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Legal Studies SAC #3
7.3, 7.4, 7.5, 7.6, 7.7, 7.8, 7.8, 7.10, 7.11
| Question | Answer |
|---|---|
| Victorian Police | established in 1853, police force is governed by the Victoria Police ACt 2013, 21398 employees |
| victoria police role | to serve the Victorian community and to uphold the law to promote a safe, secure and orderly society, is the main institution that enforces criminal law relating to indicatable offences and most summary offences in Victoria |
| what does the VP role include: | talk to victims or witness about what happened, question possible suspects, examine the scene of teh the crime, look for and gather physical or forensic property, arrest accused persons and charge people with the offences that most fit the crime |
| VP for summary and indicatable offences | the power to prosecute summary cases in court, ussually prosecuted by police prosecuters- indiactable crimes , police officers undertake the investigations, gather the evidence and charge the accused persons. the info gatheres is then given to the OPP |
| to enforce law what institutions provide powers | section 458 of the Crimes Act 1958 (Vic)- power to arrest, enables fingerprints to be taken The Victorian Police Act- gives a wider rnage of powers inculding to search and enter premises |
| the Australian federal Police (AFP) | established by the Australian Federal Police Act 1979, consists of a commisioner of Police, deputy commisioners, AFP employees, special members and special protective service officers |
| roles of the AFP | to investigate offences that are against the law of the Commonwealth and certian offences that are against the law of a state- one being the commonwealth criminal code (established a number of commonwealth offences) |
| delegated body | an authority or agency given power by parliament to make and/or enforce laws |
| how does delegated bodies have power | to enforce criminal laws is given by an Act of Parliament- specifies who has the power to enforce law |
| Victorian delegated bodies | consumer affairs victoria, enviroment protection authoiry victiria, local councils, state revenue office, vicroads, victorian workcover authority, wage inspecotorate victoria, victorian building authority |
| Worksafe Vicroria | trading name of the Victorian WorkCover Authority which was established under the Occupational health and safety act (act is the main statute in vic that aims to ensure the health, safty and welfare of employees and other individuals at work) |
| functiosn fo worksafe | is to monitor and enforce compliance wit the occupational health and safety act and other statutes such as the Dangerous Goods Act 1985 (it is a criminal offence to not comply with some health and safety obligations) |
| local councils | established to ensure the peace order and good government of local districts, are are 79 local councils in vic, given authority by the victorian parliament under the Local Government Act 1989 to make and enforce laws(by laws) for their own local district |
| by laws | local laws or regulations made by local councils that apply to residents in local areas eg laws relating to building and planning permits, childcare centres, rubbish and local libraries |
| eg of by laws | general puposes local law 2015 passed by the maribyrnong city council, makes it an offence for a person to consume alcohol or be in possession of alcohol, if broken, city council enforces it by commencing legal proceedings, infringement notice, warning |
| institutional powers | the authority given to bodies such as the VP to undertake certain actions |
| who are these powers given to | VP and other office of poilce prosecutions (OPP) have the powers to enable them it investigate crime an dbring offencers to justice, these powers are insitutional powers eg gathering fingerprints, charging ana ccused and initiating criminal proceedings |
| why must powers be balanced | if institutions have too much power, individuals are treated unjustly however if the powers ar etoo few ot too limited crime prevention and law enforcment can become difficult or impossible |
| how is this balance examined | through the stages of arest, questioing, court proceedings and imprisonment of the offender of a criminal case |
| institutional bodies arrest | once a crime has been comitted, the police have the power to arrest and accused person, this power is found in the crimes act 1958 , most arrets are made without a warrant(ensured welfare and appears in court, preserve public order, prevent continuation, |
| Individual rights in relation to arrest | ensure balance between the power of arresta nd the rights of the individial eg can refuse to attend a police station unless they are under arrest,if arrested must be informed of the reason, must promptly be brought before court, can be silent , release |
| insituational bodies power questioning | if a person has been arrest and is in custody, an investigating offcial has the power to question that person within a reasonable time to detrmine their involvment |
| individual rights questioing | must be informed right to silence and thata nything will be used as evidence, that they can communicate with a legal practioner (cannot be overheard) or friend, right to a interpreter, occurs in a reasonable time, if under 18 a guradian must be present |
| institutional powers for court proceedings | for summary offences, magistrate court hears and determines cheages and decides guilt, for indiactable it fetrmines whether there is evidence of a sufficent wight to support a conviction at trial |
| acused rights in court proceedings | charge decided by a competent impartial cort after a fair and public hearing, presumed inncocnet, obtain legal aid, informed, adequate time, tried without delay, interpreter and rebut ervidence |
| role of victorian courts in crminal cases | determine a criminal case by decidingw hther the accused is guilty and impose a sanction if a person has been founf or has pleaded guilty |
