1.

1 Key Concepts
Burden of proof: refers to the party which has the obligation to prove their assertion in court.
In criminal cases, the burden of proof lies with the prosecution, as it is the party which
initiates the criminal proceedings.

Standard of proof: refers to the degree or the strength of the evidence required by the party
bringing an action to prove their case. In criminal cases, the standard of proof is beyond
reasonable doubt. This means that the average person should not have any rational doubt
as to the guilt of the accused, after logically assessing the evidence.

Presumption of innocence: the notion that a person accused of a criminal offence is

considered to be not guilty of said offence, until he or she is proven guilty beyond reasonable
doubt in a court of law. ‘Innocent until proven guilty”. The presumption of innocence is
considered to be a fundamental human right (outlined in the Victorian Charter of Human
Rights and Responsibilities).
The presumption is reinforced by the criminal burden and standard of proof, as these impose
on the prosecution the responsibility of proving a charge beyond reasonable doubt, which is
a high standard to meet.

1.1.3 The rights of an accused

The right to be tried without unreasonable delay:
The Victorian criminal justice system attempts to ensure that all accused persons are tried in
court without unreasonable delay. However, particularly in the lower courts of the court
hierarchy, such as the Magistrates’ Court, this can become quite difficult to achieve, due to
the backlog of cases that can arise. This right ensures that those charged with criminal
offences do not face potential injustice and a severe disruption to their lives.

The right to a fair hearing:

1. All persons will be treated equally before courts and tribunals; and
2. All persons will be entitled to a fair and public hearing before a competent,
independent, and impartial court or tribunal established by law.
A fundamental human right in the Victorian criminal justice system. Ensures that accused
persons are not disadvantaged or discriminated against, and presumed innocent until proven
guilty. Also ensures court hearings are free from prejudice and bias.

The right to trial by jury:

It provides that “the trial on indictment of any offence against any law of the Commonwealth
shall be by jury”. The right to trial by jury ensures that all accused persons have the
opportunity to have their case heard by their peers.
In the Victorian criminal justice system, an accused who is pleading not guilty to an
indictable offence which is being heard in County or Supreme Court is guaranteed the right
to trial by a jury of 12 of their peers. However, an accused is not guaranteed the right if they
are pleading guilty to an offence, or if the matter is being heard in the Magistrates court.
Thus, the right to trial by jury may be limited in this regard.
Ultimately, jury trials ensure that justice is administered in accordance with community
values and standards, and that members of the community are able to directly and actively
participate in the administration of justice.
1.1.3 The rights of victims
The right to give evidence as a vulnerable witness:
A person can be a vulnerable witness for many reasons, for example due to a cognitive
impairment, or being under the age of 18.
Whilst witnesses generally give evidence in the courtroom itself, special provisions are in
place to enable vulnerable witnesses to give evidence
- Having a support person in court while given evidence.
- Having a screen in the court so that the victim does not have to see the accused
whilst giving evidence.
Certain Victorian laws are also in place to ensure that the process of giving evidence as a
vulnerable witness is less difficult. For instance, the law disallows vulnerable witnesses
being asked questions which are misleading, harassing or intimidating.
Furthermore, the Victims Charter Act seeks to ensure that victims have the opportunity to
‘have their say’ in criminal matters. E.g. Victim Impact Statement.

The right to be informed about the proceedings:

Victims of crime are also entitled to information regarding the investigation of the offence and
the prosecution of the accused.
- Be told by police of key progress in the investigation of the offence.
- Be told about the prosecution of the accused (including charges laid, court dates and
any appeals lodged).

The right to be informed of the likely release date of the accused:

Victims of crime are entitled to be informed of when the perpetrator of a crime against them
is likely to be released from prison.
Victims of crime and/or their family can apply to be included on the Victims Register.

1.2.1 The role of institutions available to assist an accused

Victorian Legal Aid:
The Victorian Legal Aid (VLA) is a government-funded organisation which provides legal
advice and representation to people charged with offences, who cannot otherwise afford
legal representation.
Specifically, the VLA can provide an accused person with a grant of legal assistance, which
may completely or partly pay for:
- Legal advice.
- The preparation of legal documents.
- Assistance resolving matters in dispute.
- Representation in court.
However, legal representation is only available to those who meet the VLA’s eligibility
criteria. This is heavily based on the financial circumstances of the accused, as well as the
general nature of the case. Therefore, due to the limited funding provided to the VLA, the
role the VLA plays in providing legal representation to accused persons, especially those
who do not satisfy its eligibility criteria is very limited.

