AOS 1

Question 1

Fairness is

Answer 1

fairness means having fair processes and a fair hearing

Question 2

Access is

Answer 2

access means that all people should be able to understand their legal rights and pursue their case

Question 3

Equality is

Answer 3

equality means people should be equal before the law and have an equal opportunity to present their case as anyone else, without advantage or disadvantage

Question 4

The Police are

Answer 4

The role of the police is to serve the community and the law, and to enforce criminal law. there are state police and federal police

Question 5

A delegated body is

Answer 5

an authority or agency given power by parliament to make and/or enforce laws

Question 6

Examples of victorian delegated bodies

Answer 6

Consumer Affairs Victoria, Environment Protection Authority Victoria (EPA), Local councils, State Revenue Office (SRO), VicRoads, Victorian WorkCover Authority (WorkSafe Victoria)

Question 7

Examples of Commonwealth delegated bodies

Answer 7

Australian Securities and Investments Commission (ASIC), Australian Taxation Office (ATO)

Question 8

Institutional powers are

Answer 8

the authority
(i.e. power) given to bodies (i.e. institutions) such as Victoria
Police to undertake certain actions

Question 9

Human Rights Charter

Answer 9

the Charter of Human Rights and Responsibilities Act 2006 (Vic). The main purpose of this Act is to protect and promote human rights

Question 10

Arrest

Answer 10

Once a crime has been committed, the police have the power to arrest the offender. The power of arrest, with or without a warrant, is found in the Crimes Act 1958 (Vic)

Question 11

However, to balance this power, rights are given to a person who is questioned:

Answer 11

• the person must first be informed that they do not have to do or say anything, but that anything the person does say or do may be given in evidence, and the giving of that information must be recorded
if the crime is an indictable offence
• the person must be informed that they can communicate with or attempt to communicate with:
– a friend or relative (to inform them of their whereabouts)
– a legal practitioner, and they are allowed to do so unless the communication would result in the
escape of an accomplice, or the fabrication or destruction of evidence, or unless the questioning
is so urgent that it should not be delayed
• the person has a right to an interpreter if the person does not have sufficient knowledge of the
English language
• communications with the person’s legal practitioner must be such that the communication is
not overheard
• the questioning can only occur within a reasonable time (that time depends on circumstances such
as the number and complexity of offences to be investigated)
• the person being questioned can stay silent and does not need to respond to any questions (other
than to supply their name and address)
• if the person is under 18 years of age, a parent, guardian or independent person must be present
during the questioning.

Question 12

Bail

Answer 12

Bail rights and procedures are set out in the Bail Act 1977 (Vic). The decision to grant or refuse bail is normally determined by either a court, a bail justice or a police officer, depending on the circumstances.

Question 13

Court Proceedings

Answer 13

For summary offences, the Magistrates’ Court hears and determines the charges and the magistrate decides on guilt. For indictable offences, the Magistrates’ Court determines whether there is evidence of a sufficient weight to support a conviction at a trial (through a committal proceeding) before the matter is then transferred to either the County Court or the Supreme Court for pre-trial procedures and, eventually, a trial.

Question 14

Conviction

Answer 14

a criminal offence that has been proved. Prior convictions are previous criminal offences for which the person has been found guilty

Question 15

committal proceeding

Answer 15

the processes and hearings that take place in the Magistrates’ Court for indictable offences

Question 16

legal aid

Answer 16

free or low-cost legal advice, education or information about the law and the provision of legal services (including legal assistance and representation)

Question 17

imprisonment

Answer 17

a sanction that involves removing the offender from society for a stated period of time and placing them in prison

Question 18

Reasons for a court hierachy

Answer 18

Appeal, Doctrine of precedent, Administrative Convenience, Specialisation

Question 19

appeal

Answer 19

an application to have a higher court review a ruling (i.e. a decision) made by a lower court

Question 20

doctrine of precedent

Answer 20

the common law principle by which the reasons for the decisions of higher courts are binding on courts ranked lower in the same hierarchy in cases where the material facts are similar

Question 21

Administrative Convenience

Answer 21

The courts have different jurisdictions to hear different matters, which allows smaller and minor cases (of which there are more) to be heard in the Magistrates’ Court (of which there are a number in the state) and more complex and larger cases to be heard in the County Court and the Supreme Court.

Question 22

Specialisation

Answer 22

expertise, with the courts developing expertise in dealing with the types of cases that come before them. For example, the Magistrates’ Court hears minor offences, and so is specialised in offences such as drink-driving.

Question 23

The role of the courts

Answer 23

• determine a criminal case (by deciding whether the accused is guilty)
• impose a sanction (if a person has been found, or has pleaded, guilty).

