Introduction to the Criminal Justice System (VCE SSCE Legal Studies): Revision Notes
Introduction to the Criminal Justice System
What is the criminal justice system?
The criminal justice system is a set of processes and institutions used to enforce criminal laws and determine criminal cases. It brings together three key institutions: the police, courts and prisons. These work together to investigate crimes, determine guilt, and manage offenders.
The criminal justice system integrates three distinct institutions - police (investigation), courts (determination), and prisons (corrections) - each playing a crucial role in the enforcement of criminal law.
The criminal justice system serves two fundamental purposes:
- Deciding guilt – determining whether an accused (a person charged with a criminal offence) is guilty of committing an offence
- Imposing sanctions – applying appropriate penalties when an accused has been found guilty or pleaded guilty to an offence
A sanction is a penalty imposed by a court on a person guilty of a criminal offence. Sanctions range from fines to community correction orders to imprisonment (removing the offender from society for a set period and placing them in prison). Once found guilty, the accused becomes an offender – a person who has been found guilty of a criminal offence by a court.
The three stages of a criminal case
Every criminal case progresses through three distinct stages, each involving different processes and institutions:
Investigation stage
This initial stage involves police investigating an offence and formally charging the accused. Police gather evidence, interview witnesses, and build a case to determine whether criminal charges should be laid.
Determination stage
During this stage, courts decide whether the accused is guilty and, if so, what sanction should be imposed. This is the trial phase where evidence is presented, legal arguments are made, and verdicts are reached. Most of Unit 3 Area of Study 1 focuses on this stage.
Corrections stage
The final stage involves overseeing any sanction imposed. This includes managing imprisonment (if the offender is sent to prison) and post-sentencing procedures such as parole monitoring or community correction supervision.
These three stages represent the complete journey of a criminal case: from initial investigation by police, through determination of guilt by courts, to corrections where sanctions are administered. Each stage involves different institutions and processes, forming an interconnected system.
Australia's criminal justice system
Why there is no single unified system
Australia does not have one national criminal justice system. Instead, each state and territory operates its own separate system. This structure exists because of how power is distributed under the Australian Constitution (the set of rules and principles that guide how Australia is governed, set out in the Commonwealth of Australia Constitution Act).
Under the Constitution, the Commonwealth Parliament does not have general power to make laws about crime. This responsibility belongs to the states, which have the power to legislate for the "peace, order and good government" of their own territories.
States have the general power to maintain public order and protect individuals living within their borders.
What each state determines
Because criminal justice is a state power, each state and territory establishes through its own laws:
- What constitutes a crime within that state
- The processes used to determine whether someone is guilty
- The maximum penalty that can be imposed for each specific crime
Each state and territory also maintains its own police force, court system and prison infrastructure, although these systems operate in broadly similar ways across Australia.
Commonwealth offences
While criminal justice is primarily a state power, the Commonwealth Parliament can make criminal laws related to its own constitutional powers. These are known as Commonwealth offences – crimes that break a law passed by the Commonwealth Parliament.
Commonwealth powers include areas such as customs, immigration, taxation, and national security. Therefore, the Commonwealth can create criminal offences in these areas. For example, because customs is a Commonwealth power, the Commonwealth can make it a crime to avoid paying customs duties.
Over time, Commonwealth offences have expanded significantly, and there is now considerable overlap between Commonwealth and state crimes. Some offences, such as certain drug crimes, could be prosecuted as either a state offence or a Commonwealth offence, depending on the circumstances.
The Commonwealth Criminal Code
Many Commonwealth offences are contained in the Commonwealth Criminal Code, which is a statute (a law made by parliament; a bill that has passed through parliament and received royal assent, also known as legislation or an Act of Parliament) passed by the Commonwealth Parliament.
Examples of Commonwealth offences in the Criminal Code include:
- Engaging in terrorist acts – offences related to terrorism and threats to national security
- People smuggling – helping others to enter Australia illegally
- Espionage crimes – communicating information about national security to foreign countries
- Cyber crime – computer-based criminal offences
- Organ trafficking – illegally buying and selling human organs
- Importing banned substances – bringing prohibited items into Australia
Courts in Victoria
Victoria's criminal justice system includes several courts that hear and determine criminal cases, organised in a hierarchy based on the seriousness of offences.
Main criminal courts
The three principal courts that hear criminal cases in Victoria are:
- Magistrates' Court – hears less serious criminal matters (summary offences)
- County Court – hears more serious criminal matters (indictable offences)
- Supreme Court – hears the most serious criminal matters, including murder
Understanding the court hierarchy:
Victoria's criminal courts operate in a hierarchy based on the seriousness of offences. The Magistrates' Court handles summary offences (less serious matters), the County Court deals with indictable offences (serious crimes), and the Supreme Court hears the most serious criminal matters. This hierarchical structure ensures that more serious crimes receive more comprehensive judicial attention and resources.
Specialist courts
Victoria also operates specialist courts designed for particular circumstances. The Children's Court is a key example. This court hears criminal cases where a child (aged between 10 and 17 at the time of the offence) has been accused of committing a crime. However, certain very serious crimes such as murder and arson causing death will be heard in the higher courts (County Court or Supreme Court) even when the accused is a child.