Victorian community legal centres:

Community legal centres are independent community organisations that provide free legal
advice to members of the public. They play a relatively significant role in providing legal
assistance to accused persons; especially to those who face economic, social or cultural
disadvantage.

Sample Question: ‘Discuss the role of Victorian Legal Aid in assisting an accused in a
criminal case’.
- Victorian Legal Aid is a government-funded organisation which provides legal advice
and representation to people charged with offences, who cannot otherwise afford
legal representation. They work through providing a ‘grant of legal assistance’ to
individuals, which can be used to cover the costs of things such as legal
representation, or preparation of court documents. Whilst Victorian Legal Aid can
therefore be beneficial in giving access to the justice system to those that would
otherwise be financially unable to have their case heard in court, it is important to
note that there are eligibility requirements to be met before an individual can access
Victorian Legal Aid. Mostly relating to the financial status of the individual. Therefore
their ability to assist those who do not meet their eligibility criteria becomes limited.

The purposes of committal proceedings:

The term ‘committal proceedings’ refers to all of the procedures which take place in the
Magistrates’ Court before a criminal matter is heard in a higher court (i.e. the County or
Supreme court).
Committal proceedings have a number of purposes, including:
- To determine whether a prima facie case exists, that is a case where the
prosecution's evidence is of sufficient weight to support a conviction by a jury at trial.
- To ensure a fair trial, by allowing the accused to adequately prepare their defence.
This is achieved as committal proceedings ensure that the prosecution's case and
evidence against the accused is adequately disclosed.
- To determine how the accused wishes to plead to the criminal charge(s) against
them.

Sample Question: What is the purpose of committal proceedings? In your answer,

refer to at least one committal process.
- Committal proceedings refer to processes that take place in the Magistrates Court,
normally before a more serious case heard in a higher court like the County or
Supreme Court. An example of a committal process, is a committal hearing, which is
where a judge will determine whether the prosecution has sufficient evidence to
secure a conviction against the accused at trial. If it is decided that there is
insufficient evidence, the accused will be released and no trial will take place.
- Committal proceedings prevent the time and resources of higher courts being wasted
on cases where there is not enough evidence to secure a conviction. They also
assist in achieving a fair and unbiased hearing by ensuring the defendant is aware of
the case against them, so they can adequately prepare for the case to go to trial.

1.2.3 Plea negotiations and sentence indicators for criminal cases

Purposes of plea negotiations:
Plea negotiations are discussions that take place between the prosecution and the defence,
commonly regarding an accused pleading guilty to a less serious charge or negotiating
charges.
 - Same time and resources: by having an accused plead guilty, the courts, the
prosecution, the police and the accused are saved a substantial amount of time and
resources, as they do not have to allocate these to the trial of the accused.
Additionally it decreases any time delays.
- Save money: by pleading guilty, and thereby avoiding the financial costs associated
with a trial, all people involved are saved an amount of money.
- Prevent harm to the victim: when an accused pleads guilty or complies with the court,
any victims/witnesses are spared the stress resulting from having to be involved in
the court process.

Sentence indicators:
A sentence indicator is a statement by the court of the likely sentence the accused would
receive, were he or she to plead guilty to a charge before a hearing or trial. An accused may
apply for a sentence indication; however, the decision to give a sentence indication or not is
ultimately up to the court.
If a court gives a sentence indicator to an accused, and the accused pleads guilty to the
charge at their first chance, the court is not able to impose a sentence more severe than the
indicator given to the accused.
An application for, is not evidence that can be used against the accused in any proceeding.
- Encourage a guilty plea: through the assurance that he or she will receive no greater
penalty than that indicated by the court, if they plead guilty.
- Save time, resources, and money: by encouraging the accused to plead guilty before
a hearing or trial, they intend to save valuable time and resources for those involved.

1.2.4 The reasons for a Victorian court hierarchy in determining criminal cases”
Specialisation:
The Victorian court hierarchy allows each court to become familiar with and develop
expertise in the certain types of criminal cases they hear. The court hierarchy results in legal
personnel within each court, developing specialist knowledge in certain areas of criminal law,
as well as expertise in the relevant criminal law procedures.

