PRINCIPLES OF JUSTICE
Name the three principles of justice.
Fairness, equality and access.
State the three rights of an accused in a criminal trial.
the right to be tried without unreasonable delay, the right to silence, and the right to trial by jury
What are the two main purposes of the court hierarchy?
Appeals and specialisation.
What standard of proof applies in a criminal trial?
Beyond reasonable doubt.
What is a Community Legal Centre?
An independent, not for profit organisation that provides free legal advice and assistance to disadvantaged members of the community.
Define fairness in the context of the criminal trial.
Fair and unbiased hearing, impartial decision maker, right to present a case and respond to the other side.
Identify the legislation that protects the right to a fair hearing in Victoria.
Charter of Human Rights and Responsibilities Act 2006 Vic.
Explain the role of the judge in relation to the jury.
The judge directs the jury on the law and summarises the evidence, but the jury determines guilt.
Which Act outlines rules of evidence in Victoria?
Evidence Act 2008 Vic.
State the four services provided by Victoria Legal Aid.
Information, legal advice, duty lawyer services or grants.
Explain one way time can impact the achievement of the principles of justice
Delays can reduce access and fairness because evidence may weaken, stress increases and justice may be delayed.
What are the three rights of a victim?
the right to give evidence using alternative arrangements, the right to be informed about the proceedings, and the right to be informed of the likely release date of the offender
Name and explain the five purposes of sentencing under the Sentencing Act 1991 (Vic).
Punishment – to punish the offender in a manner that is just in all the circumstances.
Deterrence – to discourage the offender (specific deterrence) and others in the community (general deterrence) from committing similar offences.
Rehabilitation – to reform the offender so they are less likely to reoffend.
Denunciation – to publicly condemn or disapprove of the offender’s conduct.
Protection – to protect the community from the offender.
Name the four roles of the jury in a criminal trial?
Be objective, Listen and remember evidence, Understand directions and summing up, Determine the verdict.
Explain two factors that Victoria Legal Aid considers when determining eligibility for legal assistance.
Victoria Legal Aid considers the applicant’s financial situation using a means test, the merit of the case, and whether the matter falls within its funding guidelines. Limited resources mean not all applicants will qualify.
Explain how costs can impact equality before the law.
High legal costs may disadvantage accused persons who cannot afford strong legal representation, limiting equality.
Explain how the right to silence protects the rights of the accused.
The right to silence allows the accused not to incriminate themselves, supporting fairness and the presumption of innocence as the prosecution must prove guilt beyond reasonable doubt.
What is the purpose of a plea hearing in an indictable criminal case?
A plea hearing occurs when the accused pleads guilty and the judge determines the appropriate sentence after considering submissions from both parties and any victim impact statement.
Explain the role of a legal representative during a criminal trial.
A legal representative presents the case on behalf of their client by examining and cross examining witnesses, making legal submissions, advising the accused, and ensuring rules of evidence and procedure are followed to promote a fair trial.
Explain how Victoria Legal Aid and Community Legal Centres improve access to justice.
They provide free or low cost legal advice and representation, reducing financial barriers and improving equality and access for disadvantaged individuals.
Evaluate whether cultural differences impact the achievement of the principles of justice.
Cultural differences may affect understanding of legal processes and communication, limiting fairness and equality. However, interpreters and support services help reduce this impact. Overall, they can hinder but the system attempts to minimise disadvantages.
Explain one limitation to the right to trial by jury.
Under section 80 of the Commonwealth Constitution, jury trial only applies to Commonwealth indictable offences and Parliament can determine what is indictable. In Victoria, summary offences and some indictable offences heard summarily do not require a jury.
Explain one benefit of appeals in achieving the principles of justice, fairness.
Appeals promote fairness by allowing review of legal errors, helping ensure correct application of the law and consistent outcomes.
Identify 3 mitigating and 3 aggravating factors considered in sentencing.
Mitigating: Early guilty plea, Remorse, Age or personal circumstances
Aggravating: Use of violence or weapon, Prior criminal record, Vulnerability of the victim
Evaluate the effectiveness of Victoria Legal Aid in achieving the principles of justice.
VLA promotes access and equality by assisting those who cannot afford legal representation. However, strict eligibility criteria and limited funding may restrict who receives assistance, limiting full achievement of the principles of justice.