AOS3 Flashcards
List 5 roles of Victoria Police
- Preserving the Peace
- Protecting life and property
- Preventing the commission of offences
- Detecting and apprehending offenders
- Helping those in need of assistance
Role of the Australian Federal Police
(AFP)
They investigate and enforce offences that have a federal aspect (offences that are against the law of the Commonwealth or a territory)
Role of the Protective Services Officers (PSO’s)
Protective Services Officers (PSOs) are a group of uniformed and armed officers who have broad powers to apprehend, arrest, search and fine people
Difference between PSO and Police Officers
The main difference between a PSO and a police officer is where they work. A PSO will work in a designated area eg. Railways stations
Definition of Delegated Bodies
Bodies that are given authority by Parliament (Victorian or Commonwealth) to make or enforce criminal laws are called delegated bodies
3 Examples of Delegated Bodies
- Vic Roads
- Australian Taxation Office
- Local Councils
3 Reasons of Delegated Bodies
- Time
- Expertise
- Local Knowledge
Expand on ‘Preserving the Peace’ on the role of Victoria Police
Allowing the community to undertake their normal lives confidently and safely without fear
Expand on ‘Protecting life and property’ on the role of Victoria Police
Police have a number of departments dedicated to saving life and property including Water Police, The Air Wing and Missing Persons Squad
Expand on ‘Preventing the commission of offences’ on the role of Victoria Police
Preventing crime, deterring people from committing crime and educating the public
Expand on ‘Detecting and apprehending offenders’ on the role of Victoria Police
Most police resources are used to detect and investigate crime
Expand on ‘Helping those in need of assistance’ on the role of Victoria Police
Beyond law enforcement eg. Acting in emergencies to save lives
Expand on the Example of Delegated Bodies ‘Vic Roads’
authority to prosecute certain road and traffic offences. Can issue infringement notices for breached of road rules
Expand on the Example of Delegated Bodies ‘Australian Taxation Office’
Investigate serious tax-related fraud offences. They can prosecute those who fail to or fraudulently lodge tax returns
Expand on the Example of Delegated Bodies ‘Local Councils’
Create by-laws for the local area, such as the issuing of permits and fines (parking) etc
Expand on the Reason for Delegated Bodies ‘Time’
Parliament does not have the time to make every law or regulation
Expand on the Reason for Delegated Bodies ‘Expertise’
Parliament does not have the expertise or technical knowledge to make certain law
Expand on the Reason for Delegated Bodies ‘Local Knowledge’
Parliament does not have the local knowledge to make laws that would reflect the needs of all communities
Define Police Powers
Powers that can be excercised by police to assist them in carrying out their duties
Define Individual Rights
Rights belonging to people when they are interacting with the justice system
Define a Warrant
A court order that gives police permission to carry out their duties
List the 5 individual rights
- Refuse to attend a police station
- Giving Name and Address
- Right to Silence
- Right to Legal Represenatation
- Righ to a phone call
Expand on Refusing to attend a police station
Individual Right
Individuals can refuse to attend the police station unless they are under arrest
Expand on Giving Name and Address
Individual Right
You can refuse to answer police questions but you must provide your name and address if it is believed you have committed an offence, are about to commit, or could assist in the investigation of a serious offence
Expand on Right to Silence
Individual Right
Innocent until proven guilty, do not have to prove your innocence
Expand on the Right to Legal Representation
Individual Right
A person can ask for legal representation at any time, no matter if they are a suspect, witness or victim
Expand on the Right to a Phone Call
Individual Right
A person who is being questioned or under arrest has the right to notify a family member/friend as to their location
Police can obtain a warrant to search premises if they believe it is necessary to:
3 points
- Secure Evidence
- Obtain something that is intended to be used in an offence
- Recover stolen goods
Police can search premises without a warrant if the owner agrees to the search or if they believe they will find a person who has:
- Committed a serious indictable offence
- Escaped from custody
- Is committing a serious indictable offence
Police can also search without a warrant if:
- A person with mental impairment may harm themselves/someone else
- Illegal drugs
- Breach of an intervention order
If a person is under arrest police can search:
Police Powers - Search People
the body, clothing or property in possession of a person under arrest
Power to stop and search:
Police Powers - Search People
Any person or anything in possession of a person or a vehicle as long as it is under reasonable grounds to conduct a search
Weapons
Police Powers - Search People
May seize and detain any item that is suspected to be a weapon
Police may make an arrest without a warrant if that person is:
5 points
- Found to be committing an offence
- Reasonable believed to have committed an indictable offence
Or to: - Preserve public order
- Prevent the continuation of an offence
- Ensure the safety and welfare of the public
Police can use … when making an arrest
reasonable force
List the 3 court powers
- Decide on admissibility as evidence
- Request the accused to be remanded
- DPP right to prosecute offenders
Expand on the courts’ powers to decide on the admissibility of evidence
Court Powers
The court can decide what evidence will and will not be allowed to be presented
Explain how the court can request the accused to be remanded
Court Powers
During pre-trial, the prosecution may request the accused to be held in custody, however it must be proved bail should not be granted
Explain the DPP right to prosecute offenders
Court Powers
Presenting evidence and witnesses which can be cross examined by the acccused
Why must police powers and individual rights be balanced?
