sentence  Details of the offender’s escape from prison  The right to make a submission to the parole board if the offender applies for parole Corrections Act 1986 (ss 30A, 30B, 74A) Source Victims’ Charter Act 2006 (s 17)  Offender committed a criminal act of violence; and Eligibility  Offender was sentenced to a term of imprisonment; and  Victim has applied and is included on the Victim’s Register. Examples of criminal acts of violence include: aggravated burglary, kidnapping, stalking, assault, culpable driving causing death, rape and other sexual offences. The victim is informed about the circumstances of the offender’s imprisonment. Impact  Ensures the victim can prepare themselves emotionally for the offender’s re- Justification introduction into society  Allows the victim to take regard of their personal safety  Allows the victim to play a role in the parole process Under the Corrections Act 1986, a person who is a victim of a criminal act of violence can SAC intro apply to be on the Victim’s Register. This allows the individual to receive information such as details about the offender’s release and their right to make a submission to the parole board. Legal Studies 3&4 19 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3 The right to give evidence using alternative arrangements The court may direct that witnesses of certain types of offences can use different ways of Right giving evidence in court. Part 8.2, Division 4 of the Criminal Procedures Act (2009) Source All witnesses in a criminal proceeding related to: Eligibility  A sexual offence; or  A family violence offence; or  An offence for obscene, indecent, threatening language and behaviour in public; or  An offence for sexual exposure in a public place The right applies at any stage of the criminal proceeding, including an appeal or rehearing.  Evidence can be given from another place by means of CCTV arrangements Types of alternative  Use of screens to block the accused from the vision of the witness  Allowing a support person to be beside the witness when giving evidence  Allowing only specific people to be present in the courtroom whilst the witness gives evidence  Requiring legal practitioners to remove robes  Requiring legal practitioners to be seated while asking questions Where the witness is a complainant and the case involves a sexual offence, the court must provide CCTV, screens and support person arrangements unless the prosecution/witness requests not to use them and the court is satisfied they are able to provide evidence without it.  The victim can provide testimony to the court in a safe and supportive environment Impact  The prosecution can present their case in the best possible light  Reduces the stress and trauma experienced by the witness when giving evidence Justification  Allows the witness to provide evidence where they otherwise may not have been able to (e.g. too scared)  Allows the witness to provide credible evidence Under the Criminal Procedures Act 2009, victims and witnesses of certain crimes such as SAC intro family violence or sexual offences can use different ways of giving evidence in court. These arrangements include providing evidence via CCTV from another location or placing a screen in front of the accused. Possible depth/application:  Justification/purpose - why do they get the right? Other rights  Ability to provide a victim impact statement to the court  Right to make a submission in connection with a parole application Legal Studies 3&4 20 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3 3.1.5 Principles of justice Fairness Fairness means all people can participate in the justice system and its processes should Definition be impartial and open. 1. Participation Elements Participation is people being able to use the justice system and its processes. In the criminal justice system, this includes:  having an opportunity to know the case against them  having an opportunity to prepare their case  having an opportunity to examine witnesses to test the strength of evidence  being able to use a legal practitioner  being able to use an interpreter  having a case heard in a timely manner  being able to appeal a decision to correct errors  victims providing a victim impact statement to be involved in the sentencing process 2. Impartial processes Impartial processes are where institutions and personnel within the justice system (e.g. police, courts, judges, magistrates, jury members) are:  independent – have no connection to either party  decisions are based on objective criteria – without bias or prejudice towards either party This includes:  avoiding apprehended bias, where a reasonable person might believe that someone involved in the justice system might not be impartial when engaging in their role. For example, a judge that is friends with one of the parties may be perceived to be biased even though they may be able to perform their role without prejudice.  cases being decided based on the law and facts, using evidence that has been fairly obtained and passed the rules of evidence and procedure.  