C11 Sanctions AOS1

Question 1

Fairness

Answer 1

Treatment or behaviour without favoritism or discrimination free from bias or injustice. This means having fair and impartial processes and a fair hearing or trial, parties in a legal case should have an opportunity to know the facts of the case and have the opportunity to present their side of events.

Question 2

Equality

Answer 2

The state of being equal, especially in status, rights, or opportunities. This means that anyone should be equal before the law and have an equal opportunity to present their case as anyone else without advantage or disadvantage (e.g. allowing both parties legal representation).

Question 3

Access

Answer 3

Access means making legal procedures available to everyone, including having contact with bodies of institutions that provide legal advice, education, information, and assistance. Access is ensuring everyone has access to the law in light of financial, physical, mental, or social disadvantages they may face.

Question 4

Principles of justice

Answer 4

The fundamental or basic ideas and values that try to promote just treatment and outcomes in our legal system. The principles of justice are used to determine whether or not justice has been achieved.

Question 5

Criminal law

Answer 5

An area of law that defines behaviours and conduct that are prohibited (i.e. crimes) and outlines sanctions (i.e. penalties) for people who commit them.

Question 6

Rule of law

Answer 6

The principle that everyone in society is bound by the law and must obey the law, and that laws should be fair and clear, so people are willing and able to obey them.

Question 7

Institutional powers

Answer 7

The authority (i.e. power) given to bodies to undertake certain actions that enable them to investigate crime and bring offenders to justice.

Question 8

Arrest

Answer 8

When a law enforcement officer detains a suspect in police custody based on probable cause that the accused has been charged with committing an offence.

Question 9

Bail of justice

Answer 9

A volunteer who works within the justice system, generally outside normal court operating hours, to hear applications for bail, remand and interim or temporary accommodation orders relating to children.

Question 10

Questioning

Answer 10

The process of questioning a suspect to determine what involvement, if any they had in the offence.

Question 11

Bail

Answer 11

The release of an accused person from custody on the condition that they will attend their court hearing to answer the charges.

Question 12

Plea bargaining

Answer 12

The practice of negotiating an agreement between the prosecution and the defense whereby the defendant pleads guilty to a lesser offence or (in the case of multiple offences) to one or more of the offences charged in exchange for more lenient sentencing.

Question 13

Committal hearing

Answer 13

Court hearings are held in the Magistrates’ Court to decide whether there is sufficient evidence against an accused person charged with a serious criminal offence to order them to face trial in a higher court.

Question 14

Imprisonment

Answer 14

The removal of the offender from society and into a secured facility known as a jail or prison. For category 1 offences (e.g. murder, rape, and incest) imprisonment is the only option as a sanction.

Question 15

List three rights of induvials in regards to imprisonment

Answer 15

The right to be in the open air for at least an hour each day;
The right to be provided with adequate food and, where necessary, special, dietary food;
The right to receive at least one half-hour visit a week;

Question 16

List three rights of induvials in regards to court proceedings

Answer 16

Be presumed innocent until proven guilty;
Have adequate time and facilities to prepare a defence;
Be tried without unreasonable delay;

Question 17

List three rights of induvials in regards to questioning

Answer 17

The person has a right to an interpreter;
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 18

List three rights of induvials in regards to arrest

Answer 18

An individual can refuse to attend a police station unless they are under arrest;
If a person is arrested, they must be informed of the reason for the arrest at the time of the arrest;
A person does not need to say anything when arrested other than providing their name and address;

Question 19

List the two commonwealth delegated bodies

Answer 19

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

Question 20

List the six Victorian delegated bodies

Answer 20

Consumer Affairs Victoria
Environment protection authority Victoria (EPA)
Local councils (municipal council)
State revenue office (SRO)
VicRoads
Victorian WorkCover Authority (WorkSafe Victoria)

Question 21

Delegated bodies

Answer 21

Delegated bodies refer to those laws made by persons or bodies to whom parliament has delegated law-making authority in which legislation is made not directly by an Act of the Parliament but under the authority of an Act of the Parliament.

Question 22

Victorian Police

Answer 22

Victorian Police enforce criminal law relating to indictable offences and most summary offences in Victoria. Their role in enforcing criminal law is to arrest accused persons, charge people with the offences that most fit the crime, and/or question possible suspects.

Question 23

Police

Answer 23

The role of the Police is to serve the Victorian community and to uphold the law to promote a safe, secure, and orderly society.

Question 24

Australian Federal Police

Answer 24

The Australian Federal Police (AFP) investigates offences that have a federal aspect which include offences that are against the law of the Commonwealth or a territory.

Question 25

By-laws

Answer 25

Local laws or regulations made by local councils that apply to residents in local areas given authority by the Victorian Parliament under the Local Government Act of 1989 (Vic). For example, laws relating to building and planning permits and childcare centers.