Appeals:
The existence of the Victorian court hierarchy also allows the system of appeals to operate.
The court hierarchy means that the prosecution or an accused can have a case or imposed
sentence reassessed by a higher, more superior court, to the court that originally decided a
matter, if they believe that the original decision was unjust.
This provides for fairness in the criminal justice system, and gives the opportunity for unjust
decisions in criminal cases to be corrected.

1.2.5 The responsibilities of key personnel in a criminal trial

Judges:
The judge acts as an impartial and independent umpire who ensures that court processes
and procedures are carried out according to strict rules of evidence and procedure.
- Ensuring rules of evidence and procedure are followed: deciding the admissibility of
evidence and ensuring that correct court procedures are followed so that both the
prosecution and the defence have an equal opportunity to present their case.
- Deciding questions of law: determining the relevant law to be applied to the case,
and explaining the law to the jury.
- Deciding the sentence: if accused is found guilty, responsible for deciding the
relevant sentence to be imposed.
Limitations:
- Due to their independence, the judge cannot offer the prosecution or an accused
assistance.
- Judges cannot determine the guilt or innocence of the accused in a criminal trial.
Juries:
In Victoria, a jury is made up of 12 people randomly chosen from the electoral roll, who are
required to come to court and decide on the evidence, ultimately able to reach a verdict.
- Making a decision on the facts of the case: responsible for giving a verdict as to
whether the accused is not guilty or guilty beyond reasonable doubt, in accordance
with the law. Must aim to reach a unanimous verdict.
- Put aside prejudices: put aside any personal prejudices or pre-conceptions so that
they can return an unbiased and impartial verdict.
Limitations:
- Having a jury as the decider of the facts can slow down the trial process. Due to the
time associated with empanelling the jury and explaining the law to the jury.
- Uncertainty as to whether a jury's verdict is based on prejudice or not.
- Because those who sit on a jury have no legal training, it can be argued that they are
not the best people to decide on whether or not someone is guilty of a crime.
Parties:
- The prosecution is responsible for bringing the case before the court.
- The accused is responsible for choosing whether to have legal representation.
- If charged with an indictable offence, the accused has the responsibility of attending
the trial.
Legal Practitioners:
Legal practitioners for the prosecution and accused, present the cases of each respective
side. They also provide the accused with legal advice and advocacy.
- Presenting the facts: legal practitioners for the prosecution and defence are
responsible for choosing how they will present their evidence, which witnesses they
will call and what questions to ask.
- Representing the interests of their client.
- Adhering to rules of evidence and procedure.
Limitations:
- The reliance on legal practitioners in criminal trials can be extremely costly.
1.2.6 The purposes of sanctions
Rehabilitation: when the sanction aims to assist the offender in changing their attitudes and
behaviour, so that he or she is ultimately able to take their place in society.

Punishment: when the sanction aims to punish the offender to an extent, in such a matter
which is just in all circumstances; whilst also allowing society and any victims to feel that
there has been retribution.

Deterrence: when the sanction aims to deter the offender and offenders from committing
offences of similar nature.
General →aims to discourage other people and the public from committing similar crimes.
Specific →aims to discourage the actual offender from committing the offence again.

Denunciation: aims to express the courts and society's disapproval of the type of conduct
which the offender engaged in.

Protection: aims to physically protect the wider community from the offender - generally by
removing them from society.

1.2.7 Types of sanctions and their specific purposes

Fines: a monetary penalty paid by an offender to the court. When imposing a fine, a court
will consider the financial circumstances of the offender, as well as the burden the fine will
impose on the defendant.
Purposes:
- Punishment: by requiring that an offender must pay money to court, and by putting
them at a financial loss, a fine can punish an offender. (However a fine may not be
adequate if they have substantial or non-substantial financial resources).
- Deterrence (specific and general): act as a specific deterrent, through the threat that
re offending will result in the offender again losing money. Similarly, a fine may act as
a general deterrent, if members of the public are aware of the possibility that they will
have to pay a fine if they commit an offence.
- Denunciation: To satisfactorily denounce an offenders behaviour, the imposed fine
needs to be substantial in the eyes of the public and the offender.

