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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
Director of consumer affairs
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
26
worksafe vic
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
27
ATO
tax fraud prosecute summary and refer indictable to the Cth OPP
28
Australian security and investment commissions
regarding the bosses or those in charge who have breached their duty, for example corruption indictable offences-> OPP
29
institutional powers
the authority given to bodies such as Vic Pol to undertake certain actions
30
arrest- powers PREWAR
Preserve public order Reduce recidivism Ensure safety and welfare Warrants- arrest without one Appearance in court Reasonable force
31
arrest- rights RPRABC
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
questioning- powers
question involvement to the crime and must be reasonable specific to the current case
33
questioning- rights
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
proceedings- powers PNG
police prepare the case and talk to witnesses negotiate an early guilty plea get evidence
35
proceedings- rights hii len c
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
imprisonment- powers DIEE
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
imprisonment- rights RAF RASP
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
vic court hierarchy
high court of australia VSC appeal VSC trial VCC magistrates court coroners,koori and childrens court
39
reasons for a court hierarchy ADAS
administrative convenience doctrine of precedent ability to appeal specialisation and expertise
40
what are the 2 roles of victorian courts
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
magistrates court- original jurisdiction
summary offences indictable heard summarily committal proceedings bail hearings warrants applications
42
magistrates court- appellate juristidction
NA
43
VCC- original juristition
all indictable offences except murder, treason, attempted murder and some conspiracies
44
VCC- appellate jurisdiction
magistrates courts on a conviction or sentence unless by the chief mag
45
VSC trial division- original jurisdiction
serious indictable offences
46
VSC trial division- appellate jurisdiction
from the magistrates court on a point of law unless chief mag
47
VSC appeal division- original jurisdiction
NA
48
VSC appeal division- appellate jurisdiction
magistrates heard by chief mag all VCC or VSC trial
49
childrens court
committed by those between 10-17 years of age- no appellate jurisdiction- intervention orders
50
coroners court
investigation of deaths and fires- no appellate jurisdiction
51
strengths in resolving criminal cases using courts ASIF
ability to appeal specialised courts impartial personel formal court allows for fairness
52
weaknesses of courts in resolving criminal cases MALD
mental health- may decrease appeal isn't automatic but must rather be given leave legal representation is expensive decision making is complex
53
when are juries used
original jurisdiction of VCC and VSC used to determine guilt for indictable offences not used in magistrates, appeals or guilty pleas
54
composition of a jury
15 are empanelled and 3 are reserves randomly selected-> jury form to determine eligibility-> jury summons
55
what are some rules regarding who can sit on a jury panel DIE
disqualified- past history ineligible- part of the legal system excused- too far away, old, financial hardship
56
how is a jury selected
unlimited challenges for a good cause but 3 challenges for no reason- peremptory
57
what is the role of a jury
Guilt must be determined- confidentially listen to all the evidence Evidence is pieced together Concentrate during trial
58
how must guilt be determined
unanimous verdict majority 11/12- unless murder, drugs and treason or commonwealth offences if not its a hung jury- new jury, retrial
59
what do juries do during a case
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
strengths of using a jury in a criminal case CRICE
community involvement responsibility is spread independent and impartial community values are reflected evidence and facts are presented to ensure fairness
61
weaknesses of using a jury in a criminal case BCPER
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
difficulties in the legal justice system- first nations: cultural
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
difficulties in the legal justice system- first nations: linguistic
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
difficulties in the legal justice system- first nations: distrust
may not want to seek help intergenerational trauma prior experiences that these systems work against them resistant to getting justice
65
difficulties in the legal justice system- first nations: financial
may not have enough money to get a legal rep because they don't have a job or something culturally related
66
addressing difficulties: first nations
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
difficulties in the legal justice system- young people: lack of understanding
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
difficulties in the legal justice system- young people: neg effects of custody
hard to overcome the stigma expose to prison and criminal associations reduces positive intervention and rehab increase recidivism last resort
69
difficulties in the legal justice system- young people: other SPF
specialist legal services are lacking psychological barriers- overwhelming lack of formal education- low literacy and awareness
70
addressing difficulties: young people DIYA
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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