Key concepts in the Victorian Criminal Justice System Key Knowledge 2: Key Concepts in the Victorian criminal justice system including: The distinction between summary offences and indictable offences The burden of proof The standard of proof The presumption of innocence.

Summary Offences: Minor offence e.g.??

Summary Offences: Minor offence e.g.?? Summary Offences Act 1966 (Vic.) (many are listed in various other Victorian statutes and regulations. Generally heard in the Magistrates’ Court. Considered to be less serious types of crime. Examples: Drink Driving Speeding Minor assaults There is no right to trial by jury for summary offences

Indictable Offence: A Serious offence e.g.???

Indictable Offence: A Serious offence e.g.??? Crimes Act 1958 (Vic) Heard by Judge (and a jury if the accused pleads not guilty) in the County Court or Supreme Court of Victoria. Examples: Homicide offences (murder, manslaughter, infanticide) Drug trafficking Kidnapping Arson

Number of cases finalised 2014-2015 Court Number of Criminal Cases Finalised in 2014-2015 Magistrates’ Court 275 552 County Court 2236 Supreme Court 86 Total 277 874

Indictable offences heard summarily Some indictable offences are known as indictable offences heard and determined summarily. These are indictable (serious) offences, but they can be heard in the Magistrates’ Court as if they were summary (minor) offences (but only if the accused agrees). A number of indictable offences can be heard and determined summarily. E.g. the Criminal Procedure Act 2009 (Vic) states that indictable offences punishable by imprisonment of 10 years or less, can be heard summarily.

Indictable offences heard summarily Why would a defendant choose to have an offence heard summarily? ______________________ _____________________________________ Quicker Max penalty for imprisonment in Magistrates’ Court is 2 years.

Criminal Spectrum

The main differences between summary offences and indictable offences Complete the table outlining the differences between summary offences and indictable offences.

Burden of Proof The burden of proof refers to the party that has the responsibility to prove the facts of the case. Burden falls on the Prosecutor to prove accused is guilty. A person cannot be found guilty of a crime until there is sufficient evidence to prove that the person committed the crime. There are some cases where the burden of proof can be reversed (if the accused is pleading a defence such as self-defence)

Standard of Proof The standard of proof refers to the strength of evidence needed to prove the case. Standard of proof = Beyond Reasonable doubt. This means that there is no other logical or reasonable conclusion can be reached (based on the facts) except that the defendant is guilty. It does not mean: that no doubt at all exists as to the accused’s guilt. It only means that no reasonable doubt is possible from the evidence presented. Criminal cases for indictable offences in the County/Supreme Court = the Jury will decide on guilt. Criminal cases for summary offences in the Magistrates’ Court = Magistrate will decide on guilt. If the B.O.P is on the accused (relying on a certain defence) the standard of proof is on balance of probabilities. Balance of probabilities = Will side of the story is more likely to have occurred (more likely to be true 51% to 49%)

Presumption of innocence A person is presumed to be innocent until he or she has gone to court and have been found guilty. Key principle of the rule of law. Guaranteed by the Charter of Human Rights and Responsibilities Act 2006 (Vic).

Presumption of innocence How is it achieved?? Its maintained by imposing a high standard on the prosecution to prove its case (beyond reasonable doubt), and also imposing the burden of proof on the prosecution. Bail – The rule of law requires there to be a balance between the presumption of innocence and the protection of society. Unless there are good reasons why a person should be deprived of their liberty (held in custody), they are entitled to receive bail while they wait for their hearing in court.

Bail The release of a person who has been charged with an offence while they wait for their court hearing. The accused person must undertake to attend court on the hearing date.

Bail laws have recently come under scrutiny: Victoria Bail Law set to change after Bourke Street Mall attack: Please note: Video on original PowerPoint in Google Drive

A man allegedly drove through a crowd just days after being bailed on an assault charge. The accused was bailed against the wishes of Victoria Police 5 days before the attack occurred. Victorian Premier Daniel Andrews admitted he was frustrated with the bail system: ‘It’s my job, though, to take that frustration and that anger and the deep sadness that I feel and that every Victorian feels, and to make sure that’s put into reform and change.’