Legal Studies Unit 3 AOS 1 Notes PDF

Key Principles of the Criminal Justice System ============================================= -[Summary offences are minor criminal offences] and are [resolved by a Magistrate] in the Magistrates Court. Sanctions imposed are small fines or short terms of imprisonment. Summary offences are set out in...

Key Principles of the Criminal Justice System ============================================= -[Summary offences are minor criminal offences] and are [resolved by a Magistrate] in the Magistrates Court. Sanctions imposed are small fines or short terms of imprisonment. Summary offences are set out in the [Summary Offences Act 1966 (Vic)]. Examples are assault, disorderly conduct, etc. -[Indictable offences are serious criminal offences] resolved by a [judge and jury in the County or Supreme Court.] Sanctions are severe and offences are laid out in the [Crimes Act 1958]. Examples are manslaughter, arson, etc. -[Indictable offences heard summarily are less serious indictable offenses that can be heard summarily] in the Magistrates Court. Can be [heard summarily if punishable by a term not exceeding 10 years prison, the accused agrees and court determines its appropriate]. Examples are theft or robbery no more than \$100,000. -Burden of proof is the [responsibility of a party to prove the case] held by the party that initiates the case (prosecution in criminal law). -The standard of proof is the [strength of evidence needed to prove a legal case.] The prosecution must [prove the case beyond reasonable doubt] (must be realistic doubt) -Presumption of innocence is the [guarantee to accused persons that they are innocent until proven guilty]. An accused doesn't need to prove innocence and can remain silent. Rights of an Accused ==================== -[The right to be tried without unreasonable delay is the right to the accused to have charges heard in a timely manner and delays should only occur if they are reasonable] depending on a range of factors. [Protected in the Victorian Charter] of Human Rights and Responsibilities 2006. -[The right to silence enables the accused to not have to answer questions during an investigation] (other than name and address) or during a trial. N[ot required to give evidence in court, can refuse questions, cannot be forced to give evidence, silence not interpreted as guilt.] -[The right to trial by jury is if a person is charged with an indictable offence they are entitled to be tried by peers]. In S.80 of [constitution and Criminal Procedure Act,] when an [accused pleads not guilty to an indictable offence,] jury trials only small percentage of criminal offences. Rights of Victims ================= -The [right to give evidence using alternative arrangements are processes that protect vulnerable witnesses] when they are giving evidence in cases of [sexual offences or family violence]. Alternative arrangements [help to relieve stress, trauma and intimidation]. Found in Criminal Procedure Act. -The witness may give evidence from a [close circuit television] , [screen to remove the accused from victims], a [support person] beside the witness, or a [legal practitioner may not be dressed in robes]. -The right to be informed about proceedings means [victims should be knowledgeable about the case they are involved in], achieved through the [Victims Charter]. The charters require prosecution to give the victim [information about details of offence,] if no charges are the [reason why], how victim can find out [time, date and place], [outcome of proceedings] and [details of appeal]. -The [right to be informed of the likely release date of an offender means a person who is a victim of crime may apply to be on the victims registe]r, enabling them to be [notified of release of the offender]. The [information will be told 2 weeks before release.] The Principles of Justice During a Criminal Case ================================================ -Fairness means [all people can participate in the justice system and its processes should be impartial and open]. The burden of proof lies with the prosecution, judges, juries and magistrates should be impartial, hearings are public, victims can give victim impact statements, and use lawyers. -Equality means [all people engaging in the justice system and its processes should be treated the same way.] But if the same treatment causes disadvantages, measures should be implemented to allow all people to engage in a system without disparity. Eg. Translators, specialist courts, alternative arrangements. -Access means [all people should be able to engage with the justice system and its processes on an informed basis.] Eg. Resolution of case with minimal delay, legal aid, victims informed on proceedings, courts across state. Victorian Legal Aid and Community Legal Centres =============================================== -Role of VLA; ------------- -VLA is a government agency that provides free legal information to the community, legal advice, and legal representation for people who cannot afford to pay for a lawyer by prioritising fair, just, inclusive society. -VLA aims to provide legal aid in the most effective, economic, and efficient manner. Provide community with improved access. Manage legal aid available at a reasonable cost to the community. **-Why do we need VLA & CLC's;** right to receive a fair trial; legal representation for serious cases