Victorian Criminal Justice System: Functions, Principles, Challenges

This report provides a comprehensive overview of the Victorian criminal justice system, detailing its purpose, functions, and key principles. It explores the roles of various components, including the police, courts, prisons, and correctional facilities. The report also examines the investigative components of the system, such as identification, reporting, arrest, and charging of offenders. Furthermore, it outlines the jurisdiction of different courts, including the Magistrates Court, County Court, Supreme Court, and High Court, in handling criminal matters. The report highlights major challenges facing the Victorian criminal justice system, such as dealing with youth offenders and sex offenders, and describes the role and function of Corrections Victoria in managing offenders and ensuring public safety. The analysis concludes that the Victorian legislation effectively manages criminal issues through parliamentary verdicts, police investigations, court trials, and correctional facilities, emphasizing the importance of juvenile justice and adherence to legal rules for managing juveniles.

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Table of Contents
INTRODUCTION...........................................................................................................................3
TASK...............................................................................................................................................3The purpose and functions of the Victorian criminal justice system.....................................3Key principle of Criminal justice in Victoria.........................................................................3The investigative components of criminal justice in Victoria................................................4The jurisdiction courts in criminal matters.............................................................................5Major challenges facing the Victorian criminal justice system in dealing with discussed issues
................................................................................................................................................5Describe the role and function of Corrections Victoria..........................................................6
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Law in Australia comprise of federal system in which all the governing laws and their
management according to the Australian states and territories are managed. Their laws are being
divided according to different areas and their working so the people in Victoria follow both the
Victorian and Federal laws. The Victorian legal system comprise to all the laws that are majorly
being managed by Victoria these are originated from various sources like constitution of
Australia, federal legal system, common law etc (Loughnan, 2017). This report will cover the
criminal justice system of Victoria a;long with the key principles related to crime. It will also
promotes the investigation and jurisdiction which are being in relation to criminal matters.
TASK
The purpose and functions of the Victorian criminal justice system
Victorian Criminal Justice system is law system which promotes the laws and the ruling
through which a community can be protected and it is being made in order to maintain all the
rights in relation to property and to remove crime from the society. This is established for the
people of Victoria and for all the crimes which were being deviated in that extent. Some of the
major activities which are being seen to be done by them are like:

Police as they try to manage all the individuals under their supervision so as to remove
the crime from that place.

Courts over their helps in interpret law and solve the dispute by analysation the right and
wrong in the society and also impose penalties over there. They manage all the civil and
the crime assistance tribunals. Prisons which are mainly for reforming all the culprits and
giving them punishment for the wrong act.

Correctional facilities are governed in VCJS as they helps to look up on all the activities
of the individuals and their working.

Juvenile institutions in which all the cases related to youth are decided (Nielssen and et.
al., 2019)
Key principle of Criminal justice in Victoria
 Burden of proof- In all the VJS the onus to prove the accuse guilty for a particular
offence lies on the Prosecution. As they will have to provide all the major evidence for it.

Mainly every person is innocent in the eyes of law until their crime is being proved so the
burden lies on the prosecution for all such matters. Elements of crime- This involves both the mens rea where the guilty mind is being taken
in record as for all the criminal offence and other one is actus rea where all the guilty act
are considered and managed in order to punish any person. Right against self-incrimination- It involve that in all the criminal proceedings all the
defendants are not being allowed to give any kind of evidence for their own trial. The
judge in the court will there by issue mandatory directions in which witness are not being
allowed to give any evidence in the court. Rule of natural justice- As in Victorian legal system this is applied that no impartial
decision making or any kind of discrimination is allowed in legal matters the court will
have to be fair while providing judgements. It is important to manage equality for all the
individuals and there is being seen that it implies that no unfair treatment is managed Access to justice- This ensure that all the laws and the justice should ensure to be free
and appropriate while giving any advice. It includes all the courts tribunals and formal
process of justice. Where there is been seen that all the formation of rules and principles
are led out in meaning of time (Mansfield and Cooper, 2017). Right to legal representation- In Victorian justice all the accuse or the person is being
represented by the lawyers they are not allow to represent themselves. Their should
always be a lawyer to manage all the rights and the addressing of the parties and also to
reflect the work. Their is also implied that the nature and the work through which legal
representation can be made by a lawyer. Presumption of innocence- Every person will be presumed to be innocent in Victorian
law unless their guilt is being proved under law.
The investigative components of criminal justice in Victoria
 Identification, reporting, and investigation of offences- Once the crime is being convicted
then the individual who was been affected or any other person in the society can report it
in Victoria then it will go for the further investigation by the local police. There the
police will collect all the evidence for the case in court by investigating and managing all
the records.

