4.1 - 4.10 - The principles of justice in a criminal case

• What are the three Principles Of Justice?

  Fairness, Equality and Access
• The first principle of justice, fairness, Means that ‘all people can participate in the justice system, and its processes should be impartial and open’.
• Under the principle of fairness what are the three features that represent it?

  • Impartial processes
  • Open processes
  • Participation
• Impartial processes under the principle of fairness, defines when the personnel involved in the processes of a criminal court case need to remain impartial and unbiased.
• Apprehended bias occurs in which a fair-minded lay observer might reasonably believe that the person hearing or deciding a case might not be with impartial mind
• Open processes is an important feature of fairness as it allows the Victorian Courts to be of public scrutiny to ensure that justice is achieved.
• Open process is an important feature as projecting trials to the public allow for the community to ensure that the decision handed down from the court is fair and just.
• Participation is an important feature of fairness as it allows for the accused to properly prepare for trial.

  Key characteristics include:

  • Opportunity to know the case against them
  • Opportunity to prepare a defence
  • Opportunity to have access to a lawyer
  • Opportunity to examine witnesses
• Under the principle of Equality what are the two features?

  • Same treatment
  • Different treatment
• ‘Same treatment‘ is under the principle of equality, as it defines that all people are treated the same and given the same levels of support regardless of their personal characteristics.
• ‘Different treatment’ is under the principle of equality as it allows for for those who might be placed at a disadvantage should be given measures to be put in place.
• What are some of the examples of how measures are put in place to uphold the principle of Equality?

  • The right to interpreters
  • Changes to court processes
  • Different form of oath/affirmation
  • Breaks and adjournments
• What are the two key features of the principle of access?

  • Engagement
  • Informed basis
• To increase engagement under ‘the principle of access’, what support is put in place?

  • Physical access
  • Technological access
  • Financial access
  • Right to no delays
• To increase informed basis under ‘the principle of access’, what support is put in place?

  • Individual understands their legal rights
  • Education
  • Information
  • Legal representation