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.
What are institutional powers
The authority given to bodies to undertake certain actions
Why must institutional powers be balanced against individual rights
If institutions have too much power, then individuals may be unjustly treated, however if the powers are too few or limited, law enforcement and crime prevention can become more difficult or nearly impossible
What are the 5 stages of a criminal case
Arrest, Questioning, Bail, Court proceedings, and the imprisonment of the offender
Describe the stage of arrest
Once a crime has been committed, the police have the power to arrest the offender, the power to make an arrest is found in the crimes act 1958, most arrests are made with a warrant, however the police can arrest a person without a warrant if they reasonably believe the person has committed an indictable offence
Describe the questioning stage
If a person has been arrested and is in custody, an investigating official has the power to question that person within a reasonable time. When questioning a person, they must be informed that they do not have to say or do anything, but anything they say can be used as evidence
Describe the stage of bail
Bail is the release of a person from custody on the condition they will attend a court hearing, the decision to deny or grant bail is determined either by a court, bail justice, or police officer, the bail act states that a person accused of a crime is entitled to bail unless it is refused by the person deciding bail
