Chapter 3/4- Police Power & Sanctions

Question 1

Concurrent sentences-

Answer 1

These are when terms of imprisonment imposed for two or more separate offences are to be served at the same time.

Question 2

Define imprisononent-

Answer 2

The act of putting or confine a man in prison; the restraint of a mans personal liberty. Also the most serious type of sanction one can receive in Australia.

Question 3

Cumulative sentences-

Answer 3

Are terms of imprisonment that are to be served one after the other, thereby increasing the amount of time to be spent in jail.

Question 4

What is an indefinite sentence?

Answer 4

A sentence for an indefinite period, usually for serious, violent offences and sexual offences. (Depending on their behaviour in prison)

Question 5

Where are Drug Treatment orders issued?

Answer 5

The Drug Court (a special Magistrates’ Court) is the only court that can issue a drug treatment order.

Question 6

When can a drug treatment order be given?

Answer 6

It requires the following conditions:

1) the offender committed the crime as a result of drug or alcohol use.
2) the offender pleads guilty to the crime
3) the crime does not involve a sexual offence or an assault causing bodily harm.

Question 7

How long can the drug treatment order be for?

Answer 7

The offender agrees to a 2 year (Max) drug-treatment order that will require the offender to:

• be of good behaviour
• undergo treatment for drug, or alcohol dependency- including periodic drug use.
• report to and accept visits from members of the Drug Court.

Question 8

What happens if the drug treatment order is breached?

Answer 8

The offender can be imprisoned for a breach of a drug treatment order.

Question 9

What is a Community Correction Order?

Answer 9

It is a sentencing option which allows the offender to remain in the community.

Question 10

What can a community correction ordered be combined with?

Answer 10

It can be combined with either a fine or up to three months imprisononent. When combined with a term of imprisonment, the order will commence on the offenders release from jail.

Question 11

What is the maximum period in the Magistrates Court for the community correction order?

Answer 11

2 years.

Question 12

Conditions of the community correction order include:

Answer 12

Not to leave Victoria without permission or without formal authority to transfer and serve out the order interstate.
Notify authorities of a change of address or employment.
Not reoffend
Report to a community correction centre and comply with directions given by community correction officers.
Comply with any other optional conditions set by the courts.

Question 13

What is a fine?

Answer 13

A fine is a manetary penalty expressed in levels of penalty units that can be imposed with or without a conviction. Fines are expressed in this way to make it easier to change fines across all offences.

Question 14

What are the 3 things that the court will consider when deciding on the level of the fine?

Answer 14

• Financial circumstances of the offender,their income and whether they have a job.
• the responsibilities of the offender including dependants.
• any loss or destruction or, or change to, property suffered as a result of the offence.
• the value of benefit received by the offender from the offence.

Question 15

What are the options available if the offender cannot pay a fine?

Answer 15

: An instalment order or a time to pay order.
: A fines work order where the offender works off the fine in unpaid community work.
: A variation or cancellation of these orders where there has been a substantial change in the offenders circumstances.

Question 16

When are on the spot fines given?

Answer 16

On the spot fines are given for a number offences, most often they are traffic offences.

Question 17

Good Behaviour Bond-

Answer 17

Is an order of the court that requires you to be of good behaviour for a specified amount of time.

Question 18

What does it mean to adjourn with a conviton?

Answer 18

When an offender is found guilty of an offence, the court may decide to adjourn the case with a conviction recorded. If a conviction is recorded the offender will have a criminal record.

Question 19

Good Behaviour Bond conditions-

Answer 19

• Appear in court at the end of the adjournment period, if called to do so.
• Be of good behaviour during the period of adjournment, which can be up to 5 years.
• Follow any conditions imposed on them, such as paying money into the poor box.

Question 20

Aims of Sanctions-

Answer 20

1- Punish/ Law must punish offenders so that victims or their families can seek retribution without taking the law into their own hands.
2- Protect/ While imprisonment is seen as a punishment of last resort, a few offenders are given very long periods of imprisonment because the courts deem them to be a danger to society.
3- Denunciate/ The court may give a sentence that is harsh enough to show the disproval of the court; that is the court denunciates the particular behaviour.
4- Deter/ The law aims to deter the offender and others in society from committing the same or similar offences in the future.
5- Rehabilitate/ Society’s best interests are to try and change offenders previous ways, thus giving them opportunities in the from of education, training, assistance etc that will hopefully make them law-abiding citizens.

Question 21

5 rights of individuals on arrest-

Answer 21

1- Police caution: suspect is “not obliged to say or do anything but anything you say or do may be given in evidence”.
2- The right to contact a lawyer or friend: A person has the right to communicate with a lawyer and a relative or a friend unless it will result in the escape of an accomplice or the destruction of evidence.
3- The right to silence: A suspect in a crime cannot be force to make a statement or answer police questions.
4- The right to a person in attendance: People under 18 must have a parent, guardian or independent person with them during police questioning.
5- Identification parades: A person can refuse to take part in an identification line-up.