jurors not conducting their own research about the case or allowing prior knowledge to influence their decision. Legal Studies 3&4 21 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3  3. Open processes Open processes are where the institutions and personnel who administer the justice system can be publicly scrutinised and held accountable for their actions/decisions. For example, under the Open Courts Act 2013 (Vic), courts are typically open to the public and media, which helps to ensure impartial processes are followed and decisions are consistent with previous cases. However, the court may make ‘suppression orders’ to restrict the publication of information or ‘closed court orders’ to prevent public access to a proceeding. These are seen to be reasonable restrictions on the requirement for open processes where they are necessary to protect the safety of a person or prevent prejudice.  Presumption of innocence Features of the criminal justice system  Burden of proof rests with the prosecution  Standard of proof is beyond reasonable doubt (high standard)  Use of a legal practitioner o Present the accused’s case in the best possible light o Assist the accused with understanding and comply with processes  Rights of the accused o Tried without unreasonable delay o Silence o Trial by jury for indictable offences  Use of an interpreter for accused who don’t speak English  Use of decision makers (magistrate, judge and jury) who are independent and impartial  Most hearings are open to the public  The adversarial system provides an opportunity to present a case  Rights of victims o Informed about proceedings o Informed of the likely release date o Give evidence using alternative arrangements  Allowing victims to provide a victim impact statement  Allowing victims to provide their views (e.g. views on plea negotiations)  Ability to appeal court decisions Legal Studies 3&4 22 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3 Equality Equality means all people engaging with the justice system and its processes should be Definition treated in the same way. However, if the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow everyone to engage with the justice system without disparity or disadvantage. Section 8 of the Charter of Human Rights and Responsibilities Act 2006 (Vic) (Victorian Source Human Rights Charter) provides that every person:  is equal before the law  is entitled to equal protection of the law without discrimination  has the right to equal and effective protection against discrimination 1. Same treatment (formal equality) Elements All people engaging with the justice system are treated the same regardless of their personal characteristics (e.g. race, religion, age, gender identity, etc). This is referred to as ‘formal equality’. This means people should experience the same processes/procedures and have the same opportunities, level of support, and assistance. However, this is a ‘one size fits all’ approach, which may not result in substantive equality (see below). Source: Australian National University 2. Different treatment due to disparity (substantive equality) If the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow everyone to engage with the justice system without disparity or disadvantage. This is referred to as ‘substantive equality’. For example, where financial disparity between parties might create disadvantage (such as one party being unable to afford legal representation), the legal system should provide adequate measures to reduce that inequality. This may include Victoria Legal Aid (VLA) providing a grant of legal representation in the criminal justice system or providing lower cost avenues for dispute resolution through institutions such as the Victorian Source: Australian National Civil and Administrative Tribunal (VCAT) in the civil justice University system. Legal Studies 3&4 23 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3  Formal equality Features of the criminal justice system  All parties are equally entitled to use a legal practitioner  All parties have an equal opportunity to present their case  Decision makers (magistrate, judge and jury) have no connection to either party and treat both parties the same Substantive equality  VLA and CLCs providing legal assistance to those who cannot afford it  Providing interpreters to individuals who don’t speak English  Providing information in different ways such as translated versions or braille  Different methods of swearing in witnesses such as an oath with different religious texts or an affirmation for those who aren’t religious  Changes to court processes such as certain witnesses using alternative arrangements for giving evidence  Providing jury directions on cultural differences such as First Nations people not making direct eye contact, which may be perceived as dishonest or evasive Legal Studies 3&4 24 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3 Access Access means all people should be able to engage with the justice system and its Definition processes on an informed basis. 