Community Correction Orders (CCOs):

A CCO is a supervised sentence served in the community, which involves basic conditions
and specific conditions, tailored to the individual offender.
All CCOs have basic, core conditions, such as that the offender not leave Victoria without
permission, and that the offender report to and receive visits from a community corrections
officer.
Additionally, a CCO must have at least one specific condition, such as the offender
undergoing unpaid community work, adhering to a curfew.
- Punishment: through the conditions which can be attached to CCOs (such as alcohol
exclusion or a curfew). Although a CCO may fail to seriously punish an offender.
- Deterrence (specific): the unwanted and undesirable conditions which may be
attached to a CCO can ultimately deter a person from re-offending.
 - Rehabilitation: the rehabilitation and treatment programs which offenders may have
to undertake as part of a CCO can assist their rehabilitation and help them move
away from criminal behaviour.
- Protection: by keeping an offender occupied at times, when he or she may otherwise
be encouraged to commit

Imprisonment:
The sanction of last resort, and is an order than an offender serving time in prison, where
they are removed from society and are deprived of their liberty and freedom, with a recorded
conviction.
When sentencing an offender to a term of imprisonment, the court will generally set a
minimum term of imprisonment, and a maximum sentence.
Purposes:
- Punishment: Imprisonment is most likely to punish an offender by depriving them of
their liberty.
- Denunciation: given the severity of imprisonment and the way it physically removes
an offender from society, the imposition of this sanction can successfully denounce
an offender's actions.
- Deterrence (general): imprisonment can act as a general deterrent, since the
possibility of going to prison and losing one's freedom discourages most members of
the public from committing a crime.
- Rehabilitation: imprisonment can be rehabilitative and can assist offenders become
valuable members of society once released, through the educational and treatment
programs offered to prisoners.
- Protection: imprisonment provides for the protection of the community, as it involves
an offender being physically removed from society and thus, unable to commit further
crimes and endanger the welfare of the public.

1.2.8 Factors considered in sentencing:

Aggravating factors: facts or circumstances relating to the offence, the victim, or the offender
which increase the offender's culpability or fault. Aggravating factors work against the
accused and are likely to result in a more severe sentence.
Examples:
- The offender is young.
- The offender has a mental illness or disability.

Guilty pleas: In sentencing the offender, the magistrate or judge will consider the offenders
guilty plea, and will consider the stage at which they entered this plea. Generally, the earlier
the guilty plea is entered, the more favourable the court will be towards the offender when
sentencing them.
The Sentencing Act provides for sentence discounts for guilty pleas. This basically means
that a court must impose a less severe sentence, when the offender pleads guilty to an
offence.The court must also state the sentence the offender would have received.

Victim impact statements: In sentencing an offender who is guilty of an offence, the court will
consider any victim impact statements submitted to the court.
They detail the effects of the offence on the victim, alongside any injury, loss, or damage
suffered by the victim as a direct consequence of the crime.
1.3.1 Factors affecting the principles of justice in the criminal system
Cost Factors:
The high costs associated with maintaining the criminal justice system, in addition to the
costs of presenting a defence, can greatly hinder the extent to which the principles of justice
are achieved. For instance the high cost of legal fees and the limited funding provided to the
Victorian Legal Aid limits the principle of access. This is particularly the case for those who
have limited financial means, as they may struggle to afford legal advice and by
consequence, will face difficulty understanding their legal rights.

Additionally, the costs associated with legal representation can greatly limit the achievement
of equality as a principle of justice. Whilst this principle requires that all people have an equal
opportunity to present their case, an inability to afford legal representation, due to the cost of
legal fees, can substantially disadvantage an accused in court, resulting in them not having
an equal opportunity to present their defence.

Time:
The achievement of the principles of justice may be substantially hindered by time delays,
and the backlog of cases in the criminal justice system. Firstly, the access principle may be
negatively affected by the fact that court resources have not kept pace with the number of
criminal cases before the courts - resulting in time delays. This, alongside the lengthiness of
pretrial and trial procedures can result in accused persons who cannot take time away from
employment being unable to pursue their case; and thereby being unduly pressured into
pleading guilty.

Likewise, the fairness principle can be limited to a great extent, due to the lengthiness of
pretrial and trial procedures. Accused persons who do not have the time to prepare their
defence may struggle to obtain a fair hearing. This is because these individuals may have to
rush their criminal defences and may fail to properly prepare or crucial court procedures,
such as cross-examination, resulting in them being substantially disadvantaged at trial.

Cultural differences:
Firstly, racial bias and discrimination, can result in the fairness principle being hindered. For
instance, if jurors discriminate against or possess certain biases against the culture of the
accused, the likelihood of the accused receiving a fair and unbiased is quite low - as jurors
are the deciders of the fact.