Question 22

Custody-

Answer 22

A person can be held in custody for what is deemed to be a reasonable amount of time.

Question 23

What are penalty units?

Answer 23

Penalty units are used to define the amount payable for fines for many offences. For example, the fine for selling a tobacco product to a person aged under 18 is four penalty units.

Question 24

Define Recidivism:

Answer 24

Recidivism is when a person continues to commit crimes despite being punished for them.

Question 25

Define Bail Justice:

Answer 25

A Bail Justice works in a voluntary capacity and is a person who has been appointed to deal with bail applications.

Question 26

Superannuation orders are

Answer 26

The court can order a government worker to give up part of their supa if they are found guilty of an indictable offence that involves corruption or abuse of position.

Question 27

Confiscation orders are

Answer 27

It insures that criminals don’t profit from their crimes, the prosecution will try to prove that a criminals assets are ‘tainted’ so that the court can confiscate assets that were used to commit a crime or acquired through illegal activity.

Question 28

What is VOCAT?

Answer 28

Victims of Crime Assistance Tribunal

Question 29

What is VOCAT’s purpose?

Answer 29

Is to acknowledge and provide financial assistance to victims of violent crime committed in Victoria.
Victims may be eligible for finically assistance if:
- the person is a primary/secondary victim or related victim.
- person has suffered a significant injury as result of the violent crime in VIC.
- Crime occurred within the past 2 years
- Victim cannot receive compensation from another source.
- Victims criminal history

Question 30

Youth Supervision order-

Answer 30

Requires a young person between 10-18 y/o to report to a youth justice unit up to 12 months (/or 18 months for more serious offences). The young person attends for up to six hours a week to do supervised community work.

Question 31

Youth Justice Centre Orders:

Answer 31

A young person aged between 15-20 y/o who has been found guilty of very serious offences or has appeared in court many times previously, may serve a period of detention in a Youth Justice Centre. Max sentence in Magistrates and Children’s Court is 2 years, Max sentence in County or Supreme Court is 3 years.
While in detention, the young people will be expected to participate in activities such as:
-TAFE courses
- YMCA programs
- sport activities
- drug/alcohol counselling or anger management counciling.

Question 32

Victim Support Agency:

Answer 32

The Victim Support Agency is a unit of the Victorian Department of Justice. It’s role is to coordinate government services for victims of crime. It tries to develop partnerships between various government departments, the police and the courts to provide the best support for victims. Coordinates with Victims of Crime Helpline, Victim Assistance and Counselling Program etc.

Question 33

Victim Impact Statements:

Answer 33

Is a written statement in the form of a statutory declaration that outlines the victims physical injuries, financial losses and any psychological or emotional stress resulting from the crime.

Question 34

Victim Register:

Answer 34

A primary victim of a violent crime can ask to be listed on the Victims Register if the offender has been sentenced to a term of imprisonment. Once registered, the victim will be told if the prisoner:

• well serve any part of their sentence in the community
• will be eligible for parole or early release from prison.
• is due to be released on completion of their sentence.

Question 35

Primary Victim-

Answer 35

A person who suffers injury or death as a direct result of:

• Being the victim of a violent crime.
• trying to help a victim of a violent crime.
• trying to prevent a violent crime.

Question 36

Scope of financial assistance for primary victim:

Answer 36

Up to $60,000 for:
Medical costs
Counselling
Loss of income up to $20,000 and within 2 years of the crime.
An additional payment of up to $10,000 May be awarded where the tribunal believes the victim has suffered a significant adverse effect.

Question 37

Describe the circumstances in which the police can arrest a suspect without a warrant?

Answer 37

The police can arrest without a warrant when they reasonably believe that the offender may be a threat to society, and or may be committing a crime.

Question 38

When making an arrest the police will give some information to the suspect. List 3 items of information this include.

Answer 38

• The police will advise the suspect that they are under arrest for the belief that they have committed a crime.
• Anything the suspect says or does may be given in evidence, though the suspect is not obliged to speak.
• The police will advise the suspect that he will be taken to a police station for further questioning.

Question 39

For how long can an arrested person be held in custody? What are 3 factors that may impact this?

Answer 39

An arrested person can be held in custody for what is deemed to be a reasonable amount of time. Factors that may impact is this is if the police deem him to be a threat to society, there may be a delay for a lawyer to attend and the circumstances of the situation (how many people being interviewed)

Question 40

Define bail-

Answer 40

Bail is the procedure that enables accused people to be released people from custody after being charged awaiting their hearing or trial.

Question 41

Define Remand-

Answer 41

Remand is when a suspect is refused bail and is held in custody until the trial.

Question 42

Secondary Victim-

Answer 42

A person injured as a direct result of:
Being at the scene and witnessing w violent crime.
Being made aware as a parent/guardian that their child (under 18) is the victim of w violent crime.

Question 43

Related victim-

Answer 43

A person who at the time of the violent crime was either a family member, a dependent or had an intimate personal relationship with a deceased primary victim (parent, guardian, spouse)