Disposition Of Offenders Flashcards

1
Q

When assessing the enforcement action to be taken, what is needed in the decision making process?

A
  • determine whether an offence has been committed
  • verify the identity of the offender
  • ensure there is sufficient admissible evidence
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2
Q

List the enforcement options available to police from the least to most severe

A

Charge & remand
Charge & bail
Charge & summons
Infringement notices
Cautions/offical warnings

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3
Q

In deciding what enforcement action is to be taken, what should be decided when appropriate in the circumstance

A
  • nature, severity and gravity of the offence
  • characteristics & circumstances of the offender & victim
  • any injury, loss or damage resulting from the offence
  • appropriateness of the action in light of community expectations, effect of deterrence on the offender and of the community in general
  • requirements that apply to the specific enforcement action (eg FV, EBA)
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4
Q

What three enforcement actions are able to be managed at station level

A

Charge & summons
Charge & bail
Charge & remand

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5
Q

What type of bail is preferred to remanding a person in custody and what must exist?

A

Use of bail with conditions is preferred to remand.

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6
Q

What is the preferred method of effectively proceeding against a person and what must exists

A

Summons

  • the place where the offence is alleged to have been committed (first consideration), the place of residence of the accused
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