SAC 3

Question 1

the power of arrest

Answer 1

police can arrest without a warrant if they believe it is necessary to
- ensure the offender appears in court
- preserve public order
- prevent continuation or repitition of offence
- ensure safety and welfare of the public
- or believe someone has commited an indictable offence

Question 2

rights against arrest

Answer 2

• an individual can refuse to attend a police station unless under arest
• a person must be informed of the reason for their arrest at the time and anything that will proceed it
• a person must be promptly brought to court for a trial without reasonable delay
• a person either has the right to bail or to be brought before a bail justice

Question 3

rights against questioning

Answer 3

• a person must be informed that they do not have to say or do anything but if they do it may be used as evidence
• they can communicate with a friend, family member or legal practitioner (unless it would result in an escape)
• they have the right to an interpreter
• communication with lawyer must not be overheard
• the person may stay silent
• if under 18 a guardian or independant person must be present

Question 4

what are the purposes of sanctions

Answer 4

denounce deter protect punish rehabilitate

Question 5

what are the types of sanctions

Answer 5

fines- monetary sum
cco- can be in community
imprisonment- loss of freedom

Question 6

what is a mitigating factor

Answer 6

factors that lead to a lesser sentence such as early plea, mental state, remorse

Question 7

what is an agrivating factor

Answer 7

factors that lead to a harsher sentence such as repeat offence, crimes against childeren or elders, hate crimes, the offender is in a superior position amount of damage

Question 8

what is a victim impact statement

Answer 8

a statement from victims of crime that explain the damage it has caused them they are usually agrivating but may be mitigating