Ch. 8 Sac Study

Question 1

What are 4 purposes of criminal pre-trail procedures?

Answer 1

• protect the rights of the accused - treated innocent until proven guilty
• provide rights to the police (to facilitate police investigation)
• determine how the accused wishes to plea
• determine whether a trial should proceed (prima facie case)

Question 2

who can bail be granted by? (3)

Answer 2

a police officer - at police station when person charged

a magistarte - at bail hearing in mag court

a bail justice - appointed by attorney general to decide whether accused person eligible for bail

Question 3

what are 4 conditions of bail?

Answer 3

• reporting to police station
• residing at a particular address
• submitting to a curfew
• the accused surrounds his/her passport

Question 4

What is the purpose of bail? (2)

Answer 4

• to allow accused to go free until hearing or trial, so they are presumed innocent until proven guilty
• allow person time out of custody to best prepare case

Question 5

what are 3 reasons bail may be refused?

Answer 5

if the person is:

• charged with murder or treason
• is likely to abscond
• considered to pose an unacceptable risk to society

Question 6

what is the purpose of remand? (3)

Answer 6

• to protect the community against the actions of an accused as the accused is prevented from reoffending
• ensures accused will appear at next hearing
• prevent accused from interfering w/ witnesses

Question 7

what is the hand-up-brief used in committal proceedings?

Answer 7

contains written statements (has largely eliminated need for oral evidence)

Question 8

what are the 4 purposes of committal proceedings?

Answer 8

• determine if the case should proceed (establishing whether prima facie case exists)
• ensure a fair trial (if matter proceeds) by ensuring accused is aware of prosecutions case against them
• clarify the issues in dispute
• determine how the accused proposes to plead

Question 9

what are the general purposes of criminal sanctions?

Answer 9

punish
deter
rehabilitate 
denunciate 
protect

Question 10

what will the judge consider when deciding an appropriate sentence? (4)

Answer 10

• the max penalty prescribed for the offence
• the nature and gravity of the offence
• guilty or not guilty plea
• age

Question 11

what are 3 strengths of bail?

Answer 11

• remand is expensive for state gov.
• uphold the rights of accused persons by treating them asinnocent until they are proven guilty.
• prevents person from being exposed to prison and decreases the likelihood they will offend again (42% recidivism rate)

Question 12

what are 3 weaknesses of bail?

Answer 12

• risk they may not appear at the next hearing.
• making an application for bail can be time consuming and stressful
• there is a risk the accused will reoffend or cause harm to community

Question 13

what are 3 strengths of remand?

Answer 13

• ensures justice can be done by guaranteeing accused will appear at next hearing
• remand can protect society
• can ensure that witnesses are protected and evidence is not impeded

Question 14

what are 3 weaknesses of remand?

Answer 14

• can risk them reoffending because if you go to prison, likely to go back
• doesn’t uphold presumption of innocence
• expensive for state government

Question 15

what are 3 strengths of committal hearings?

Answer 15

• helps to save time and resources of higher courts
• committal process allows accused to be informed of prosecutions case against them
• the accused can test the strength of the prosecutions case

Question 16

what are 3 weaknesses of committal hearings?

Answer 16

• complicated, w/o legal aid accused may find hard to understand
• can contribute to the stress and inconvenience experienced by the parties + increased costs for legal rep
• can be considered unnecessary for stronger cases

Question 17

what is the purpose of a fine? (5)

Answer 17

• punish by taking money
• specific deterrence for offender, general deterrence because possibility of fine
• unlikely to help rehabilitate offender
• denunciation when a large fine is imposed
• doesn’t usually protect society

Question 18

what is the purpose of a CCO? (5)

Answer 18

• punish as it demands time of offender
• specific deterrence by requiring individual to undertake community work
• rehabilitate by attaching conditions such as treatment for drug abuse
• denunciate if maximum CCO is given
• protect by occupying time of offender

Question 19

what is the purpose of imprisonment? (5)

Answer 19

• punish because most severe sentence and denies offenders freedom/liberty
• general deterrence as community don’t want to commit crime, not as effective as specific because 42% go back to prison
• opportunity to rehabilitate and undergo treatment for underlying cause of offence
• denunciate by showing courts disapproval, can further denunciate by giving most severe sentence
• protects community as offender is held in custody

Question 20

What are 2 processes that help achieve timely resolution of disputes?

Answer 20

committal proceedings - ensure there is sufficient evidence to support a conviction by jury. means superior courts not being clogged up with cases unlikely to succeed (saves time for legal system)

directions hearings - designed to speed up processes by having some issues resolved before the trial begins

Question 21

what are 2 process that hinder timely resolution of disputes?

Answer 21

committal proceedings - can add to delays experienced in some cases

Granting bail is a long and slow process

Question 22

what is 1 recent change to help the timely resolution of disputes?

Answer 22

weekend bail and remand court - reduces backlog of cases during the week

Question 23

what is 1 recommendation for change and how would this help timely resolution of disputes?

Answer 23

expansion of the weekend operation of the Melbourne mag court - to other locations to enable greater speed in dealing with applications

Question 24

what are 2 processes that help achieve entitlement to a fair and unbiased hearing?

Answer 24

committal proceedings - enables accused to learn of prosecutions case against them, helping prepare defence, putting them on equal footing w/ prosecution

police investigation - police powers (questioning, searches) are balanced against individual rights (right to contact legal rep) which makes sure people are treated equally and fairly by the police

Question 25

what are 2 processes that hinder entitlement to a fair and unbiased hearing?

Answer 25

bail - accused may not be granted bail, even though not yet found guilty of crime

bias - media coverage leading up to trial make it difficult for jury members not to form bias about guilt/innocence of accused

Question 26

what is 1 recent change that helps entitlement to a fair and unbiased hearing?

Answer 26

double jeopardy rule - acquitted person able to be retried in limited circumstance (compelling new evidence), in interest of justice and will result in a fair retail

Question 27

what is one recommendation for change to help entitlement to a fair and unbiased hearing?

Answer 27

Expansion of the Koori Court - in other locations of the mag and sup court, as it allows for a fairer hearing for indigenous australians who remain over-represented in criminal justice system

Question 28

what are 2 processes that help achieve effective access to the legal system?

Answer 28

appeals - party is able to appeal unfair decision provided they can establish grounds for appeal

legal aid - can offer legal advice and representation to people charged with criminal offences

Question 29

what are 2 processes that hinder effective access to the legal system?

Answer 29

geography - distance can affect ability of people in rural areas to gain access to face-to-face legal services

cost - high cost of legal rep. to obtain legal aid they must be means-tested so may not be granted

Question 30

what is one recent change to help effective access to the legal system?

Answer 30

Magistrates Court of Victoria weekend sittings - makes it easier for people to attend court out of work hours

Question 31

what is one recommendation for change to help effective access to the legal system?

Answer 31

Expansion of the weekend court - to other locations, will make it easier for people to attend court out of work hours

Question 32

What are 3 police powers?

Answer 32

• Right to ask persons name and address
• Question a suspect for a reasonable time
• Ask suspect to accompany them to police station

Question 33

What are 3 individual powers?

Answer 33

• Right to remain silent other than name and address
• Right to be presumed innocent until proven guilty
• Right to not be in an identification parade

Question 34

what are 2 general conditions and 2 special conditions that can be attached to a CCO?

Answer 34

general:
- offender does not commit another offence punishable by imprisonment
- notifies an officer of a change of address

special:
- rehabilitation
- curfew