Criminal court system
Outline the criminal court hierarchy
Magistrates' Court → County Court → Supreme Court – Trial Division → Supreme Court – Court of Appeal → High Court of Australia
Name the three major factors discussed in U3AOS1B that can affect the achievement of justice during criminal cases.
Time
Costs
Cultural differences
What are plea negotiations?
pre-trial discussions between the prosecution and defence aim to reach an agreement to resolve a criminal case without a trial.
Government-funded agency provides free legal information, duty lawyer services, and legal representation to eligible Victorians
What is the judges role in a criminal trial
Oversee trial, decide on admissible evidence, instruct jury.
Identify two reasons for organising Victorian criminal courts in a hierarchy
Specialisation - appeals
Give two ways a lengthy delay can negatively affect a criminal case.
witnesses' memories may fade
legal costs may increase
accused and victims may experience stress
justice may be delayed
other cases may be delayed.
Name one common outcome of a successful plea negotiation regarding charges
prosecution dropping some charges or reducing a charge to a less serious offence
What are Community Legal Centres?
independent, non-profit community organisations provide free legal advice and community education targeting local or specific disadvantaged group
Outline the key responsibilities of the jury in a Victorian criminal trial.
Listen to the evidence, follow the judge's legal directions, and determine a verdict of guilty or not guilty?
Explain how specialisation operates in the criminal court hierarchy and give an example of the type of offence or matter a higher court may specialise in
Different courts develop expertise in particular types of criminal matters. For example, the Supreme Court – Trial Division deals with very serious indictable offences such as murder.
An accused cannot understand English-language court proceedings. What can be done to improve the PoJ equality?
Use an interpreter. Reduces likelihood of disadvantage because they don't understand processes or information. Substantive equality.
State one requirement for plea negotiations to occur fairly
they must be entered into voluntarily, and there must be sufficient evidence to support the charges
Name two strengths of VLA
- Any strength - Free info online, ensures fairness, accessibility, provides duty lawyers etc
Compare the role of barristers with solicitors
Barristers - present evidence, examine witnesses, and argue legal points in court on behalf of their clients
Solicitors - prepare documents outside of court, research about the case, provide advice to the client.
A person is convicted of armed robbery in a jury trial and believes incorrect directions were given to the jury.
Identify the purpose of an appeal and explain why a successful appeal is not guaranteed.
An appeal allows a higher court to review a lower court decision or legal error. However, even where grounds for appeal exist and leave to appeal is granted, the higher court may determine that the alleged error did not affect the verdict or amount to a miscarriage of justice.
Lanciana v The King [2023] VSCA 78
Explain how legal costs can affect both access and equality in a criminal case.
High costs may prevent a person from obtaining legal assistance, reducing access. They may also create inequality because wealthier accused people may be better able to afford extensive legal representation.
State one strength and one limitation of plea negotiations
a strength is saving court time and public costs, while a limitation is that victims may feel justice was not served if charges are reduced
State one limitation of Community Legal Centres in providing access to justice
limited funding and resources, meaning they often turn away eligible individuals or cannot offer full court representation?
Discuss the role of legal representation in achieving equality in a criminal trial.
Legal representation balances the unequal power dynamic between the state prosecutor and the individual accused, though unequal access to top representation can create disparity
Name the five courts in the hierarchy from least to most superior and,
Identify and describe the original and appellate jurisdiction of each court.
Magistrate's court - Summary offences/Indictable heard summarily (No appellate jurisdiction)
Country court - Rape, armed robbery, serious drug offences
Appeals from Magi against the conviction or sanction imposed.
Supreme court - Murder/manslaughter/terrorism - Appeals from Magi court on questions of law
Supreme Court appeals div - Appeals from County/Supreme on all types of appeals.
Describe three costs and time impacts
Court backlogs - Appeals - Trial procedures
Solicitors fees - Appeal fees - Witness fees.
Discuss whether plea negotiations promote or hinder the administration of justice
they promote efficiency and certainty of outcome, but may hinder transparency as negotiations occur behind closed doors without public scrutiny
Compare the requirements to qualify for VLA duty lawyer services with the requirements for grants of legal assistance
duty lawyer services use the broader income test, whereas ongoing legal representation grants require passing the stricter means test
Identify and explain 4 different reasons for the need of legal practitioners
Uphold rule of law - allows law to be communicated to accused in a more clear and informed manner
Ensure accused understands legal proceedings - committal proceedings, directions hearing, pleas, manner of presenting evidence
Prevent accused from personally questioning witnesses - not familiar with rules of examination, truamatic for victim
Provide objectivity - not emotionally involved in case
Provide emotional support - can provide comfort to the accused during high stress and intense police questioning and court proceedings
Help accused receive fairer outcome - protects against wrongful conviction, can argue using mitigating factors, can help navigate appeals process