1. Engagement Elements Engagement is the degree to which people can use the justice system and its processes. Physical access This includes accessibility features for those with individual needs to access institutions and services. For example, the availability of ramps or elevators for those with a physical disability. It also includes institutions and services providing access to venues/locations for people in rural or remote areas. Technological access This includes online court hearings, online meetings with a legal practitioner, electronic filing of documents. However, online services may not be available to all people (e.g. those in jail or those without internet access) or suit people with individual/special needs. Financial access This includes people having financial resources to be able to engage with institutions. For example, being able to afford the costs of initiating or defending proceedings such as court fees and legal practitioner fees. Institutions such as Victoria Legal Aid (VLA) and Community Legal Centres (CLCs) can assist people who meet their eligibility criteria with free/subsidised legal assistance. However, there is a ‘missing middle’ of people who cannot afford private legal representation and don’t qualify for legal assistance. Timely access This includes cases being resolved in a timely manner to avoid undue stress and disruption to a person’s life. An accused may choose not to defend charges to avoid the delays and associated costs. Victims/witnesses may not want to make a complaint or testify if a case is likely to face delays as it could exacerbate their trauma or undo progress they have made with treatment. 2. Informed basis An informed basis is where all people can understand their legal rights, the legal processes, and have sufficient information to make informed decisions about their case. Legal Studies 3&4 25 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3   A person’s level of education (e.g. higher literacy improves access) Features of the criminal justice system  Access to information o Courts, VLA, CLCs, and government agencies provide free information about the law, processes and where to seek help o Victims may qualify for the right to be informed of the proceedings and receive information  Use of a legal practitioner o Inform individuals of their rights and processes o VLA provides grants of legal assistance to those who meet their eligibility criteria  Plea negotiations / early guilty pleas (reduces court backlog)  Use of a jury (e.g. legal practitioners must make information more accessible, which can assist the parties)  Providing interpreters to individuals who don’t speak English  The use of online/virtual hearings in courts  Accessibility options in courts (e.g. lifts, ramps, etc)  Circuit courts in rural area (e.g. County Court has 12 circuit courts in Mildura, Shepparton, Wangaratta, Horsham, etc) Legal Studies 3&4 26 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3 3.1.6 The role of VLA and CLCs in assisting an accused and victims Victoria Legal Aid (VLA) Victoria Legal Aid is a government-funded agency that helps people with legal problems Overview by providing free legal information, free legal advice and free/subsidised legal representation to people who need it most. Assisting an accused VLA has eligibility criteria for most of their services based on an accused’s financial situation, the nature/seriousness of their problem and their individual circumstances. 1. Provide free legal information Roles Service Eligibility VLA provides free legal information All accused including information about the law, legal principles, court processes, rights and entitlements. This information can be accessed via their website, online chat, and telephone. VLA’s publications are available in multiple languages and can be downloaded or delivered for free. 2. Provide free legal advice Service Eligibility VLA provides legal advice about your  Income test matter in person, by video conference or  Suitable legal matter over the phone. They also offer a ‘Help Before Court’ service for criminal charges heard in the Magistrates’ Court. This includes advice from a lawyer to help the accused prepare their case, arrange for a duty lawyer to help the accused on the day of the hearing, or arrange for a grant of legal representation. Legal Studies 3&4 27 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3  3. Provide duty lawyers at the Magistrates’ Court (access to a lawyer on day of hearing) Roles (cont) A duty lawyer is a lawyer who can assist an accused on the day of their hearing in the Magistrates’ Court. They are not available for indictable offence trials (heard in the County Court/Supreme Court) or for committal proceedings. Service Eligibility Information fact sheets about specific Everyone offences and what happens in court. Advice about the law, how it applies and  Income test what happens in court. This may include o Can produce a Centrelink Benefit negotiations with the prosecution. Card or Pensioner Concession Card; or Legal representation for accused persons o After tax income is under $850.00 facing a significant charge or who satisfy per week for a single person or the priority criteria (intellectual disability, under $1000 for a person with homelessness, cannot speak English, dependents (children or partner) Indigenous Australians). OR  People in custody test o Accused people who have been remanded in custody and are being brought to court for the first time on a charge 4. Provide grants of legal assistance (legal representation) Service Eligibility A grant of legal assistance is where VLA Under s24 Legal Aid Act 1978, VLA must either provides an in-house lawyer or pays consider the following circumstances when for a private lawyer to help with a legal deciding whether to provide a grant of problem. legal assistance: This may be fully funded or partially  Means test funded, where the accused needs to o If the accused has less than $360 contribute to the cost. income per week and less than A grant can be provided for: $1,095 in assessable assets, they qualify for free assistance  Legal advice o Above these thresholds, the cost  