The Principles of Justice
The Victorian criminal justice system is built on three core principles that ensure just outcomes. Click on each principle to explore its meaning, practical application, and the challenges it faces.
Fairness
Ensuring impartial processes and a fair hearing for all.
Equality
All people are treated as equal before the law, without advantage or disadvantage.
Access
People can understand their rights and use the justice system.
Rights of Participants
The law provides specific rights to ensure the accused and victims are treated justly. These rights often need to be balanced against each other and the interests of the community.
Rights of the Accused
- Right to be tried without unreasonable delay: Prevents prolonged stress and ensures evidence remains reliable, upholding fairness.
- Right to a fair hearing: Guarantees an independent, impartial, and public trial – the essence of procedural fairness.
- Right to trial by jury: For indictable offences, ensures judgment by peers, a safeguard against state power.
Rights of Victims
- Right to give evidence as a vulnerable witness: Allows protective measures (like CCTV) to promote equality and effective testimony.
- Right to be informed about proceedings: Provides access to key information, recognizing victims as key participants.
- Right to be informed of the offender’s release date: Enhances victim safety and provides access to crucial information.
The Victorian Court Hierarchy
Courts are ranked by seniority to allow for specialisation in case types and a system of appeals, where decisions from lower courts can be reviewed by higher courts. Click a court level to see its criminal jurisdiction.
Select a Court
Click on a court from the diagram to learn about its powers to hear criminal cases.
Pre-Trial Procedures
To promote efficiency and fairness, the justice system uses several procedures to filter and resolve cases before a full trial. Toggle the switch to see how these mechanisms work.
Committal Proceedings
A pre-trial hearing in the Magistrates’ Court for indictable offences. Its main purpose is to determine if there is enough evidence (a *prima facie* case) to support a conviction at trial. This filters out weak cases, saving time and money, and discloses the prosecution’s evidence to the accused, which is vital for a fair trial.
Plea Negotiations
Discussions between the prosecution and defence to resolve a case by the accused pleading guilty to fewer or lesser charges. This provides efficiency and certainty, but can be seen as compromising justice if the outcome is too lenient or an innocent person feels pressured to plead guilty.
Sentence Indications
A judge or magistrate indicates the likely sentence an accused would receive for a guilty plea. This encourages early pleas by providing clarity, saving costs and sparing victims from a trial, but must be managed carefully to not compromise judicial impartiality.
The Criminal Trial: Key Personnel
A trial is an adversarial contest overseen by several participants, each with a specific role to play in ensuring a just process. Click on each player to learn about their responsibilities.
The Judge
The impartial umpire, responsible for procedure, law, and sentencing.
The Jury
The decider of facts, delivering the verdict of guilty or not guilty.
The Parties
The prosecution (proves guilt) and the accused (presents a defence).
Legal Practitioners
The expert barristers and solicitors who represent each party.
Select a Player
Sentencing & Sanctions
A court imposes sanctions to achieve multiple purposes, from punishment to rehabilitation. Select a sanction to see a visual analysis of how effectively it achieves each of the five key sentencing aims.
Analysis
Challenges & Law Reform
The justice system faces ongoing challenges related to cost, time, and culture. This leads to a continuous cycle of review and reform to better achieve the principles of justice. Explore the accordions below.
