VCE Legal Studies

CRIMINAL PROCEDURE

followed in the

County and Supreme Court

The Scenario• Exiting the Salt nightclub, an altercation occurred between

Kim and Bec over a taxi.

• Kim grabbed Bec as she attempted to climb into the taxi and ripped her violently from the cab.

• Bec responded by aggressively punching Kim in the stomach

• Kim pulled a flick-blade knife from her bag and stabbed Bec in the stomach

• Bec died several hours later as a direct result of the stab wound.

• Kim has been charged with murder.

What will

happen to Kim?

Has Kim committed a summary or an

indictable offence?

Elements of an Effective Legal System

air and Unbiased Hearing

ccess to Mechanisms of Dispute Resolution

ecognition of Prevailing Values and Basic HR

imely Resolution of Disputes

F

A

R

T

Pre-Trial Procedures

• Pre-trial procedures are those steps that occur once a suspect has been identified.

• These procedures are the same regardless of which court the accused person will be tried in.

Arrest

Crime Committed (Indictable Offence)

Police Investigation

Rights of individuals

Exonerated – no further action

Released pending summons

Charged and released on bail

Charged and held on remand

Given a caution notice

MAGISTRATES’ COURT

with a warrant

Police Powers

without a warrant

S P E C I A L M E N T I O N H E A R I N G

Contested Committal Proceeding

Accused to be committed for trial

Prima Facie case established

No Prima Facie case established

Plea of Not Guilty

Evidence collected in a deposition

Defendant Discharged

Plea of Guilty

Plea brief

Hand-up Brief

Committal Mention Hearing

?

Post Committal Conference

IN THE MAGISTRATES’ COURT

DPP

Presentment

Summary of Prosecution OpeningNotice of Pre-Trial Admissions

Defence Response

First Directions Hearing

Subsequent Directions Hearings

TRIAL

Nolle Prosequi(no plan to proceed)

Case Conference

Elements of an Effective Legal System

air and Unbiased Hearing

ccess to Mechanisms of Dispute Resolution

ecognition of Prevailing Values and Basic HR

imely Resolution of Disputes

F

A

R

T

How are these achieved through pre-trial procedures?

Trial Procedures

• A case brought before the County Court or Supreme Court is known as a trial

• A trial is an examination and determination of legal case in a court

• Trial procedures are those steps involved in the conduct of a legal case in a court.