They can also prevent the achievement of the equality principle. This can be due to the
culture of the accused, the jurors' biases, or the judge viewing the accused favourably
unfavourably. Any conscious or unconscious cultural prejudices from the judge can result in
the accused not having an opportunity equal to others to present their defence.

Additionally, cultural differences can result in the access principle being limited. A lack of
intercultural understanding and language barriers can severely hinder an accused
understanding of their legal rights.
ATAR TOPIC TESTS:
Define the term ‘vulnerable witness’:
- A vulnerable witness is an individual who gives evidence in a legal proceeding who is
deemed to be especially susceptible to harm or maltreatment in the justice system.
(e.g a person under the age of 18, or has a cognitive impairment).
Distinguish between summary offences and indictable offences:
- A summary offence is a less serious offence heard in the Magistrate’s Court, by a
magistrate sitting alone (rather than a judge or jury), which may be heard in the
absence of the accused. In contrast, an indictable offence is a more serious offence
which is usually (unless being heard summarily) tried in the County or Supreme
Court by a judge (and a jury if the accused pleads not guilty) and cannot be heard in
the accused's absence.
‘Committal Hearings are complicated and serve no useful purpose’, Discuss the
extent to which you agree or disagree with this statement.
- I disagree. Although committal proceedings are rather complicated, they are of great
importance in the Victorian criminal justice system and have a number of key
purposes. Committal proceedings are criminal pre-trial procedures involving the
submission of evidence and cross-examination of witnesses, and fundamentally,
allow the court to determine whether the prosecution's evidence is of sufficient weight
to support a conviction in a higher court. This saves the time of the County and
Supreme courts by ensuring that weaker cases do not proceed beyond the committal
stage. This also aids in clarifying issues in dispute and increases the number of facts
the prosecution and accused agree upon. On the other hand, committal proceedings
can be quite complicated given the possible need to cross-examine witnesses. They
can also be especially difficult to understand for accused persons who lack legal
representation. Accordingly, while committal proceedings are very complicated, they
still fulfil a number of fundamental purposes.
‘Victoria Legal Aid and community legal centres are virtually the same and pose no
benefit to an accused’. Discuss the extent to which you agree with this statement,
with reference to the justice principle of equality.
- Whilst Victoria Legal Aid (VLA) and community legal centres (CLC) have some
similarities, they also have many differences. Additionally, despite some limitations,
these organisations have a number of benefits for accused persons, including their
promoting equality.
- In contrast to VLA (a statutory authority), community legal centres are independently
operated organisations.
- Both organisations provide free legal advice to members of the public, and while
community legal centres are independent organisations, they receive some
government funding through VLA. Both VLA and CLC’s aim to make the legal system
more accessible for disadvantaged people, such as those with limited finances.
- Since legal advice can be extremely costly, and the law and legal processes can be
difficult to understand, free legal advice is of great importance in ensuring all
persons, regardless of income and disability, understand their legal rights.
- Although, due to the limited funding these organisations receive, they cannot provide
legal representation and assistance to all accused persons. For example, VLA uses
an income and means test to assess an accused eligibility for assistance.
- Equality requires that all people are to be treated the same before the law and all
have an equal opportunity to present their case in court. To facilitate this, it is
 essential that all accused persons have legal representation so they understand their
legal rights, and have the capacity to present their case to the best of their ability.
Thus, in providing legal representation and advice to accused persons, VLA and
community legal centres provide for equality in the criminal justice system.
- Ultimately, while these organisations are limited in their assistance of accused
persons, they have various important benefits.

Discuss the ability of community correction orders to achieve the rehabilitation and
protection purposes of sanctions:
- A community corrections order (CCO) is a supervised sentence served in the
community, which involves core and specific conditions tailored to the offender.
- The conditions attached to CCOs can facilitate the rehabilitation of offenders. A court
can attach a condition that they take part in a treatment program, such as anger
management counselling. In turn, these conditions can work towards an offender's
rehabilitation by assisting them in moving away from criminal behaviour. However,
the conditions attached to a CCO will only be successful in rehabilitation if the
offender complies with the imposed conditions.
- By keeping offenders occupied at times when they may otherwise commit crimes,
CCOs have the potential to protect members of the community from these offenders.
Although there are limitations, as there is no guarantee that the public will be
protected from an offender while they are undertaking a CCO.
- Overall, CCOs have the ability to achieve the rehabilitation purpose of sanctions to a
reasonable extent, but can only achieve the protection purpose to a limited extent.

