Legal Unit 3 SAC 2

• Structure of the Victorian Criminal Courts

  - Magistrates Court - Committal Hearings and Summary offences

  - County Court - Indictable offences

  - Supreme Court - Serious Indictable offences

  
  

  HIGH COURT (FEDERAL)

  SUPREME COURT (COURT OF APPEALS)

  SUPREME COURT (TRIAL DIVISION

  COUNTY COURT

  MAGISTRATES COURT
• Reasons for Court Hierarchy

  Specialisation and Appeals
• Specialisation


  The court had expertise in hearing certain levels of crimes

  - Makes it efficient and timely

  
  

  - The supreme court has expertise in binding precedents due to being the highest court
• Appeals


  An application/submission to have a higher court review a ruling made by a lower court

  
  

  Due to: Point of Law or Outcome of the case

  
  

  In some cases, leave needs to be applied for, in order to appeal the case in a higher court
• Connection to PoJs - Court Hierarchy to FAIRNESS

  ACHIEVES:

  - Having appeals allows you to purse the case further if you feel you are treated without impartiality, promoting participation and just outcomes

  - Specialisation ensures correct outcomes
• Connection to PoJs - Court Hierarchy to EQUALITY

  ACHIEVES:

  - If you feel like you have been treated with disparity or disadvantage, you can pursue this further
• Connection to PoJs - Court Hierarchy to ACCESS

  ACHIEVES:

  - Having specialised courts ensure greater timelines, promoting engagement with the justice system

  NOT ACHIEVES:

  - Appeals can add extra steps to a case, making to more financially difficult to pursue or stressful
• Composition of Jury


  - 12 members

  - Randomly Selected
• Jury's Responsibilites


  - Be objective

  - Listen to and remember evidence

  - Understand directions and sum up

  - Deliver a verdict
• Be objective


  Put aside any prejudices or preconceived ideas and make a decision based on facts, not their own biases
• Listen to and remember evidence

  Jurors must take notes and concentrate throughout the trial
• Understand directions and sum up


  Listen to the judge's directions and sum up about the trial
• Deliver a verdict


  Juries must make a decision on the facts of the case. The verdict must be a unanimous verdict. If they are unable to agree, courts will accept a majority verdict
• Parties Responsibilities


  Accused:

  - Participate in the trial

  - Make Submissions about sentencing

  Prosecution:

  - Disclose information to the accused

  - Participate in the Trial

  - Make submissions about sentencing
• Prosecution: Disclose information to the accused


  The prosecution must provide all evidence that will be used against the accused
• Prosecution: Participate in the trial


  Opening addresses, presenting evidence to support their case, cross-examining witnesses and closing addresses
• Prosecution: Make submissions about sentencing


  Prosecution can inform the court about laws that apply and relevant information for sentencing
• Accused: Participate in the trial

  Present their opening address, present evidence that supports their case and makes a closing address
• Accused: Make submissions about sentencing


  The offender will try to obtain the least possible sentence
• Role of Solicitors


  - Provide legal advice, negotiation and prepare legal documents, and decide whether an appeal is necessary

  - Have expertise in advice and can represent in practical aspects l of legal cases
• Role of Barristers


  - Are specialists in the courtroom

  - Can present evidence, cross-evidence witnesses, deliver arguments effectively and have the skill of winning the argument in court

  - Defence lawyer to help accused under the case and processes
• Importance and need of legal practitioners


  Advice and ——— (notes)
• Cost of legal representation

  - representation- accused

  - advice - accused and victim
• Cost's effect of PoJs

  - ACCESS: Cost reduces access because people cannot receive advice or representation - increasing self-representation

  
  

  - If Access is reduced, in turn fairnesses and equality are also reduced
• COSTS - Availability of Legal Aid

  VLA provides free legal information to everyone and provides free legal advice/representation to accused who cannot afford a lawyer, if the accused passes the eligibility income test
• Types of Court Delays

  - Delay due to complex case

  - Delay due to backlog
• Delay due to complex case

  Impact prosecution and defence (Preparation of case) *unavoidable delays, thus reasonable delays
• TIME impacts PoJs (Complexity)

  - ACCESS - it increases the time of the process

  - effecting victims who could suffer secondary trauma from a slow outcome

  
  

  - In turn impacts the principle of fairness; by not unfolding the presumption of innocence (if held in remand)
• Delays due to backlog

  Resources not meeting demand

  - Approximately 14-16 months for a case to be ready for trial in the county court
• Impacts of PoJs (Backlog)

  ACCESS - it increases the time of the process

  - effecting victims who could suffer secondary trauma from a slow outcome

  - reducing timely solution

  
  

  - In turn impacts the principle of fairness; by not unfolding the presumption of innocence (if held in remand), no right to trial without unreasonable delays being upheld
• TIME - Use of Plea Negotiations


  Reduces delays by bypassing the court processes, going straight to a sentencing hearing
• Purposes of Sanctions


  - Rehabilitation

  - Punishment

  - Deterrence

  - Denunciation

  - Protection
• Rehabilitation


  Designed to reform an offender in order to prevent them fom committing offences in the future
• Punishment


  Designed to penalise the offender and show criminal behaviour is not tolerated
• Deterrence


  Discourage the offender and other in the community from committing similar offences
• Denunciation


  Designed to demonstrate the community's disapproval of the offender's actions
• Protection


  Designed to safeguard the community from an offender by preventing them from committing further offences;/
• Fine (What are they?)


  A sanction that requires the offender to pay an amount of money, order by the court, to the state of Victoria
• Specific purposes (Fines)


  - Punishment = Financial circumstances, amount (burden)

  
  

  - Denunciation = Harsher fines than the actions were

  
  

  - Specific Deterrence = Not wanting to get it again (burden), enforceable
• Community Correction Orders (What are they?)

  A non-custodial, supervised sentence served in the community

  
  

  Only if:

  - Offender is found guilty of

  - Punishable by more than 5 penalty units

  - Offender consents

  - Court has pre-sentence report