Legal institutions and the justice process
Courts and criminal process
Courts are organised hierarchically, with original and appellate jurisdiction. Criminal offences are generally summary (heard by a magistrate, no jury) or indictable (judge and jury, often after a committal process). A committal determines whether there is enough evidence to send the accused to trial; it is not a finding of guilt. Bail involves an assessment of risk and conditions, not punishment. At trial the prosecution bears the burden and must prove guilt beyond reasonable doubt. Sentencing considers purposes such as punishment, deterrence, rehabilitation and protection, plus aggravating and mitigating factors.
Civil justice and alternatives
Civil disputes use pleadings, discovery, negotiation and trial on the balance of probabilities. Tribunals and alternative dispute resolution (mediation, conciliation, arbitration) are important, especially for minor or specialist disputes. Legal aid and community legal centres address access to justice. Appeals usually require an error of law or fact, not a fresh hearing.
Traps and worked example
Common traps: treating a committal as a trial; saying the accused must prove innocence; confusing bail with guilt; assuming juries sit in all criminal matters. Worked example: an accused is charged with an offence. If it is summary, a magistrate decides; if indictable, a jury may decide guilt after a judge’s directions. Rule of thumb: identify the court’s jurisdiction, the standard of proof, and the decision-maker before answering.