| determine a criminal case | provided specialistion and expertise in teh type of case, manages the case ( give orders and directiosn to parties and setting timelnes) hears appeals |
| commital hearing | a court hearin that is held as art of the commital proceeding he Magistrates Cort. at a commital hearing, the magistarte wil decide whther there is sufficnet evidence to support a conviction for the offence charged |
| the process through courts | if charged with a indiactable offence, goes to magsitartes for commital proceedings then commital hearing and then teh procceding continues into wither the county ot supreme court , acts as afilter to ensure only the strongest cases go to higher courts |
| impose a sanction | sets a date for a plea hearing once the magistare or jury finds teh accused guilty, an ther eoth parties make submissions about teh facts of the case and factors to detemrine the appropriate sanction. than a sanction is imposed |
| magistartes court jurisdiction | oj: summary offenced, indiactbale offences heard summarily, commital proceedings, baila nd warrent applications |
| county court jurisdiction | or: indiactable offences except treason, murder, attemppted murder and certain conspiraces aj: from MC on a conviction or sentence |
| supreme court trial division jurisdiction | oj:serious indiactbale offences aj: from magistartes court on a point of law |
| supreme court court of appeal jurisdiction | aj: all apeals from county cort or supremem trail divison and from magistartes court if the chief of magistarte decided the case |
| childrens court jurisdiction | offenced commited by children 10-17 years of age excpet for certain offences |
| coroners court | investigation of deaths and fires |
| when are criminal juries used | in teh original jurisdiction of the county and supreme court to dterine the guilt of an accused person who is chared with an indiactable offence, never used in the magistartes court and not in appeals and not when the accused has pleaded guilty |
| composition of a criminal jury | jury of 12 is cimplusory , disqaluifieed from the past history (sentenced to imprisonemnt for 3 or more years), on bail or on remand, ineligible due to a charcteristic, cna be excused becuase of circumstances liek illenes or live 50 km away from melbourne |
| role of the criminal jury | listen to all teh evidence, cocnentrate during the trail and piece the evidence tigther and decide wuther the accused in guilty or not, directiosn must eb givne by the judge, made beyond reasonable doubt, must reach a unanimous verdict (12/12) |
| groups that face difficulties in teh criminal justice system | first nations, young people, culturallya nd linguisticallt divers and people with disabilities |
| young people | those experincing homelessness, first nations or have eperinced family violence, are mor at risj of having to deal with the criminal justice system, typicaaly commit shop lifting, minor theft, trespass, fare evasion on public transpert of property damage |
| young people pt2 | alleged offencder rate betwen 15-19 and 20-24 exceed offending ratesm young epopel can be victimes of crime or itness crime, 53% of cilren in youth justice were a vitim of abuse, trauma or neglect as a childand 42% witnessed family violence |
| when interacting with the criminal justice system, young people can experince difficuties of a lack of understanding | struggle to acces justice as they may not undertand the sustem, acnnot properly engage with it, language/process are adult orientated may not have sufficnet comminucation skills expertise knowledge experince to to undertand, needs to rely on others=issues |
| when interacting with the criminal justice system, young people can experince difficuties negative effects of cutody | custody involves time spent in remand and youth facility, it can be ddificult to overcome the stigma of being in cutody, can expose to teh engatiev effects of prison, reduces the oppurtunity for positivve inteventiona nd rehab, reoffending increase |
| people with disability | people with disability have high levels of interaction withe justice system, not ony as the accused but as witnesses and victims, more vulnerbale, twice as likely to experience abuse violence, |
| barriers for people with disability: physical barriers | lack of accesbility to courts, legal services ( police stations suppert service)not be able to physically enter , lack of ramps, lights and nose are prohibitive especcialy in court rooms, info mayb not be recognused or understood (neurological disorder) |
| barriers for people with disability: lack of undertanding | face naegative stigma, prejudice and discrimination (not willing to report a crime or seek ehlp), dsiability training to important to ensure that persoannel including police, court staffa nd judges are aware ,lack of training can cuase discrimination |
| other include | lack of services, lack of appropriate accomadation fir prsioners, lack of rehab, community attitudes |
| punishment | one purpose of a sanction, desiged to penalise the offender and show society and the victim that criminal behavior will not be tolerated |
| punishment purpose | allows vitims and families to feel a sense of justice without taking the law into tehir own hands. if indicuals did take law into tehir won ahnds, crime would increase and no social cohesion, courts take it upon themselves to relevntly punish the accused |
| deterrence | one purpose of a sanction, designed to discourage the offender and the others in the community from committing similar offences by imposisng a penalty that is severe enough that the offender and others can see the serious consequences |
| general detternece | designed to discourage others in the community from committing similar offences |
| specific detterence | designed to discourge the offender from committing further offences |
| detterance purpose | sentences should eb communicated to teh public via media to act as a general detterence as people must be knowing as well as be able to undertand it, in terms os specific depends on personal circumstances if reoffender than it is of higher prorty |
