Vce Legal Studies Criminal Procedure 2009 Case Study
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Transcript of Vce Legal Studies Criminal Procedure 2009 Case Study
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.