 Arrest and charging of offenders- The power to arrest in Victoria is according to the
Crimes Act 1958. here the arrest is being made by different individuals. All the arrest can
be made with warrant where section 12 of criminal procedure act 2009 is applied and
arrest without warrant promotes crime act to impose section 458 and 459.
The jurisdiction courts in criminal matters
 Magistrates Court- These are managed by Chief magistrate where all the criminal, civil
and family matters are managed. They manage committal hearings and also determines
single judicial officer. County Court- They are headed by Chief judge and is in the middle level in hierarchy
between magistrate court and supreme court. It hear all the criminal and civil ,matters
with raised appeals. It is located in Melbourne considering 12 locations across Victoria. Supreme Court- This is the highest court headed by chief justice of Victoria established
in 1852. it manages trail divisions and court of appeal. The final appeal from all the
subordinate courts are made in it and the decision raised by them is final. High Court- This is managed through special federal system and also cover all the
appeals, criminal and civil matters.
Major challenges facing the Victorian criminal justice system in dealing with discussed issues
 Youth in the criminal justice system- In Victoria the young children and people are
managed under youth justice Victoria courts. It involves all the reduction of offences
related to children and to manage and improve the safe environment. They focus on
managing different intervention units and also the facility to manage the community
safety and specialisation in their designed work. It is mainly being made in order to make
all the children who are indulged in criminal activities a rehab environment through
which positivity can be generated in their mind (Naleemudeen and Mackay, 2021). Sex-offenders- The Sex offender Registration Act 2004 is being made in order to remove
the recidivism and also to help in future for proper investigation. Under this act all the
offenders above the age of 18 years are covered and the punishment will be according to
the rigorous offence and the investigation that can be life imprisonment and all other
major punishments.

Describe the role and function of Corrections Victoria
The corrections Victoria is generally a business unit which promotes all the department
of justice through which all regulations and the justice is being managed. It is made for all the
individuals who are being convicted for any offence. The major
role of correctional system is to
ensure that sentence of the offender is carried and to analyse the time of jail, prison and all the
community service. Their major correction goals are like incapacitation, deterrence, retribution
and rehabilitation (Eriksson and et. al., 2019).
The function of Correction in Victoria legal system is mainly to manage all the intensive
areas and the correction services which are implied for all the supervision and their working
conditions and the orders for the management is created. The main focus is to manage the public
and professional aspects through which the crime can be removed and all the non- parole
sanctions and their adjudications are concerned.
CONCLUSION
It is concluded from the above report that Victorian legislation promotes all the
parliamentary areas and verdict through which the criminal issues with all the individuals are
managed. The police use to investigate all the matters and make the trials to be managed by the
courts and there is being implied that all the correctional facility are been given through which
the reform and their working is managed. The county court, magistrate court and the supreme
court are important areas for the jurisdiction through which all the assigning of trials of
conviction is carried out. The youth court manages all the juvenile justice through which the
management and their functions are reflected and it also abides the rules through which all the
juveniles can be managed. Further more corrections are considered to be the departments that
promotes justice in all the areas.

REFERENCES
Books and Journals
Eriksson, A., and et. al., 2019. ‘Short fuse and no filter’: Acquired brain injury–How a medical
disability transforms into a social and criminal justice concern.
International journal of
law, crime and justice. 57. pp.126-136.
Loughnan, A., 2017. ‘The Very Foundations of Any System of Criminal Justice’: Criminal
Responsibility in the Australian Model Criminal Code.
International Journal for Crime,
Justice and Social Democracy. 6(3). p.8.
Mansfield, M. and Cooper, V., 2017. The failure to protect women in the criminal justice system.
Naleemudeen, M.A. and Mackay, A., 2021. Locking up the locked up: solitary confinement of
children and young people in Victoria.
Australian Journal of Human Rights, pp.1-19.
Nielssen, O., and et. al., 2019. Outcome of serious violent offenders with psychotic illness and
cognitive disorder dealt with by the New South Wales criminal justice
system.
Australian & New Zealand Journal of Psychiatry. 53(5). pp.441-446.