Adversarial System: The Criminal Justice System In Australia

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The criminal justice system in Australia is based on an adversarial system of law. It consists of two opposing sides, each presenting their case to an impartial judge or jury. In criminal law, the adversary system pits the prosecution against the accused, who will usually be represented by a solicitor or barrister who provides legal advice and presents the case in court. The judge, or jury in indictable offences, acts as an impartial observer who determines the accused’s guilt or innocence based on the evidence and arguments presented. The prosecutors, either police or public prosecutors represents the state or ‘Crown’ whose role is to prosecute the offender in a court of law and obtain an appropriate form of sanction or punishment for the offence. An alternative to the adversarial is the inquisitorial system. This is a system of law in which a judge or group of judges plays a role in investigating the case or calling for evidence or testimony that has not been …show more content…
An essential element in ensuring a fair trial is the ability of the defendant to access legal representation. Without this, the defendant is severely disadvantaged, due to a lack of knowledge of the law and a lack of understanding of the criminal trial process. The High Court recognised this in a 1992 decision Dietrich v The Queen, which for the first time established a limited right to legal representation in Australia, where Justices Mason CJ and McHugh J said “…by reason of the lack of representation of the accused, the resulting trial is not a fair one…for the reason that there has been a miscarriage of justice in that the defendant has been convicted without a fair trial.” However, the right to legal representation as a result of this case was only established for serious crimes, enshrined in Article 14(3)(d) of the

Define Law

apply if they are broken. Similarities between rules and customs: Both regulate daily life and behaviour. Rules are generally accepted by individuals and organisations in the same way that a wider group accepts a custom. Laws: Law is the system of rules which a particular country or community recognises as regulating the actions of its members and which it may be enforced by the imposition of penalties. There are a number of features that distinguish laws from rules and customs: Jurisdiction…

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Basic Legal Concepts

of ensuring an action achieves the greatest good for the greatest number of people. * It aims to redress inequalities. * It must minimise delays. * It must not be retrospective. * The law must be known. * Nature of Justice Equality: Justice requires laws that do not discriminate and that are applied equally to all people. The enforcement of law must also be equal. Fairness: Ensuring the law does not have a particularly harsh effect on an individual. The right to appeal a decision…

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Legal Studies Notes Essay

conduct of a person or the members of a profession; (2) a major branch of philosophy which investigates the nature of values and of right and wrong conduct. Justice- The legal principle of upholding generally accepted rights and enforcing responsibilities ensuring that equal outcomes are achieved for those involved. Legal System- The system of courts, prosecutors and police in a country. Equality-The state or quality of being equal that is, having the same rights or status. Fairness- Free…

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Australian and Chinese Government Essay

| China | Australia | Legislature | In the Chinese constitution it states that “The Republic of China, founded on the Three Principles of the People, shall be a democratic republic of the People, by the people, and for the people.” and the people exercise this authority through the main legislative body, the National People’s Congress (NPC). National People’s Congress (NPC) * The NPC is considered the highest state power * Holds annual meetings to approve the budget make amends to the…

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The British origins of common law Essay

The British origins of common law The common-law system first developed in England and is therefore often referred to as ‘English common law’. Upon colonisation by the British, Australia adopted a common-law legal system. Other countries using this system include Great Britain, Canada, New Zealand and the United States of America. Common law can be best described as a collection of legal principles and rules that is derived from the decisions of judges in higher courts. However, the term ‘common…

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The Nature Of Crime

or in the presence of another person without their consent 2. Offences Against the Sovereign: involves criminal acts against the government: Treason: an attempt or manifest intention to levy war against the state, or cause harm or death to the head of state. Sedition: promoting discontent, hatred or contempt against a leader or head of state through slanderous use of language; in Australia, sedition involves offences or urging forces or violence against…

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Legal studies exam revision Essay

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Essay about British Culture

relatively stable century. Two groups in parliament: - The Whigs (respect for Protestant values of hard work and thrift) - The Tories (respect for the idea of monarchy and Anglican Church) This may be described as the beginning of the party system in Britain. Increase of trade with African coast and in India was one factor which led to the Industrial Revolution. The nineteenth century Not long before this century began: Britain had lost its most important…

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