3.1.02 Key concepts in the Victorian criminal justice system

The burden of proof in a criminal trial is:

• held by the prosecution.
• on the balance of probabilities.
• held by the accused.
• beyond reasonable doubt.

The standard of proof in a criminal trial is:

• beyond reasonable doubt.
• held by the prosecution.
• held by the plaintiff.
• on the balance of probabilities.

Which of the following words is not associated with summary offences?

• Magistrates’ Court
• Hearing
• Jury
• Drink driving

Flynn has been charged with stealing a kite. The police prosecutor has liaised with Flynn about his hearing date. Which court will hear Flynn’s case, and why?

• The Magistrates’ Court, because Flynn has been charged with a summary offence.
• The Supreme Court, because Flynn has been charged with an indictable offence.
• The County Court, because Flynn has been charged with a summary offence and a prosecutor is involved.
• The Magistrates’ Court first to determine whether the matter should proceed to trial, and then the Supreme Court.

Which of the following features of the criminal justice system seeks to uphold the presumption of innocence?

• The accused does not need to give evidence in court.
• The prosecutor has the burden of proving the case against the accused.
• All options are correct.