Parties in a criminal case
Every criminal case involves two parties: the prosecution and the accused. It is important to note that the victim is not a party to a criminal case and does not bring the court action – this is a key difference from civil law.
The victim is not a party to criminal proceedings
Unlike civil law, where the victim directly initiates legal action, in criminal law the prosecution represents the community's interest in seeing justice done. The victim may be a witness and provide evidence, but they do not control the prosecution or decide whether charges are laid. This reflects the principle that crimes are offences against society as a whole, not just against individuals.
The prosecution
The prosecution is the party that institutes criminal proceedings against an accused on behalf of the state or Commonwealth. The prosecution represents the community's interest in seeing justice done and laws enforced.
The term 'prosecution' describes both the party and the team presenting evidence in court. Within this team, the prosecutor holds a special position with specific duties and obligations. The prosecutor is the representative responsible for conducting the criminal case and appearing in court.
Who prosecutes in Victoria?
Different bodies prosecute crimes depending on their seriousness:
For serious crimes:
The Office of Public Prosecutions (OPP) is the Victorian public prosecutions office that prepares and conducts criminal proceedings on behalf of the Director of Public Prosecutions (DPP). The DPP is an independent officer responsible for commencing, preparing and conducting prosecutions of indictable offences (serious crimes) on behalf of the State of Victoria. The OPP works with Crown Prosecutors to prosecute serious crime in the County Court and Supreme Court of Victoria.
For less serious crimes:
Victoria Police officers usually prosecute less serious offences in the Magistrates' Court. Other organisations also have power to prosecute particular offences, including local councils, VicRoads and WorkSafe Victoria.
The accused
The accused is the person charged with a criminal offence. There can be multiple accused persons in a criminal case, depending on the alleged crime. It is important to understand that not only individuals can be accused – companies can also be charged with offences such as taxation fraud, workplace health and safety violations, wage theft, and environmental offences.
Case study: Commonwealth prosecution for importing banned substances
Case Study: CDPP v Chan & Chen [2022]
In this case, the Commonwealth Director of Public Prosecutions (CDPP) charged two men with importing a commercial quantity of ephedrine into Australia. Ephedrine is a chemical precursor that can be used to manufacture methamphetamine ('ice').
The offence:
Section 307.11(1) of the Commonwealth Criminal Code makes it an offence to import or export certain precursor chemicals in commercial quantities. The maximum penalty is 25 years imprisonment or 5000 penalty units, or both. The commercial quantity threshold for ephedrine is just 1.2 kg.
The facts:
The two accused allegedly imported more than 1000 kg of ephedrine – well above the commercial quantity threshold. One man was alleged to have overseen the importation, while the other was alleged to be in charge of finances and handling its sale in Australia.
The trial:
The case was heard in the County Court with a jury (an independent group of people chosen at random to determine questions of fact in a trial and reach a decision). After a 17-day trial, the jury returned a guilty verdict against each accused.
The sentence:
Both offenders were sentenced to more than 17 years in prison. In sentencing, the judge classified the crime as being in the worst category of its type, noting the enormous size of the importation, the potential profits involved, and the significant roles played by the offenders. The judge also noted that the community had been saved from the "ravages" of large volumes of this dangerous drug being distributed.
Why this was a Commonwealth offence:
This case illustrates Commonwealth criminal jurisdiction. Because customs and border control are Commonwealth powers under the Constitution, the Commonwealth can prosecute offences involving illegal importation. This is why the CDPP (not the Victorian DPP) prosecuted the case, even though it was heard in a Victorian court.
Exam guidance
Tips for exam success:
When answering questions about the criminal justice system:
- Define key terms precisely – examiners expect accurate definitions of terms like 'accused', 'prosecution', and 'sanction'
- Distinguish between state and Commonwealth systems – understand why Australia has multiple systems and when Commonwealth law applies
- Identify parties correctly – remember the victim is not a party to criminal proceedings
- Use appropriate examples – refer to specific courts, offences, or cases to support your explanations
- Explain the three stages – be able to describe what happens at investigation, determination, and corrections stages
For 'explain' questions, don't just state facts – show understanding by describing how and why the system operates as it does. For 'analyse' questions, examine the strengths and weaknesses of having separate state systems versus a unified national system.
Remember!
Key Points to Remember:
- The criminal justice system involves police, courts and prisons working together to investigate crimes, determine guilt, and impose sanctions
- Australia has separate state and territory systems because the Commonwealth Parliament lacks general power over criminal law under the Constitution
- The three stages of a criminal case are: investigation (police), determination (courts), and corrections (prisons/community supervision)
- Commonwealth offences exist where the Commonwealth has constitutional power, such as customs, immigration, and national security matters
- The two parties in a criminal case are the prosecution (representing the state/Commonwealth) and the accused (the person charged)
- In Victoria, the OPP and DPP prosecute serious crimes in higher courts, while Victoria Police prosecute less serious matters in the Magistrates' Court
- The victim is not a party to criminal proceedings – the prosecution represents the community's interest
Key terms: Criminal justice system, accused, sanction, imprisonment, offender, Commonwealth offences, statute, prosecution, prosecutor, Office of Public Prosecutions (OPP), Director of Public Prosecutions (DPP), jury