Disposition of Offenders Flashcards
What does Discretion involve?
Balancing the need to:
- Enforce the law to it’s full extent; and
- Take appropriate action (or no action) in relation to a person who has broken the law that recognises their individual circumstances and the circumstances of the offence.
What does the VPM state in regards to when to exercise discretion?
Directions to appropriately exercise discretion to ensure:
- Compliance with legal duties and responsibilities.
- An appropriate level of accountability.
- Recognition of the human rights of individuals.
- Appropriate and effective enforcement action is taken against persons who break the law.
What are the VPMs for in regards to Disposition of Offenders?
They assist in making lawful, ethical and professional decisions.
What are the steps you must take before considering taking any action against a person? (3)
- Determine whether an offence has been committed.
- Verify the identity of the offender.
- Ensure there is sufficient admissible evidence.
What must you assess in order to determine appropriate action? (5)
- Nature, severity and gravity of the offence.
- Characteristics and circumstances of the offender and victim.
- Any injury, loss or damage resulting from the offence.
- Appropriateness of the action in light of the community expectations, effect of deterrence on the offender and of the community in general.
- Requirements that apply to the specific enforcement action. Eg: Family Violence, Drink Driving.
What considering enforcement action, what kind of action should be prioritised?
The least severe or minimum action is preferable.
What are the enforcement actions from least to most severe?
- Cautions/ Official Warnings
- Infringement Notices
- Charge and Summons
- Charge and Bail
- Charge and Remand
What must be considered when thinking of enforcement actions being taken against children? (6)
- The seriousness of the offence
- Age and maturity including cognitive
- Mental capacity of the child
- Availability of a caution or diversion
- Drivers of the offending behaviour
- Any previous action taken and the result
What enforcements actions can be dealt with at the station level?
- Caution/ Official Warning.
- Infringement Notice.
What must happen for anyone to be eligible for a caution?
The offender must admit the offence, adults are ineligible for a caution except for shop-steal, cannabis cautions and drug diversions.
What are the requirements for eligibility in regards to a caution?
- Offender must admit the offence
- Cannabis caution/drug diversion - offender must consent
- Children - of or above ten and parent guardian present
What are the requirements for eligibility in regards to official warnings?
- Offender must admit the offence
- Offender must consent to a warning
- The victim has been consulted
- Age limitations
What are the requirements for eligibility in regards to Infringement Notices?
- Issued for offences listed in the Infringement Notice Codes and Penalties Guide (Form 508A)
- Maximum number issued is three
- More than one issued - must be issued by same police member
- Offender must be spoken to in person (except parking infringements)
- Verified address
- Not issued to any person under 14 years of age
What are the Requirements for Eligibility in regards to Charge and Summons?
- Sufficient admissible evidence to cover all points of proof
- Only the informant may issue a summons to answer a charge
- Charge and summons must be issued within two months of interview
- Summons is the preferred methods of proceeding
What are the Requirements for Eligibility in regards to Charge and Recommendation for Diversion Program?
- Offender must admit the offence.
- Diversion is appropriate in the circumstances
- Recommended in Magistrate’s or Children’s Court
- Offence must be eligible for diversion (Section 59(1) Criminal Procedures Act.
