CRIMINAL JUSTICE SYSTEMLegal Studies 3C

WHAT IS THE CRIMINAL JUSTICE SYSTEM? The criminal justice system is a system of laws and rulings which protect community members and their property. It determines which events causing injury or offence to community members, are criminal. Criminal offenders may be punished through the law by fines, imprisonment and/or community service.

  Each state and territory has its own criminal justice system. As a consequence, laws, penalties and corrections for offenders, and arrangements for administering justice differ across State/Territory boundaries.

Basic rights underpin the principles of the criminal justice system in Australia. These include:

•a person is innocent until proven guilty

•a person has the right to remain silent

•a person has the right to a fair trial

•a person can only be found guilty if it is proved beyond reasonable doubt.

3 STAGES TO THE CRIMINAL JUSTICE SYSTEM Investigative component (State police, federal police, National Crime Authority)

Adjudicative component (courts)

Correctional component (prisons and other correctional systems)

INVESTIGATIVE COMPONENT State Police Officers – the principal duties of police are the prevention and detection of crime, the protection of life and property, and the enforcement of law to maintain peace and good order.

The Australian Federal Police (AFP) was formed to investigate offences against federal law, both in Australia and overseas.

The National Crime Authority’s purpose is to counteract organised crime activity and reduce its impact on the community.

ADJUDICATIVE COMPONENT Court system – Tasmania (Magistrates Court, Supreme Court,

Court of Criminal Appeal, High Court – plus appeal courts) Legal representation – Barristers are lawyers who can represent

others in any court. Solicitors are lawyers who can advise clients and instruct barristers but cannot represent clients except in some lower courts.

Juries – 12 people with no legal training and no previous connection to the case who decide on guilt or innocence of the accused.

Judges and magistrates control and arbitrate the functions of the court. They make the crucial decisions concerning the evidence that can be admitted and in what form.

CORRECTIONAL COMPONENT Corrective services – fines, good behaviour bonds, community

service order, rehabilitation program, probation, prison, home detention, suspended sentences.

Prisons – Tasmania (Ashley Detention Centre for juvenile offenders, Risdon Prison for adult offenders).