Preparing legal documents may be subsidised and requires  Representing an accused in court / the accused to contribute running their case  Benefit to the accused or public Under s197 Criminal Procedures Act 2009, a  Merit test (i.e. good chance of success court may order VLA to provide legal for the accused) representation to an accused if:  The court is unable to ensure the accused will receive a fair trial if they are not legally represented; and  The accused is unable to afford private representation The court can adjourn a matter until legal representation has been provided by VLA. Legal Studies 3&4 28 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3 Assisting victims VLA provides legal assistance to victims of crime, which includes:  a person who has suffered physical, psychological or emotional injury, or financial loss because of a crime  a person who has witnessed a crime  a family member of a person who was injured or killed 1. Provide free legal information Roles Service Eligibility VLA provides free legal information including information All victims. about the law, legal principles, court processes, rights and entitlements. This information can be accessed via their website, online chat, and telephone. VLA’s publications are available in multiple languages and can be downloaded or delivered for free. For example, VLA provides information to victims about how to make a victim impact statement and how it will be used by the court. 2. Provide information and advice though a Victims Legal Service (on obtaining financial assistance or compensation) Service Eligibility The Victims Legal Service is a partnership between VLA, Victims who are seeking community legal centres and Aboriginal legal services across financial the state. assistance/compensation. It provides support and advice for victims to:  Make an application for financial assistance to the Victims of Crime Assistance Tribunal (VOCAT)  Make a claim for a restitution order (where the offender must return stolen property or make a payment to the value of the property) as part of the criminal case  Make a claim for a compensation order (where the offender must pay the victim for loss or injury caused by the offending) as part of the criminal case 3. Provide duty lawyers at the Magistrates’ Court Service Eligibility VLA provides duty lawyers at the Magistrates’ Court for No income test applies. victims who are seeking a personal safety intervention order. Those who are most in The duty lawyer may provide information and advice to need are prioritised, enable the victim to represent themselves or they may including children, and represent the victim in court. adults who have a disability. Legal Studies 3&4 29 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3  4. Provide grants of legal assistance Roles (cont) (legal representation for obtaining a family violence intervention order) Service Eligibility VLA only provides a grant of legal assistance to victims in State reasonableness limited circumstances. This includes where the victim is test - VLA considers the seeking a family violence intervention order and all the benefit of granting following apply: assistance or the  the applicant is aged 18 years or older detriment of refusing  the matter is listed for a contested hearing assistance to the person  the applicant is more likely than not to succeed in or the public. obtaining a family violence intervention order VLA will not normally make a grant of legal assistance to an affected family member where the application has been brought by the police. 5. Provide referrals to other support services (e.g. VSSR) Service Eligibility If the Victims Legal Service is unable to assist a victim, they All victims. will refer them to another service that may be able to provide support. Victim Services, Support and Reform (VSSR), is a business unit in the Department of Justice and Community Safety, operates the Victims of Crime Website and delivers a range of support services including:  Victims of Crime Helpline - offers information, advice and support and is the first step for victims of crime to access free services in Victoria  Victims Assistance Program – provides assistance with day-to-day needs, personal safety, home security, communicating with police, counselling/medical services, and getting ready for court and preparing a victim impact statement  Child and Youth Witness Service – helps children and young people who are witnesses at court  Victims Register (see 3.1.4) Legal Studies 3&4 30 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3 Community Legal Centres (CLCs) Community legal centres are independent, non-profit, community-based organisations Overview that provide free and accessible legal services including legal information, advice, representation, casework and education.  There are approximately 47 CLCs in Victoria, with each centre offering different Features services and covering different areas of law based on the needs of their specific communities.  CLCs focus on working with people who are experiencing disadvantage, such as financial hardship, family violence, homelessness or discrimination (see eligibility below).  CLCs fill the gaps in legal assistance services by providing complementary services to those provided by VLA and the private legal profession. For example, CLCs commonly refer to VLA or other bodies where appropriate.  