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legal unit 1 > ch 7- sanctions > Flashcards

ch 7- sanctions Flashcards

1
Q

DPP

A

the independent
officer responsible for commencing, preparing and conducting prosecutions of indictable offences
on behalf of the State of Victoria

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2
Q

OPP

A

the Victorian public prosecutions office that prepares and conducts criminal proceedings on behalf of the Director of Public Prosecutions

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3
Q

fairness

A

all people can participate in the criminal justice system and its processes should be impartial and open

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4
Q

fairness- impartial processes

A

all court personnel should be unbiased
no apprehended bias from the judge or jury
unconscious bias

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5
Q

fairness: open processes

A

all processes should be open for media scrutiny and for the public to witness justice occurring
the media can report on the outcome of a case and the final judgement of the court
sentencing judgements can be found online
Open Courts Act 2013 VIC
open processes allow for the strengthening of public confidence and maintenance of integrity
but in some cases with kids/sexual offence it remains private

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6
Q

fairness: participation for all LOUPIE

A

Legal representation
Opportunity to know the presented case
Unreasonable delay isn’t tolerated
Prepare a defence
Interpreter
Examine witnesses

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7
Q

fairness: participation for victims GAVV

A

Give evidence differently
Attend court
View sharing
Victim impact statement

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8
Q

equality

A

everyone should be treated the same but if this creates disparity then adequate measures must be implemented to allow all to engage

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9
Q

disparity

A

a situation where two or more things or people are not equal and the inequality causes unfairness

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10
Q

same treatment- formal treatment

A

everybody is treated the same regardless of personal characteristics
prevents flexibility and can cause disparity
e.g. forcing children to engage with the criminal justice system of adults

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11
Q

different treatment- substantive equality

A

it is now widely recognised that sometimes processes must be adjusted so that everyone starts on the same playing field, can give way to an appeal otherwise

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12
Q

what are some ways substantive equality can be achieved COPFIC

A

Cultural differences
Oath
Provide evidence differently
Flexibility
Interpretor
Change court processes

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13
Q

access

A

the ability of everyone to engage with the criminal justice system on an informed basis

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14
Q

access- engagement

A

physical access- the ability to attend courts/appropriate services
technological access- if they can’t attend court they must have adequate virtual or online methods to engage with the criminal justice system
financial access- should be able to defend themselves given the high court has recognised that fairness is inhibited if they don’t have a legal rep- tends to only be accessible to those who can access it

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15
Q

access- informed basis SIRE

A

Support services like VLA
Information- pamphlets and brochures
Representation- legal rep can help to explain
Education- CLC’s run education programs to inform you

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16
Q

Vic Pol overview

A

established in 1853 under the Vic Pol Act 2013 (VIC) and aim to promote safety, security and order

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17
Q

Vic Pol powers

A

summary offences- prosecute in court
indictable offences- investigate, evidence, charge and give to DPP
Vic pol Act- enter and search premises on reasonable grounds

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18
Q

what powers do statutes give Vic Pol

A

Arrest without a warrant with reasonable belief
Take fingerprints
Examine premise and enter if necessary

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19
Q

All Vic Pol powers

A

Look and gather evidence
(paint, drug, fibres, biomaterial)
Examine the crime scene
Talk to victim and witness
Charge those who were involved
Conduct people or property searches
Question possible suspects
Arrest possible accused

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20
Q

what is the role of Vic Pol

A

serve the community and uphold the law
enforce criminal law

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21
Q

AFP

A

established by the AFP act 1979 Cth and is a protective service that involves investigating offences with a federal aspect- crimes against the commonwealth
work with state police

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22
Q

AFP powers

A

arrest without warrant and search someone

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23
Q

AFP types of offences

A

terrorism, war and drugs

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24
Q

delegated bodies

A

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

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25
Q

Director of consumer affairs

A

take action relating to breaches in trading or tenancy law
estate agency act 1960 vic
- regulate real estate agents and those selling properties
- sec 47C states that underquoting is a crime

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26
Q

worksafe vic

A

OHS act 2004
health, safety and welfare of employees and employers to an extent
monitor compliance with the dangerous goods act 1983
works w OPP to prosecute in court

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27
Q

ATO

A

tax fraud
prosecute summary and refer indictable to the Cth OPP

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28
Q

Australian security and investment commissions

A

regarding the bosses or those in charge who have breached their duty, for example corruption
indictable offences-> OPP

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29
Q

institutional powers

A

the authority given to bodies such as Vic Pol to undertake certain actions

30
Q

arrest- powers PREWAR

A

Preserve public order
Reduce recidivism
Ensure safety and welfare
Warrants- arrest without one
Appearance in court
Reasonable force

31
Q

arrest- rights RPRABC

A

refuse going anywhere without knowing why they are arrested
promptly brought before court
reason for arrest
address and name
bail
court proceedings, must understand

32
Q

questioning- powers

A

question involvement to the crime and must be reasonable
specific to the current case

33
Q

questioning- rights

A

right to silence- not guilty, anything they say can and will be used
timely questioning and it must bre reasonable
communicate with a relative/legal rep/interpreter

34
Q

proceedings- powers PNG

A

police prepare the case and talk to witnesses
negotiate an early guilty plea
get evidence

35
Q

proceedings- rights hii len c

A

Heard by a competent and independent court
innocent until proven guilty
informed about the nature of their crime
legal aid/interpreter
enough for defence
no delay
challenge and rebut the evidence
there will also be a committal proceeding for indictable offences

