WorksheetsJustice & Rights
Total questions: 10
Worksheet time: 20mins
Outline one difference between summary offences and indictable offences.
While summary offences are heard in the Magistrates’ Court, indictable offences are heard by way of a trial in the County and Supreme Courts.
Summary offences are heard before a judge whereas indictable offences can be heard before a judge or a magistrate.
Summary offences do not involve matters relating to violence whereas most indictable offences involve serious physical harm.
While summary offences are heard in either the Magistrates’ Court or the County Courts, indictable offences are heard only by way of a trial in the Supreme Court.
One of the best ways in which fairness is served in the criminal justice system is through:
allowing a party to a criminal case to appoint a legal representative.
having an avenue of appeal in cases to the superior courts.
respecting cultural differences through specialist courts such as the Koori Court.
allowing accused to present their case and known the evidence being presented against them.
The right of witnesses to special protection under the law when giving evidence is a key feature of the criminal justice system. Which of the following statements best describes a ‘vulnerable witness’?
A witness who seeks protection on the grounds of not wanting to be extradited to an overseas country.
A witness who is considered to be impressionable or at risk; for example, a child or a person with a cognitive impairment.
A witness who would prefer to give evidence in private on the grounds of being timid.
A witness who has a connection to the accused, though either a relationship or friendship.
Daniela said to her friend Ellie, ‘The standard of proof is an essential feature of the criminal justice system. “On the balance of probabilities” is a high standard that the plaintiff must satisfy.’
Ellie disagreed.
Is this statement by Daniela correct or incorrect?
It is incorrect because the standard of proof in a criminal case is beyond reasonable doubt and the prosecution must satisfy that standard of proof.
Daniela is incorrect but only because it is the prosecution that must satisfy the standard of proof.
Daniela is incorrect but only because the standard of proof in a criminal case is beyond reasonable doubt.
Daniela has made a correct statement.
Parties have opportunity to examine witnesses through examination in chief, cross examination and re-examination. With this process available to both parties, fairness and equality are upheld.
This statement best describes the protections afforded by:
The right to be informed about proceedings
The right to be tried without unreasonable delay
The right to a fair hearing
The right to a trial by jury
Which of the following refers to the responsibility of a party to prove the facts of a case?
Standard of proof
Presumption of innocence
Burden of proof
Beyond reasonable doubt
Which characteristic is not associated with Fairness in the criminal justice system processes?
Legal processes are understood
Appropriate treatment of differences
Evidence against the accused is known
Judge and jury are acting responsibly
In which case would the burden of proof not be reversed?
Suspicion of vandalism
Possession of illicit substances
Use of self defense
Possession of a knife
Which of the following does not demonstrate how the presumption of innocence may be upheld in a criminal case?
The presumption of innocence is upheld through the high standard of proof required in a criminal case – that of beyond reasonable doubt.
It is upheld through the system of bail, which will allow a person to receive bail while they wait for their hearing unless there are good reasons why they should be held in custody.
The presumption of innocence is upheld through the balance of probabilities being required in a criminal case – that of beyond reasonable doubt.
It is upheld through placing the burden of proof on the prosecution (those accusing a person of committing a crime).
Which of the following is not a method of upholding the presumption of innocence?
Remand
Bail
The right to silence
Burden and standard of proof