CLCs are funded by government (federal, state and local), philanthropic foundations, pro bono contributions and donations. They are also supported by volunteers including lawyers and law students. Generalist CLCs Types of CLCs Provide broad legal services to people in a particular geographical area. E.g. Fitzroy Legal Service, South-East Monash Legal Service Specialist CLCs Provide legal services to particular groups of people or in specific areas of law. E.g. Djirra’s Aboriginal Family Violence Legal Service, Women’s Legal Service, Youthlaw Each CLC has its own eligibility criteria for who it will assist. For example, generalist CLCs Eligibility will typically require a Centrelink card or proof of low income/assets to access their services due to financial hardship. Many CLCs will only provide limited assistance and advice on minor criminal matters. For example, Barwon Community Legal Service (Geelong area) will only provide legal advice in criminal matters for assaults, fines and driving offences. Most CLCs do not have the resources to handle contested matters, where the accused is pleading not guilty to the charges. Legal Studies 3&4 31 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3 Assisting an accused 1. Provide free legal information and education Roles CLCs can provide free legal information to an accused either in-person or on their website. For example, some CLCs provide basic information on their websites, and some produce far more detailed resources such as Fitzroy Legal Service’s ‘The Law Handbook’. 2. Provide free legal advice and assistance Most CLCs provide an opportunity to meet/speak with a lawyer to get specific advice and assistance on a legal matter, which may include:  information about the specific legal matter  the accused’s legal rights  court processes  options to resolve the issue  help to write short letters  help to complete forms (e.g. an application for a VLA grant of legal representation)  help to make applications or file documents in court 3. Provide casework and limited legal representation Some CLCs provide casework to prepare a legal case and legal representation to an accused, but this is mostly for minor offences in the Magistrates’ Court. For example, someone may represent an accused in a plea hearing where they have pleaded guilty to raise mitigating factors before the Magistrate hands down their sentence. 4. Provide referrals to other services CLCs may refer an accused to:  a more specialised/appropriate CLC based on their legal matter  a court appointed duty lawyer for representation in the Magistrates’ Court  VLA for advice or legal representation Legal Studies 3&4 32 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3 Assisting victims 1. Provide free legal information Roles Many CLCs provide free legal information to victims about their rights and entitlements. There are also some specialist CLCs that only support victims of crime. For example, Djirra’s Aboriginal Family Violence Legal Service works with Aboriginal people or children of Aboriginal parents who are experiencing or have experienced family violence (they do not provide assistance to perpetrators of family violence or sexual assault). Their website has factsheets available to download on child protection, family violence and VOCAT. 2. Provide free legal advice and assistance Some CLCs provide opportunities for victims to meet/speak with a lawyer to get specific advice and assistance on a legal matter, which may include:  information about the specific legal matter  the victim’s legal rights  court processes  help to make an application or complete forms For example, Youthlaw provides legal advice over the phone to anyone who is under 25, including victims of crime. 3. Provide duty lawyer services Some CLCs provide duty lawyers at Magistrates’ Court locations to support victims in making an application for a family violence intervention order. For example, the Women’s Legal Service Victoria provides duty lawyers at the Melbourne Magistrates’ Court. 4. Provide casework and limited legal representation Some CLCs provide casework and legal representation to victims. This is mostly in relation to financial assistance (e.g. through VOCAT) or applications for personal safety intervention orders or family violence intervention orders. For example, South-East Monash Legal Service (SMLS) has partnered with the South Eastern Centre Against Sexual Assault (SECASA) for over 25 years to provide a program that provides legal advice, assistance and representation to victims/survivors of sexual assault and their family members. The service specialises in applications to VOCAT. 5. Provide referrals to other services (same as accused) CLCs may refer an accused to:  a more specialised/appropriate CLC based on their legal matter  a court appointed duty lawyer for representation in the Magistrates’ Court  VLA for advice or legal representation Legal Studies 3&4 33 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3 VLA/CLC’s ability to achieve the principles of justice (PoJs) Fairness Arguments / points For/Strength Against/Weakness/Limitation Participation Participation  Free legal information available on  The free legal information available on VLA/CLC websites can assist individuals VLA/CLC websites is generic in nature in understanding the criminal justice and may not be specific enough to an system and processes so they can individual’s legal matter to assist them participate in the justice system. in