Criminal Law
a serious offence tried in the County or Supreme court
What is an indictable offence?
Identify the types of remedies used in Victorian courts
Damages: Compensatory: special, general, aggravated
Nominal
Contemptuous
Exemplary
The three principles of justice
Fairness, equality and access
Characteristics of an effective law
reflect society's values
enforceable
Known
stable
understood
examples (x2) of alternative sentencing
Drug Court
Koori Court
Diversion programmes
The standard of proof required for a conviction in a criminal trial
Beyond reasonable doubt
A range of dispute resolution methods
mediation
conciliation
arbitration
This principle covers same treatment and different treatment
Equality
Laws made by parliament (x4)
Statute law, Act, Legislation, Law
Role of the jury
sit, listen, decide
The Act that contains the details of indictable offences
What is the Crimes Act 1958
Civil court jurisdiction
Magistrates' Court: up to $100,00
County Court: unlimited
Supreme Court: unlimited
This principle of includes impartial processes, open processes and participation
Fairness
Laws made by court (x4)
Common law
Statutory Interpretation
Precedent
judge made law
Rights under arrest (x3)
right to silence
right to apply for bail
right to know the charges
The rights of the accused person in Victoria
the right to be tried without unreasonable delay
the right to silence
the right to trial by jury
Identify the bodies and to resolve civil disputes
Ombudsman, VCAT and other tribunals, complaints bodies
Examples of measures to avoid disadvantage in the criminal justice system
use of interpreters
providing information in multiple ways
changes to some court procedures
different oath or affirmation
Sanctions; types and purposes
Punish, prevent, deter, denounce, rehabilitate
Imprisonment
Fine
Community Correction Order
Difficulties faced by young people in criminal law
limited understanding of the criminal justice system
limited services available to them
psychological difficulties
What are the three forms of hearings held in the magistrates' court
Summary hearing
Indictable offence heard summarily
Committal hearing into an indictable offence
What are two examples of tort law
Defamation
Negligence
Trespass
Nuisance
the ability to engage with the justice system in an informed way
Access
early guilty plea
first offence
remorse
nature of the offence
Difficulties faced by young people in the civil justice system
limited understanding of their rights
limited resources to initiate a civil matter