Courts, juries and police
Courts and police in Australia are independent of government. You are innocent until proven guilty and have the right to a lawyer, a jury decides guilt, and offering a bribe to police is a serious crime.
What to remember
- Courts are independent and decide on evidence. Judges can't be removed just because the government disagrees.
- You are innocent until proven guilty and have the right to a lawyer. A jury decides guilt; the judge decides the penalty.
- Police are independent of government. The AFP handles federal crimes and policing in the ACT.
- Bribing police, or even offering a bribe, is a serious crime.
Sample questions
Who decides whether a person has broken the law, and the penalty?Show answer
- A court
- The Prime Minister
- The police
A court. A court will decide if a person has or has not broken the law and decide the penalty. Courts can only base their decision on the evidence before them.
What can a court base its decision on?Show answer
- The opinion of the government
- Media reports
- Only the evidence before it
Only the evidence before it. Courts can only base their decision on the evidence before them.
Can the government remove a judge because it disagrees with their decisions?Show answer
- Yes, at any time
- No
- Yes, with the King's approval
No. Judges and magistrates are appointed by the government, but the government cannot take their jobs away if it disagrees with their decisions.
Source: Australian Citizenship: Our Common Bond, p. 31. Read the full booklet on the Home Affairs website.