navigating the justice system when  VLA/CLC’s legal advice, assistance and self-representing. legal representation can assist  CLCs rarely provide legal individuals by providing them with representation, which means an access to a person with expertise. accused may need to self-represent, o For an accused, this may enable which could impact their ability to them to prepare and present their participate as they may not understand case in the best possible light and the processes/procedures or effectively rebut the prosecution’s case if rebut the prosecution’s case. they need to self-represent. If Impartial processes they obtain legal representation, it  VLA’s eligibility requirements can result may assist them in being treated in an accused being denied a grant of impartially as they won’t need to legal representation, which could result self-represent and address the in an unfair trial (Dietrich v The Queen). judge/jury directly. o For victims, this may enable them to participate in the court proceedings or use the legal system to obtain protection from family violence or obtain financial assistance. Legal Studies 3&4 34 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3  Equality Arguments / points (cont) For/Strength Against/Weakness/Limitation Formal equality Substantive equality  VLA/CLCs provides legal assistance to  VLA/CLCs may not be able to ensure all individuals regardless of their age, substantive equality for all individuals gender, nationality, etc. as they don’t have unlimited Substantive equality resources/funds and therefore have strict eligibility criteria to access its  VLA/CLCs eligibility criteria ensures services. individuals who are most in need of support are prioritised. o For an accused who doesn’t meet the eligibility criteria and can’t o For accused, this includes those afford a private lawyer (the who are financially disadvantaged, ‘missing middle’), they may need vulnerable, in custody, and First to put themselves under financial Nations people. stress by obtaining a loan or o For victims, this includes children, represent themselves in court. adults with disabilities and those  CLCs typically only provide assistance who are at risk of violence or need for minor criminal matters. Therefore, protection. if an accused doesn’t qualify for VLA  VLA/CLCs provide interpreter services services, they may not receive legal to ensure those from non-English assistance for more serious matters. speaking backgrounds have access to legal assistance.  Specialist CLCs assist those with certain personal characteristics (e.g. gender, age, disability, refugees) to ensure they have an equal opportunity to engage with the justice system. Legal Studies 3&4 35 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3  Access Arguments / points (cont) For/Strength Against/Weakness/Limitation Engagement Engagement  VLA/CLCs services (info, advice, duty  VLA’s free information available online, lawyers, grants) enables individuals to may not be available to those without engage with the justice system by an internet connection (e.g. low making use of the institutions and socioeconomic, homeless, elderly). processes.  The number of VLA locations is quite o For an accused, this may enable limited, which means individuals who them to present their case. are seeking in-person assistance may o For a victim, this may enable them need to travel a long way. This may to access support services or discourage some individuals from utilise their rights/entitlements engaging with VLA’s services. such as being able to provide  There are relatively few CLCs in rural evidence using alternative areas of Victoria, which means arrangements. individuals in these areas may not have  VLA has 6 metropolitan offices and 9 access to legal assistance to engage regional offices. CLCs have 47 locations with the justice system. across Victoria. This may assist individuals in physically accessing legal  CLCs have limited appointments and services to engage in the justice can only see a small number of clients system. at each drop-in session. This means some individuals may be turned away Informed basis or discouraged from seeking assistance.  VLA/CLCs legal assistance enables Informed basis individuals to understand their rights and court procedures/processes so  Individuals who don’t meet VLA’s they can engage with the justice eligibility criteria and don’t have the system. financial means to seek private advice, o For an accused, this might be may not be informed about their legal information that enables them to rights/processes to make informed make informed decisions about decisions about their case/involvement their case. in the justice system. o For a victim, this might be information that enables them to decide whether to provide a victim impact statement or pursue an intervention order. Legal Studies 3&4 36 Unit 3 AOS 1 – The Victorian criminal justice system Produced by Mr Campbell v2025.3 3.1.7 The purposes and appropriateness of plea negotiations Plea negotiations are a process in which the prosecution and accused discuss the charges Definition (including the number of charges and severity of charges), case facts and the prosecution’s sentencing submission in exchange for the accused pleading guilty. Plea negotiations are not explicitly referred to in Victorian Statute Law. However, they Source are implied by s22 and s24(b) of the Public Prosecutions Act 1994 (Vic) and s9 of the