Question 26

List the four reasons for court hierarchy

Answer 26

Specialisation or expertise, appeals, doctrine of precedent, and administrative convenience;

Question 27

Specialisation and expertise

Answer 27

Courts develop expertise in the types of cases that come before them through determining similar cases frequently. Specialisation allows for more consistency when determining cases as judges have expertise in the cases that come before them.

Question 28

Appeals

Answer 28

An appeal is an application to have a higher court review a ruling made by a lower court. The court hierarchy allows parties to appeal if there are dissatisfied with the decision handed down in a lower court.

Question 29

Doctrine of precedent

Answer 29

Precedent allows for more consistency when determining cases as judges in lower courts are guided by the expertise and experience of judges in higher courts.

Question 30

Administrative convenience

Answer 30

Courts have different jurisdictions which allow for efficiency in the way that cases are heard.

Question 31

Precedent

Answer 31

The rule that a legal principle that has been established by a superior court should be followed in other similar cases by that court and other courts. The doctrine of precedent was developed to promote consistency in decision-making by judges on the basis that like cases should be determined in a like manner.

Question 32

What is the role of Victorian courts

Answer 32

The role of the Victorian courts in criminal cases is to determine a criminal case (deciding whether the accused is guilty), and to impose a sanction (if a person has been found or has pleaded guilty). As part of the court’s role in determining the guilt of an accused the court manages the case.

Question 33

What does it mean for a court to determine a criminal case?

Answer 33

If an accused pleads not guilty, the courts determine whether the accused is guilty by a hearing. If the accused is charged with an indictable offence the case first goes to the Magistrates court for a committal hearing. After this, it goes to the county or supreme court. This process acts as a filter to ensure that only the strongest cases use the resources of the higher courts.

Question 34

What does it mean for a court to impose a sanction?

Answer 34

If an accused is found guilty, or the magistrate’s jury finds the accused guilty a plea hearing is set in which facts relevant to sentencing are presented. Following the plea hearing, the judge or magistrate then hands down a sanction.

Question 35

Jury

Answer 35

An independent group of 12 randomly chosen to decide on the evidence in a legal case and reach a decision or verdict.

Question 36

What does it mean for a court to perform case management?

Answer 36

A method used by courts and tribunals to control the progress of legal cases more effectively and efficiently. Case management generally involves the person presiding over the case (e.g. the judge) making orders and directions (e.g. an order that parties attend mediation) in the proceeding so that delays can be managed.

Question 37

Jurisdiction

Answer 37

A court’s power to hear and decide certain legal disputes.

Question 38

Original jurisdiction

Answer 38

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

Question 39

Appellate jurisdiction

Answer 39

The power of a court to hear a case on appeal.

Question 40

Trial by jury

Answer 40

A type of trial by peers in which an impartial group of 12 randomly selected people hears evidence and hands down a decision or verdict.

Question 41

Jury directions

Answer 41

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

Question 42

How is a jury composed?

Answer 42

Individuals aged 18 and over who are enrolled to vote in Victoria are qualified and liable for jury service and are selected at random and then sent a questionnaire by the Juries Commissioner to determine their eligibility for jury service. An eligible member is sent a jury summons requiring them to attend court at a specified date although not all people summoned may end up on a jury.

Question 43

Unanimous verdict

Answer 43

A jury verdict where all the jury members (i.e. all 12 jurors) are in agreement and decide the same way (e.g. all agree the accused is guilty).

Question 44

Majority verdict

Answer 44

A jury verdict where all but one of the members of the jury agree with the decision. This means that 11 of the 12 jurors are in agreement. Majority verdicts are allowed for criminal offences other than murder, treason, trafficking or cultivating a large commercial quantity of drugs, and for Commonwealth offences

Question 45

Hung jury

Answer 45

If a majority verdict cannot be reached there is a hung jury meaning that the accused has not been found either guilty or not guilty and can be tried at a later date.

Question 46

Sanctions

Answer 46

A penalty imposed by a court on a person guilty of a criminal offence (e.g. a fine or a prison sentence).

Question 47

The principle of parsimony

Answer 47

A sentencing judge must take the five purposes set out in the Sentencing Act into consideration when imposing a sentence but must not impose a sentence that is more severe than necessary to achieve the purpose of the sentence imposed.

Question 48

Punishment

Answer 48

A purpose of sanctions is to punish (i.e. penalise) the offender so that the victims and their families feel a sense of retribution without needing to take law into their own hands, therefore, jeopardising social cohesion. This is achieved through the courts imposing a sanction such as imprisonment.

Question 49

Deterrence (including general, and specific)

Answer 49

Aims to discourage the offender and others in society from committing the same or similar offences by imposing a penalty that is severe enough that the offender and others can see the serious consequences of committing it.

A general deterrent is one that discourages people in general from committing a crime whereas a specific deterrent is aimed at stopping a particular offender who is being sentenced from repeating the offence.