Police powers and individual rights must be balanced to ensure that no institution or individual has all the power. Police need enough power to investigate crimes effectively whilst respecting and upholding the individual rights of people within the community
Outline the Original Criminal Jurisdiction of the Supreme (Court of Appeal)
No original Jurisdiction (Appeals Court Only)
Outline the Original Criminal Jurisdiction of the Supreme (Trial Division)
Most serious indictable offences such as murder, treason and murder related offences.
Outline the Original Criminal Jurisdiction of the County Court
All indictable offences except murder, treason and murder related offences.
Outline the Original Criminal Jurisdiction of the Magistrates’ Court
Summary offences
Indictable offences heard summarily
Committed proceedings
Warrants and Bail Applications
Outline the Appellate Criminal Jurisdiction of the Supreme Court (Court of Appeal)
From SC (TD) : All Appeals
From CC : All Appeals
Outline the Appellate Criminal Jurisdiction of the Supreme Court (Trial Division)
From MC : Point of Law
Outline the Appellate Criminal Jurisdiction of the County Court
From MC : Against conviction and against sentence
Outline the Appellate Criminal Jurisdiction of the Magistrates’ Court
No Appellate Jurisdiction (No one to appeal from)
State the definition of Jurisdiction
Each court has a jurisdiction or a list of cases it can hear.
Most courts will have both an original jurisdiction (cases being heard for the first time) and an appellate jurisdiction (cases being heard on appeal)
Most. courts also have a criminal jurisdiction (crimes) and a civil jurisdiction (torts)
Define Court Hierarchy
A ranking of courts with the highest (those hearing the most serious offences) at the top and the lowest (those hearing less serious offences) at the bottom.
Define Committal Proceedings
Criminal pre-trial procedures that occur in the Magistrates’ Court for all indictable offences.
What are the two reasons for the Victorian Court Hierarchy
- Specialization
- Appeals
Define Specialization
Reason for Victorian Court Hierarchy
The court hierarchy allows courts to develop expertise in particular areas of criminal law by ranking them in order of higher to lower and assigning each court with a specific jurisdiction. This means courts regularly conduct hearings/trials of a particular type of matter, enabling court staff and judges to develop expertise in dealing with these matters, creating consistency and fairness.
Define Appeals
Reason for Victorian Court Hierarchy
The court hierarchy allows for decisions of lower courts to be reviewed by higher ranking courts with more authority and expertise to overturn decisions through appeals. This allows both parties to correct errors in law, conviction or sentence made by lower ranking courts, which establishes a fair process.
When do committal proceedings occur and what is their main purpose?
Prior to trial, to determine whether there is evidence of sufficient weight for a jury to convict the accused.
What happens if there is evidence of sufficient weight/insufficient weight?
If there is not, the case will not go to trial and the accused is free.
If there is, the accused will face trial for their indictable offence.