36
Q

imprisonment- powers DIEE

A

decide offenders sanction
impose sanction
examine evidence
(Can open read and inspect letters, arrange med test/drug, seize unauthorised goods and people examination)
electronically monitor them

37
Q

imprisonment- rights RAF RASP

A

Release if innocent
Air- at least an hour a day
Food
Reasonable medical care
At least 30 minute visit
Suitable clothing
Practice religion freely

38
Q

vic court hierarchy

A

high court of australia
VSC appeal
VSC trial
VCC
magistrates court
coroners,koori and childrens court

39
Q

reasons for a court hierarchy ADAS

A

administrative convenience
doctrine of precedent
ability to appeal
specialisation and expertise

40
Q

what are the 2 roles of victorian courts

A

determine a criminal case
(manage cases, hear appeals, provide specialisation)
impose a relevant sanction
(if guilty, there is a plea hearing, submissions made surrounding circumstances, judgement)

41
Q

magistrates court- original jurisdiction

A

summary offences
indictable heard summarily
committal proceedings
bail hearings
warrants applications

42
Q

magistrates court- appellate juristidction

A

NA

43
Q

VCC- original juristition

A

all indictable offences except murder, treason, attempted murder and some conspiracies

44
Q

VCC- appellate jurisdiction

A

magistrates courts on a conviction or sentence unless by the chief mag

45
Q

VSC trial division- original jurisdiction

A

serious indictable offences

46
Q

VSC trial division- appellate jurisdiction

A

from the magistrates court on a point of law unless chief mag

47
Q

VSC appeal division- original jurisdiction

A

NA

48
Q

VSC appeal division- appellate jurisdiction

A

magistrates heard by chief mag
all VCC or VSC trial

49
Q

childrens court

A

committed by those between 10-17 years of age- no appellate jurisdiction-
intervention orders

50
Q

coroners court

A

investigation of deaths and fires- no appellate jurisdiction

51
Q

strengths in resolving criminal cases using courts ASIF

A

ability to appeal
specialised courts
impartial personel
formal court allows for fairness

52
Q

weaknesses of courts in resolving criminal cases MALD

A

mental health- may decrease
appeal isn’t automatic but must rather be given leave
legal representation is expensive
decision making is complex

53
Q

when are juries used

A

original jurisdiction of VCC and VSC used to determine guilt for indictable offences
not used in magistrates, appeals or guilty pleas

54
Q

composition of a jury

A

15 are empanelled and 3 are reserves
randomly selected-> jury form to determine eligibility-> jury summons

55
Q

what are some rules regarding who can sit on a jury panel DIE

A

disqualified- past history
ineligible- part of the legal system
excused- too far away, old, financial hardship

56
Q

how is a jury selected

A

unlimited challenges for a good cause but 3 challenges for no reason- peremptory

57
Q

what is the role of a jury

A

Guilt must be determined- confidentially
listen to all the evidence
Evidence is pieced together
Concentrate during trial

58
Q

how must guilt be determined

A

unanimous verdict
majority 11/12- unless murder, drugs and treason or commonwealth offences
if not its a hung jury- new jury, retrial

59
Q

what do juries do during a case

A

the judge will explain law to the jury
jury will consider the evidence and the law to make a decision
the jury directions act passed in 2015 clarifies and simplifies what the jury does- legal requirements about directions given to a jury in sexual and family violence offences

60
Q

strengths of using a jury in a criminal case CRICE

A

community involvement
responsibility is spread
independent and impartial
community values are reflected
evidence and facts are presented to ensure fairness

61
Q

weaknesses of using a jury in a criminal case BCPER

A

biases can influence deliberations
community members- some are prevented
delays as legal jargon must be explained
evidence may be complicated and significant
reasons dont have to be provided, question of accuracy

62
Q

difficulties in the legal justice system- first nations: cultural

A

customary law differs from australian cultures
their norms practices and beliefs are different
lack of elders and respected persons
may feel intimidated, illequipped, resentful
if not culturally trained there may be a miscarriage of justice
no culturally appropriate sentencing options
no culturally safe sentencing practices

63
Q

difficulties in the legal justice system- first nations: linguistic

A

aboriginal english- may require an interpreter
direct questioning
- may come across as inappropriate or impolite
- group agreement and storytelling
- eye contact is impolite
- prefer prolonged silence

64
Q

difficulties in the legal justice system- first nations: distrust

A

may not want to seek help
intergenerational trauma
prior experiences that these systems work against them
resistant to getting justice

65
Q

difficulties in the legal justice system- first nations: financial

A

may not have enough money to get a legal rep because they don’t have a job or something culturally related

66
Q

addressing difficulties: first nations

A

Funding is dedicated to ATSI legal aid to ensure professional and culturally appropriate legal services are avaialble
Specialised courts
Cultural competence training
Self determination initiatives

67
Q

difficulties in the legal justice system- young people: lack of understanding

A

can’t understand due to complexities
adult oriented system
insufficient communication skills, expertise, knowledge and experiencde
hard without a lawyer/guardian
must ensure there are free lawyers available

68
Q

difficulties in the legal justice system- young people: neg effects of custody

A

hard to overcome the stigma
expose to prison and criminal associations
reduces positive intervention and rehab
increase recidivism
last resort

69
Q

difficulties in the legal justice system- young people: other SPF

A

specialist legal services are lacking
psychological barriers- overwhelming
lack of formal education- low literacy and awareness

70
Q

addressing difficulties: young people DIYA

A

diversion programs to redirect
intermediaries assist in communication
youth law is a dedicated legal centre for those under 25
age of criminal responsibility might be increased

legal unit 1 (7 decks)

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