→ Discuss the appropriateness of a plea negotiation in Lachlan’s case, with reference

to one purpose of plea negotiations:
- Plea negotiations are discussions which take place between the prosecution and the
accused, generally regarding the accused pleading guilty to a less serious charge in
exchange for the prosecution not pursuing a more serious charge.
- In my opinion, a plea negotiation would be very appropriate in Lachlans case.
Lachlans willingness to cooperate with police, as evidenced by him turning himself in,
suggests that this would be appropriate. Lachlans readiness to plead guilty (likely
given he has admitted to committing the offence and feels remorse), the fact that he
is young, and he doesn't not have a criminal record, all strengthen the
appropriateness of a plea negotiation. It would also prevent harm to the victim, as
they would not have to undergo cross-examination. Thus Michael would be protected
from the mental harm arising from a lengthy trial.
- On the other hand, the likely strength of the prosecution's case (given Lachlan
admitted culpability) and the likelihood of a conviction, a plea negotiation may not be
as essential in this case.
Explain two purposes of sanctions that fines can be seen to achieve:
One specific purpose of fines is punishment of an offender, by requiring them to pay money
to the state. Fines also serve the purpose of specific deterrence by discouraging the
particular offender from reoffending due to their desire to not have to pay this money again.

Describe how cultural differences can affect the ability of the criminal justice system
to achieve the justice principle of access:
Cultural differences can hinder the achievement of the access principle because an
accused’s understanding of legal processes and rules of evidence and procedure can be
negatively impacted by language barriers and cultural misunderstandings. For example, a
migrant from a non-English speaking country with an inquisitorial legal system may struggle
to understand rules of evidence in a Victtorian criminal trial. Also possibly limiting the extent
to which an accused understands their legal rights, and the law.

One reason for a court hierarchy in determining criminal cases:

The court hierarchy means that both the prosecution and an accused can have a case, or an
imposed sentence reassessed by a higher court if they believe the original decision was
unjust. Importantly this provides an opportunity for unjust decisions in criminal cases to be
corrected. If the court hierarchy did not exist, the system of appeals would not exist (or not
operate as effectively) as there would be no superior court to hear the prosecutions or
accused appeals.

Describe the relationship between the burden of proof and the presumption of
innocence:
The burden of proof in the criminal justice system is directly related to the presumption of
innocence. For criminal cases, the burden is on the prosecution to prove the guilt of accused
persons like Benji beyond reasonable doubt. This thereby reinforces the presumption of
innocence (the notion that a person accused of a criminal offence is considered not guilty of
the offence until proven guilty in a court of law) because this results in the accused not
needing to prove their lack of guilt, given that they are innocent until proven.

Explain what sentence indications are and how they operate in the Victorian criminal
justice system:
A sentence indication is a statement made by a judge to an accused about the sentence
they could face if they plead guilty to an offence. If a court gives a sentence indication, and
the accused pleads guilty at the next available opportunity, the court cannot impose a
sentence more severe than the sentence indication.
How they operate in the Victorian criminal justice system varies depending on if the charge
is a summary or indictable offence. For summary offences, a sentence indication can be
given at any time by the Magistrates Court, as well as the prosecution not needing to be
present.
For indictable offences, the accused must apply for the sentence indication and the
prosecution must consent.
One purpose of sentence indications:
One purpose of sentence indications is to provide the accused with important information
about the type and nature of sentence they may receive. This assists the accused in
weighting up their legal options and in making a decision about the plea they will enter.

Discuss the use of sentence indications in the Victorian criminal justice system:
One key strength of sentence indications is that they can minimise stress and trauma
experienced by victims. If a sentence indication results in an accused entering a guilty plea
before the hearing or trial, the victim will be protected from the stress of giving oral evidence
in court, as well as being cross-examined.
Whilst a sentence indication resulting in a guilty plea may protect victims from further
emotional harm, many victims may desire their day in court and opportunity to communicate
their experience at trial.
Additionally, sentence indications can assist an accused in understanding their legal options
and the kind of sentence they may be facing. This is especially important if the accused does
not have legal representation to advise them of their options.
If the prosecution does not consent in indictable offences, it will not be allowed.
The ways in which sentence indications can save time, money, and resources is very
beneficial. A guilty plea can prevent a lengthy trial and also means the accused, the
prosecution and the community save money, as the costs associated with a trial can be
avoided.

Despite some limitations, sentence indications are quite beneficial.