Exam revision Flashcards
What is Criminal law?
Criminal law is an area of law that defines behaviour and conduct that is prohibited and outlines sanctions for those who commit them
Who initiates criminal cases?
Criminal cases are initiated by the prosecution, who undertakes the case on behalf of the state. In Victoria, The OPP and DPP prosecute indictable offences, whereas summary offences are generally prosecuted by a police officer
What is fairness?
Fairness is one of the principles of justice. Fairness means having fair processes and a fair hearing. This means that the parties in a legal case should be able to understand the facts of a case and present their side of events.
Give an example of how fairness can be upheld
Fairness can be upheld by giving the defendant the know the facts of a case and present their side of events, even if they are considered in the wrong
What is Equality?
Equality is one of the principles of justice, Equality means that all people are equal before the law, and should have equal opportunity to present their case, without advantage or disadvantage
How is equality upheld?
Equality is upheld by not discriminating against a person based on their Sex, Ethnicity, religion or any other characteristic during a trial, meaning it is unbiased.
What is Access
Access is one of the principles of justice. Access means that all people should understand their legal rights and pursue a case.
How is access upheld?
Access is upheld by allowing the parties to know the facts of a case, and providing them with the necessary legal resources
What is The role of the Victoria police?
Victoria police is the main institution that enforces criminal law in regards to Indictable and summary offences, their role is to serve the Victorian community and uphold the law to ensure a safe, secure and orderly society. Their role in enforcing criminal law is to:
What is the role of the victoria police in enforcing criminal law?
The role of the Victoria police in enforcing criminal law is to:
* Talk to victims or witnesses about what happened
* Question suspects
* Examine evidence
What is the role of the federal police?
The role of the federal police is to investigate crimes that have a federal aspect, including crimes against the commonwealth or a state
What is a delegated body?
An authority given power by parliament to make or enforce laws
What gives delegated bodies the power to enforce criminal law?
Delegated bodies get their power to enforce laws through an act of parliament, which is a law made by parliament
Give an example of a Victorian delegated body
WorkSafe Victoria Is the main institute that monitors and enforces compliance of Victoria’s occupational health and safety laws. it can investigate breaches of laws and prosecute in relation to any breaches.
Give an example of Commonwealth delegated bodies
The Australian securities and investments commission investigates breaches of legislation, including where directors have acted in breach of their duties.
