Chap 11: Sanctions Flashcards
Institutions that enforce criminal law: Victoria Police
serve the Victorian community and uphold the law to promote a safe, secure and orderly society. main institution that enforces criminal law relating to indictable offences and most summary offences in Victoria.
Institutions that enforce criminal law: Australian Federal Police
The role of the AFP is to investigate and enforce offences that have a federal aspect. Offences that have a federal aspect include those offences that are against the law of the Commonwealth or a territory.
Institutional Powers and Individual Rights: Questioning
an investigating official has the power to question that person within a reasonable time. However, to balance out this power, rights are given to a person who is questioned:
• the person has a right to an interpreter if the person does not have sufficient knowledge of English language
• communications with the person’s legal practitioner must be such that the communication will not be overheard
Institutional Powers and Individual Rights: Court proceedings
Many bodies have the power to commence criminal action against an accused In those proceedings, however, the accused also has certain rights including the right to:
• be presumed innocent until proven guilty
• have adequate time and facilities to prepare the defence
• be tried without unreasonable delay
Institutional Powers and Individual Rights:
Imprisonment of the offender
the court has the power to imprison the person for a period of time. However, every prisoner has certain rights under Section 47 of the Corrections Act:
• the right to be provided with suitable clothing
• the right to have access to reasonable medical
• the right to receive at least one half-hour visit
a week.
The role of Victorian courts
determine a criminal case - If accused pleads not guilty, then courts determine if accused is guilty by managing and hearing criminal proceedings. Will be determined at a hearing in the Magistrates’ Court for a summary offence, or at a trial in the County Court or Supreme Court for indictable offence.
impose a sanction - If accused pleads guilty, or is found guilty, then court will set a date for the plea hearing.
The criminal jurisdiction of the Victorian courts: magistrate
original jurisdiction • Summary offences • Indictable offences heard summarily • Committal proceedings • Bail and warrant applications appellate jurisdiction • nil
The criminal jurisdiction of the Victorian courts: County Court
original jurisdiction
• Indictable offences except for murder, attempted murder, certain conspiracies, corporate offences
appellate jurisdiction
• From the Magistrates’ Court
The criminal jurisdiction of the Victorian courts: Supreme Court (Trial Division)
original jurisdiction
• Serious indictable offences
appellate jurisdiction
• From the Magistrates’ Court on a question of law
The criminal jurisdiction of the Victorian courts: Supreme Court (Court of Appeal)
original jurisdiction
• No original jurisdiction
appellate jurisdiction
• From the County Court or the Supreme Court (with leave)
Basics of the jury
- The selection of the jury is random. Persons aged 18 years or over who are enrolled to vote in Victoria are qualified for jury service. Will be sent a questionnaire by the Juries Commissioner
- Criminal juries are used in the original jurisdiction of the County Court and Supreme Court. That is, criminal juries are used to determine the guilt of an accused person who is charged with an indictable offence.
- some people may be excused or challenged to be on a jury.
Jury: Ineligible
can’t serve as jurors because of their occupation. This includes people who in the last 10 years have worked as governors, police officers, legal aids etc. People who cannot understand or effectively take part in the proceedings are also ineligible.
Jury: Excused
People can apply to the Juries Commissioner to be excused from jury duty if they have a good reason. Possible reasons include ill-health, excessive inconvenience to get to the court, substantial hardship in attending court, or having to care for dependents.
The purposes of sanctions: punishment
a strategy designed to penalise (i.e. punish) the offender and show society and the victim that criminal behaviour will not be tolerated
The purposes of sanctions: Deterrence
The law aims to deter or discourage the offender and others in society from committing the same or similar offences in the future by imposing a penalty that is severe enough that the offender and others can see the serious consequences of committing the crime.