Question 24

Committal hearing

Answer 24

a hearing that is held as part of the committal proceeding. At a committal hearing, a magistrate decides whether there is sufficient evidence to support a conviction for the offence charged

Question 25

Determining a criminal case

Answer 25

As part of the court’s role in determining the guilt of an accused, the court:
• provides specialisation and expertise in the type of case it is hearing – the Magistrates’
Court specialises in minor criminal offences (e.g. minor thefts and assaults), whereas the
Supreme Court specialises in the most serious indictable offences (e.g. manslaughter)
• manages the case – judges and magistrates have significant powers of case management, which means they can give orders and directions to the parties. This includes setting down a timeline of
when certain steps are to occur, so that delays can be managed
• hears appeals – certain Victorian courts have the power to hear an appeal made by one or both
parties following a guilty verdict. An appeal may be in relation to a conviction, sentence or on a point of law. The party who appeals is known as the appellant, and the other party is known as the respondent.

Question 26

Imposing a sanction

Answer 26

If an accused pleads guilty, or the magistrate or jury finds the accused guilty, then the court sets a date for a plea hearing. At this hearing, both parties make submissions about the facts of the case, the circumstances of the offender, the relevant factors that should be taken into account in sentencing, and the type of sentence the offender should receive.

Question 27

Jurisdiction

Answer 27

the lawful authority (i.e. power) of a court, tribunal or other dispute resolution body to decide legal cases

Question 28

original jurisdiction

Answer 28

the power of a court to hear a case for the first time (i.e. not on appeal from a lower court)

Question 29

appellate jurisdiction

Answer 29

the power of a court to hear a case on appeal

Question 30

Magistrates court in reference to jurisdiction

Answer 30

Original jurisdiction
The Magistrates’ Court has jurisdiction to hear summary offences and indictable offences heard and determined summarily. When the accused pleads not guilty, the hearing that is conducted to determine guilt is called a hearing (not a trial).
The Magistrates’ Court also has the power to hear applications in relation to bail and warrants, and to conduct committal proceedings for indictable offences.
Appellate jurisdiction
As the Magistrates’ Court is the lowest court in the Victorian court hierarchy, it is not able to hear any appeals from other courts.

Question 31

County Court in reference to jurisdiction

Answer 31

Original jurisdiction
The County Court hears all indictable offences except those set out in section 36A of the County Court Act 1958 (Vic). That is, the County Court cannot hear cases that involve murder, attempted murder and certain conspiracies. If the accused pleads not guilty, the hearing at which guilt is determined is known as a trial.
Appellate jurisdiction
The County Court can hear criminal appeals against convictions or sentences handed down in the Magistrates’ Court. This means that people can appeal to the County Court if they think they have been wrongly convicted in the Magistrates’ Court and no reasonable magistrate would have convicted them on the facts presented in the case, or their sentence was too harsh. The DPP can also appeal on the basis of a sentence being too lenient.

Question 32

Supreme court (trial division) in reference to jurisdiction

Answer 32

Original jurisdiction
The Trial Division of the Supreme Court has jurisdiction to hear all indictable offences. It generally hears the most serious indictable offences that cannot be heard by the County Court, such as treason, murder and attempted murder. If the accused pleads not guilty, the hearing at which guilt is determined is known as a trial.
Appellate jurisdiction
The Trial Division can hear criminal appeals on questions
of law from cases heard in the Magistrates’ Court. For example, an appeal can be made on a question of whether the magistrate incorrectly applied the law when determining whether an offence was committed.

Question 33

supreme court (court of appeals) in reference to jurisdiction

Answer 33

Original jurisdiction
The Court of Appeal has no original jurisdiction.
Appellate jurisdiction
The Court of Appeal hears appeals from the County Court and the Supreme Court, which are usually determined by three justices. These appeals may question a conviction, the severity or leniency of a sentence, or a question of law. The Court of Appeal’s leave (i.e. consent) is required for the offender, but generally no leave is required for the DPP to appeal to the Court of Appeal against a sentence imposed.
Any further appeals from the Court of Appeal are heard by the High Court of Australia, which is the final appeal court. Leave (permission) is required from the High Court to appeal a decision.

Question 34

Specialised victorian courts

Answer 34

the childrens court (the Family Division, the Criminal Division.)
the coroners court

Question 35

Trial by jury

Answer 35

A trial by jury is a trial by peers in which an impartial group of people are randomly selected to hear the evidence and hand down a verdict as to whether the accused is guilty or not guilty.

Question 36

Acts involving the jury

Answer 36

The Juries Act 2000 (Vic)

Jury Directions Act 2015 (Vic)

Question 37

jury directions

Answer 37

instructions given by a judge to a jury either during or at the end of a trial

Question 38

the role of a jury

Answer 38

• listen to all the evidence
• concentrate during the trial
• piece the evidence together and decide whether the accused is guilty or not guilty

Question 39

beyond reasonable doubt

Answer 39

the standard of proof in criminal cases. This requires the prosecution to prove there is no reasonable doubt that the accused committed the offence

Question 40

unanimous verdict

Answer 40

a jury vote or decision where all the jury members are in agreement and decide the same way (e.g. they all agree the accused is guilty). In a criminal case, this means all 12 jurors are in agreement

Question 41

majority verdict

Answer 41

a jury vote or decision where all but one of the members of the jury agree with the decision. In a criminal trial, this means 11 of the 12 jurors are in agreement

Question 42

the purposes of sanctions:

Answer 42

punishment, deterrence, denunciation, protection and rehabilitation

Question 43

types of sanctions such as

Answer 43

fines, community correction orders and imprisonment

Question 44

punishment

Answer 44

one purpose of a sanction, designed to penalise (i.e. punish) the offender and show society and the victim that criminal behaviour will not be tolerated

Question 45

general deterrence

Answer 45

one purpose of a sanction, designed to discourage others in the community from committing similar offences

Question 46

specific deterrence

Answer 46

one purpose of a sanction, designed to discourage the offender from committing similar offences

Question 47

denunciation

Answer 47

one purpose of a sanction, designed to demonstrate the community’s disapproval of the offender’s actions

Question 48

protection

Answer 48

a sanction, designed to safeguard the community from an offender by preventing them from committing a further offence (e.g. by imprisoning the offender)

Question 49

rehabilitation

Answer 49

a sanction, designed to reform an offender in order to prevent them from committing offences in the future

Question 50

fine

Answer 50

a sanction that requires the offender to pay, an amount of money to the state

Question 51

community corrections orders (CCO)

Answer 51

a non-custodial sanction (i.e. one that doesn’t involve a prison sentence) that the offender serves in the community, with conditions attached to the order

Question 52

A CCO can be imposed if:

Answer 52

A CCO can be imposed if:
• the offence is punishable by more than five penalty units, and
• the offender consents to the making of a CCO.

Question 53

conditions of CCO

Answer 53

• mandatory conditions – conditions that apply to every offender
• Must not commit an offence punishable by imprisonment during the period of the order
• Must report to and receive visits from the community corrections officer
• Must report to the community corrections centre within two clear working days after the order comes into force
• Must notify any change of address or employment
• Must not leave Victoria except with permission
• Must comply with any direction given

• optional conditions – conditions that are specific to an offender.
• Unpaid community work condition: must perform unpaid community work (which must not exceed 600 hours in total)
• Treatment and rehabilitation condition: must undergo treatment and rehabilitation
• Supervision condition: must be supervised, monitored and managed
• Non-association condition: must not contact or associate with a particular person
• Residence restriction or exclusion condition: must live at a particular place
• Place or area exclusion condition: must not enter or remain in a specified
place or area
• Curfew condition: must remain at a particular place between specified hours
of each day
• Alcohol exclusion condition: must not enter or consume alcohol on licensed premises
• Bond condition: must pay an amount of money as a bond that is forfeited if there is a failure to comply with the order
• Judicial monitoring condition: must be monitored by the court
• Electronic monitoring: a monitoring device must be attached to the offender
• Justice plan condition: must participate in services specified in a plan prepared
for the offender

Question 54

imprisonment

Answer 54

a sanction that involves removing the offender from society for a stated period of time and placing them in prison

Question 55

contitions of imprisonment

Answer 55

parole - the supervised and conditional release of a prisoner after the minimum period of imprisonment has been served

Question 56

purpose of imprisonment

Answer 56

recidivism

reoffending; returning to crime after already having been convicted and sentenced

Question 57

factors considered by judges in sentencing

Answer 57

aggravating factors
facts or circumstances about an offender or an offence that can lead to a more severe sentence
mitigating factors
facts or circumstances about the offender or the offence that can lead to a less severe sentence

Question 58

factors in reduing the sentence

Answer 58

Nature and gravity of offence
Early guilty plea
Mitigating factors
Lack of prior offending
Remorse

Question 59

factors in increasing the sentence

Answer 59

Nature and gravity of the offence
Aggravating factors
Previous offending
Impact of the offence on any victim
Injury, loss or damage as a result of the offence

Question 60

drug court

Answer 60

a specialist court that sentences offenders to a drug treatment order where drugs or alcohol contributed to the commission of the offence

Question 61

Koori Court

Answer 61

a division of the Magistrates’ Court, Children’s Court and County Court that (in certain circumstances) operates as a sentencing court for Indigenous people

Question 62

the victoria police act is

Answer 62

the victoria police act 2013

Question 63

types of power

Answer 63

risidual, concurrent and exclusive

Question 64

federal police act is…

Answer 64

the australian police act 1979 (cth)

Question 65

Human rights charter

Answer 65

(the Charter of Human Rights and Responsibilities Act 2006 (Vic))

Question 66

arrest

Answer 66

You can be arrested with or without a warrant once a crime has been committed or if they believe it is necessary. Power of arrest found in Crimes Act 1958 (Vic).

Question 67

Police can arrest without a warrant to ;

Answer 67

Ensure the offender appears in court
Preserve public order
Prevent the continuation or repetition of an offender or the commission of the further offence
Ensure the safety or welfare of the public or the offender.
If police reasonably believe a person has committed an indictable offence
Police can use reasonable force when making an arrest

Question 68

individuals rights

Answer 68

• an individual can refuse to go to the police station unless under arrest
• if a person is arrested they must be informed of the reason under ( Human Rights Charter)
• they must be promptly brought before a court ( plea hearing MC)
• have right to be brought to a trial (before judge and jury of 12)