sanctions Flashcards
what are the three principles of justice
fairness equality and access
what does criminal law aim to do
to protect the community by defining what a crime is and determining appropriate penalties for people who commit crimes
who can the accused be
a human, association or company
what is the OPP and DPP
the victorian public prosecutions office that prepares and conducts criminal proceedings on behalf of the director of Public Prosecutions
what is an indictable offence
a serious offence generally heard before a judge and a jury in the county court or the supreme court of victoria
what is a sanction
a penalty (eg. a fine or prison sentence) imposed by a court on the person guilty of a criminal offence
what is a summary offence
a minor offence generally heard in the magistrates court of victoria
what is bail
the release of an accused person from custody on condition that they will attend a court hearing to answer the charges
what is fairness
having a fair process and a fair hearing. the parties in a legal case should have an opportunity to know the facts of the case and have the opportunity to present their side of events, and the pre-hearing and hearing processes should be fair and impartial
what is equality
means people should be equal before having the law and have and equal opportunity to present their case as anyone else, without advantage or disadvantage
what is access
access means that app people should be able to understand their legal rights and pursue their case
define the rule of law
the principal that everyone in society is bound by law and must obey that law, and that laws should be fair and clear, so people are willing and able to obey them
what is a delegated body
an authority or agency given power by parliament to make and/or enforce laws
what’s the act of parliament
a law made by parliament; a bill that had passed through parliament and has received royal assent (also known as a statute)
what are by-laws
local laws or regulations made by legal councils that apply to residents in local area
what are the stages of a criminal case
arrest, questioning, bail, court proceedings, imprisonment of the offender
what is criminal law
an area of law that defines behaviours and conduct that are prohibited and outline sanctions for people who commit them
what is prosecution
the lawyers who prepare a criminal case and take it to court on behalf of the state, and victim and society
what is bail justice
volunteer who works within the justice system, generally outside normal Court operating hours, to hear applications for bail remand and interim or temporary accommodation orders relating to children
what is conviction
a criminal offence that has be proved. prior convictions are the previous criminal offences for which the person has been found guilty.
what is committed proceedings
the processes and hearings that take place in the magistrates court for indictable offences
what is legal aid
free or low cost legal advice, education or information about the law and the provision of legal services (including legal assistance and representation)
what is imprisonment
a sanction that involves removing the offender from society for a stated period of time and placing them in prison