can't always be afforded - court can be adjourned until acquired - VLA & CLC's available when can\'t afford. -'Legal aid' is not the same as legal representation in court - free legal information, free legal advice, duty lawyer, help to pay a lawyer. -Victims are not a party in a criminal case and legal aid won\'t be the same. -Legal aid for accused; ----------------------- **--Free legal information -** through website, resources, VLA officers - all accused people **-Free legal advice -** given over phone, in person, from duty lawyer - those need it most **-Duty lawyer services -** help people at court on day, give info, advice, represent - only in Mag court, not indictable offences, committal proceedings, pass income test, vulnerable prioritised **-Grants of legal assistance -** people who can\'t afford help, prepare, resolve matters, given a lawyer - meet means test, consider benefits and disadvantage Types of assistance for victims of crime; - Free legal information - all victims -------------------------------------------------------------------------------- **-Free legal advice** - victims needing assistance getting financial compensation for loss suffered **-Duty lawyer services -** to victims most in need (vulnerable prioritised) **-Grants to legal assistance -** reasonableness test satisfied **-Strengths** - free legal information available to everyone, free legal advice/assistance for eligible people, information in 30+ languages, online tools for regional people **-Weaknesses** - info might not be enough for people charged with indictable offences, not everyone eligible, VLA budget means fewer people eligible, not everyone has access if they don\'t have technology **-CLC's -** Centres that provide free quality legal information and can do case work, advice, representation and education for people experiencing disadvantage. Advocating for changes in law. -Generalist CLC is a community legal centre that provides a broader range of legal services to people in a particular geographical area of VIC. -Specialist CLC is a community legal centre that focuses on a particular group of people or law **-Role of CLC's** **-**Provide the accused with information, legal advice, and assistance in a case. Provide legal education to the community for greater awareness and advocate for changes in the system. -VLA funds CLC's in VIC through commonwealth and state funding, some CLC's get grants, volunteers assist. Funding is an issue due to demand for assistance, they prioritise people who need help the most. -Types of assistance for accused; --------------------------------- -Basic legal information -Legal advice and assistance (can be help writing letters or doing forms, applying for grants) -Ongoing case work (representation) -Types of assistance for victims; --------------------------------- -Basic legal information (fact sheets) -Legal advice and assistance -Duty lawyer services (could be seeking family violence protection, or protection order) -Ongoing case work (representation) -**Strengths;** free legal information available on CLC website, information provided in different languages, free interpreter, educating community **-Weaknesses;** insufficient funding, some don\'t assist people charged with indictable offences, not enough staff to meet needs -**Difference between CLC & VLA -** CLCs are independent, VLA is government funded, VLA operates statewide compared to CLC's. VLA is primarily funded by the government with a larger budget whereas CLC's rely on grants and volunteers not located everywhere. VLA primarily serves those who meet eligibility, CLC helps those who might not meet legal aid standards. Plea Negotiations ================= -Discussions between prosecutor and the accused about charges against the accused. (pre trial discussions) **-The aim** is to resolve the case by agreeing on an outcome to the criminal charges. Accused pleads guilty in exchange for a concession or agreement by prosecution. Fewer charges, agreement reached about facts on which plea is based, lesser charges -How they work; --------------- -Accused indicates to prosecution willingness to discuss charges -Discussed on a 'no prejudice basis' - wont be used against accused in court if negotiations fail -Usually occur when there are multiple charges -Don't determine sentence and are private **-When;** can occur at any stage, victims should be consulted -Purposes; ---------- -Ensure certainty of outcome - charges must reflect seriousness of wrongdoing -Save cost, time and resources -Achieve prompt resolution to a criminal case without stress, trauma and inconvenience - witness and victims don\'t have to relive experience When is it appropriate; ----------------------- -In public interest -Accused is willing to cooperate in investigation -Whether there is strong evidence against accused -Whether accused is represented -Witness reluctant to give evidence -Possible negative consequences of a full trial -Time an expense and views of victim **Strengths;** help prompt determination of case avoiding full trial or hearing proceeding to sentencing, save trauma, inconvenience, victims views are consulted, save cost and resource, certain outcome **Weaknesses;** is private does not need to be disclosed, could be seen as prosecutor avoiding proving case beyond reasonable doubt, victims don\'t have final say, self represented party may feel pressure to accept deals