Question 50

Denunciation

Answer 50

When a court imposes a sentence that is harsh enough to show its disapproval. The purpose of denunciation sanctions is often emphasised in cases involving offending that could be undertaken by many members of the society (e.g. tax fraud).

Question 51

Protection

Answer 51

Seeks to ensure the safety of society by preventing the offender from harming again. By serving a term imprisonment, the offender is removed from society therefore disallowing them to commit the same or any more harmful acts ensuring the safety of all members of the community.

Question 52

Rehabilitation

Answer 52

This sanction helps offenders reform and change their ways in providing opportunities in the form of education, training, assistance, and support. This method aims to decrease crime rates and prison costs and to help offenders grasp the chance for a better future.

Question 53

List the types of sanctions

Answer 53

Fines, community correction order (CCO), and imprisonment

Question 54

Fines

Answer 54

A monetary penalty that is paid by the offender to the state that is expressed in penalty units ranging from 1 to 3000 penalty units, with one penalty unit being approximately 184 dollars.

Question 55

Community correction order (CCO)

Answer 55

A sanction that requires the offender to comply with certain conditions attached to order with at least one additional optional condition while being able to remain in the community while serving the sanction (e.g. perform unpaid community work).

Question 56

Mandatory conditions

Answer 56

Conditions that apply to every offender (e.g. must not commit an offence punishable by imprisonment during the order period or must notify any change of address or employment.

Question 57

Optional conditions

Answer 57

Optional conditions are that those are specific to an offender (e.g. a supervision condition which states they must be supervised, monitored, and managed, or a curfew condition which states they must remain at a particular place between specified hours).

Question 58

Parole

Answer 58

Supervised and conditional release of a prisoner for good behaviour after the minimum period of imprisonment has been served.

Question 59

Cumulative sentence

Answer 59

A cumulative sentence, or consecutive sentence, is one that does not begin to run until the expiration of a prior sentence. For example, if an offender is given three years for burglary and one year for stealing, they would serve four years.

Question 60

Concurrent sentencing

Answer 60

Concurrent sentences are served at the same time or simultaneously. For example, if an offender is given three years for burglary and one year for stealing, they would serve three years because the sentenced is served at the same time.

Question 61

Recidivism

Answer 61

Reoffending, returning to a crime after already having been convicted and sentenced.

Question 62

List factors that reduce a sentence imposed by a judge

Answer 62

The nature and gravity of the offence, early guilty plea, mitigating factors, lack of prior offending, and remorse;

Question 63

List factors that may increase a sentence imposed by a judge

Answer 63

The nature and gravity of the offence, aggravating factors, previous offending, the impact of the offence on any victim, and injury, loss, or damage as a result of the offence;

Question 64

Aggravating factors

Answer 64

Facts or circumstances about an offender or an offence that can lead to a more serious or severe sentence.

Question 65

Mitigating factors

Answer 65

Facts or circumstances about the offender or the offence that can lead to a less severe sentence.

Question 66

Therapeutic justice

Answer 66

A method used to deal with offenders in a way that addresses the underlying causes of crime and seeks to provide offenders with support to avoid further offending.

Question 67

Drug treatment order (DTO)

Answer 67

A rehabilitative order that provides judicially supervised, therapeutically orientated drug or alcohol treatment. The DTO consists of core conditions that are mandatory to any order (e.g. must undergo treatment for drug or alcohol dependency) and program conditions that may be imposed (e.g. must submit to drug and alcohol testing).

Question 68

Diversion programs

Answer 68

Available in the Magistrates and children’s court for summary offences and is a way to deal with criminal matters without court by placing an offender on a plan or program instead of entering a plea of being found guilty. If the offender complies with certain conditions they can avoid a criminal record.

Question 69

The Drug Court

Answer 69

The Drug Court deals will offenders who commit crime while under the influence of drugs or to support a drug habit by a drug treatment order (DTO).

Question 70

Who is eligible for the Drug Court?

Answer 70

Offenders eligible are those who plead guilty on the offence, reside within an area serviced by a Drug Court, and or the offence must not be a sexual offence or an offence that involved bodily harm.

Question 71

Who is eligible for the Koori Court?

Answer 71

Offenders eligible must be Aboriginal or Torres Strait Islander, must not be a sexual offence, and the accused intends to plead guilty, and the offence must be within the jurisdiction of the relevant court.

Question 72

Who is eligible for diversion programs?

Answer 72

Offenders eligible must acknowledge to the Magistrates Court responsibility for the offence, both prosecution and the accused must consent to the matter being diverted, and it must be appropriate to the court that the accused participate in the program.

Question 73

What must diversion programs include?

Answer 73

Diversion programs must include treatment (e.g. counselling or drug and alcohol treatment), a written letter of apology to the victim, compensation to the victim, and some form of service or community work.