Legal SAC 1 Unit 2

Question 1

Describe the role of the AFP in enforcing criminal law

Answer 1

• Investigates crimes against Commonwealth law (smuggling, immigration, border protection)
• Works with VicPol

Question 2

Describe the role of VicPol in enforcing criminal law

Answer 2

• Investigates crimes, collects evidence, arrests and charges the accused
• Prosecute summary offences
• Hand evidence to OPP for indictable offences
• Officer power comes from statutes

Question 3

Outline the OPP and its role

Answer 3

The Office of Public Prosecutions prepares and conducts criminal proceedings on behalf of the DPP

Question 4

When can someone be arrested?

Answer 4

Only if indictable offence committed,
Necessary to ensure court appearance,
To preserve public order/safety,
Prevent further crimes

Question 5

What other rights do people have when being arrested?

Answer 5

Reasonable force
Told reason for arrest
Brought to court without unreasonable delay
Right to silence (except name and address)

Question 6

What rights do people have in relation to questioning?

Answer 6

Silence
Call a friend, relative, lawyer or interpreter
Questioned in a reasonable time
Have an adult present when under 18

Question 7

When may bail be refused?

Answer 7

Very serious offence or risk of reoffending, no show to court, interfering with witness

Question 8

What statute establishes Victoria Police?

Answer 8

The Victoria Police Act 2013 (Vic)

Question 9

What statute establishes the Australian Federal Police?

Answer 9

The Australian Federal Police Act 1979 (Cth.)

Question 10

Identify roles of Victoria Police

Answer 10

Collect evidence
Investigate crimes
Prosecute summary offenders

Question 11

Provide examples of police powers

Answer 11

Arrest if reasonable suspicion that drugs/weapons are carried
Arrest if they believe it is necessary (public safety, show up in court, prevent further offending)
Arrest if reasonable suspicion that they committed an indictable offence

Question 12

Describe delegated bodies

Answer 12

Bodies given authority by Vic Par. (through Act of Par.) to enforce criminal laws (WorkSafe, VicRoads, Consumer Affairs, local councils)

Question 13

Provide 1 example of a delegated body and describe their role

Answer 13

VicRoads is a delegated body, given the power to enforce criminal laws by Vic Par.
They prosecute certain road and traffic offences, and issue infringement notices for breaches

Question 14

Identify purposes of criminal law

Answer 14

Protects society
Protects individuals
Maintain order and security
Protects rights
Protects property

Question 15

Identify factors that reduce a sentence

Question 16

Identify factors that increase a sentence

Question 17

Which statute gives police their powers?

Answer 17

Crimes Act 1958 (Vic) - to arrest without a warrant in some circumstances
Criminal Procedure Act 2009 (Vic) - to take fingerprints

Question 18

Explain a fine

Answer 18

A type of sanction designed to monetarily penalise the offender
Deter offender and community (if large fine), punish offender

Question 19

Distinguish between general deterrence and specific deterrence

Answer 19

Purposes of sanctions
General deterrence: discourages community
Specific deterrence: discourages offender