| denunciation | one purpose of a sanction, deisgned to demonsrate the communities dissaproval of the offenders actions |
| denunciation purpose | when deciding on an appropriate sanction, the court may impose a snetence that is harsh enough to show its dissaproval, empahasised in cases involving offender that could be undertaken by many memebrs of society eg theft |
| protection | one purpose of a sanction, designed to safeguard the community from an offender by preventing them from commiting a further offence (eg imprisonemnt) |
| protection purpose | some offenders ar egiven a very long periods of imprsionemnt beause the courts may consider them to be a danger to society like when commitng a horendous crime with lack of rmeorse and a callous attitude |
| rehabilitation | one purpose of a sanction, deisgned to reform an offender in order to pprevnt them from committing offences in the future, |
| rehabilitation purpose | can provode oppurtnitues in the form of education, training, assiatnce and supprt, the legal ssytem hopes they will grasp a chance at a better future, change their offending way and become law abiding citezens |
| fines | a sanction that requires the offender to pat an amount of maney to teh state, expressed in penalty units, are imposed with finacial circumstances, any loss of the offence in consideration |
| purpose of fines | punish the offender, deter the offender from commiting further crimes and deter teh gernal cimmunity from commiting similar crimes, if a high enough fine is given, teh court my also be denouncing the crime |
| community correction orders (CCO) | a flexible, non custodual sanction( dosnt invove a prison sentnece) that the offender serves in teh community with the conditiosn attched to teh order, impose when the offence is punsihavke by more than 5 units and the offender consents |
| puposes of CCO | punishemnt can impose certain conditions on an offender that are an imposition or an annoyance, genral /specific deter, rehabiliate if treatemnt/rehabilitation condition is imposed,aim to adress reason for offending, proetct society by keeping them busy |
| imprisonment | a sanction that involves removing the offender from society for a stated period of time and placin them in prison, most serios sanction, only for category 1 offences including murder |
| imprisonemnt purpose | proetct teh community be removing the offender and punish them by denying them of liberty, deter (both g and s) and shows the courts disparoval of the acts, can lead to rehab but depends on circumstances eg nature and length of the time served and support |
| aggravating factors | facts or circumstances about an offebder or an offence that can lead to more sever sentence |
| mitigating factors | facts or circumatncs about the offender or the offence that can lead to a less sever senetnce |
| factors that may reduce the sentence | nature and gravity of offence, early guilty plea, mitigating factors(reduces offenders culpability eg duress, lack of harm caused, good prospects of rehab, guilty plea and remorse), lack of prior offending, remorse eg confession, apology, cooperation |
| fcators that may increase the sentence | nature and gravity of the offence, aggravting factors eg use of violent explosives, taking place infornt of children, mativated by hatred or being in a position of trust, prior offending, impact on any victim, injury loss or damge as a result eg death |
| drug court | a specialised court taht is able to impose a drug treatment order on an offender where drugs or alcohol conributed to the commision of the offence, |
| how does the drug court work | responds to the failure of traditional methods of sentencing offenders to adequatly adress drug use and offending by directly adressing the issue of drug and alchol dependency, does this by imposing a drug and alchol treatment order (DATO) on the offender |
| eligibility of teh drug court pt 1 | ot evry offender is eligible, must resied within an area serviced by teh drug court, plead guilty of the offence, offence must be within teh jurisdiction of the magistrates or conuty court and punishable by imprisonemnt, |
| eligibility of teh drug court pt 2 | not be sexual offence or involve bodily harm, must be satidfied that is offender is epndent on drugs or alcohol and that this dpeendnecy contributed to the offence, considers that it would have otherisw been apropriate to impose a sentence of imprisonemnt |
| DATO | a type of sanction imposed by the drig court that aism to treat the underlying causes of offending,a nd includes both the treatment and custody of the offender |
| koori court | a division of the magistartes court, children court and county court that in certain circumatnces operates as a sentencing court for First Nations people, provides an informal atmosphere for sentencing and representation |
| eligibility of the Koori court | to be eligible teh accused must be First nations perosn, offence must be within the jurisdiction fo the relevnt court ad must not be a sexual offence, accused must inetnd to plead guilty or has and must cosnet to the case being dealt with by the Koori crt |
| division programs | a method used in the magsuatrtes cort and childresn court to rediract offender away from the court and avoid a criminal record by placing them on a plan, |
| diversion programs process | a way in chich a criminal matter can be dealt with out of court, placing them on a programa rather than enetering a plea/ found guilty, avoids crimianal record, sentecning but on teh baiss that they comply with the certain conditions of their plan |
| eligibilty of diversion programs | the accused must acknowlege to the MC repsosnbility of teh offence, must appear apropiate to the MC that they shoudl particpate, prosecutiona nd accused consent to the matters being diverted and must not be one that i punsihable by a min or fixed sentence |
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