Sanctions Flashcards
Police Arrest powers
Can arrest with:
- A warrant (granted by court)
- Without a warra nt when they witness somebody committing an offence, (this is to: ensure the offender appears in court, Preserve Public order, prevent further acts, ensure public health and safety)
- Without a warrant if they have reasonable ground to believe that a person has committed an (indictable offence, AN offence somewhere else that would be considered indictable in vic)
- Can use reasonable force when making arrest
Arrest rights
- Police have no power to detain somebody unless they are under arrest
- An individual must be informed of the reason for arrest
- After arrest, an individual must be released or brought a bail justice within a reasonable time of being taken into custody
Court Proceeding Power
Prosecutors can prepare case by: working with police and negotiate guilty plea.
Courts-
MAG- determine guilty verdict and sanction, determine if there is enough evidence to proceed (committal hearing), judge if evidence is admissible during trial, Whether bail should be granted.
COUNT/SUP- determine sanctions
Court Proceeding rights
- Be presumed innocent util proven guilty.
- Have the proceedings decided by a competent and impartial court after a fair and public hearing.
- Obtain legal aid if the interests of justice require it.
- Have adequate time and facilities to prepare a defence.
_ Have the opportunity to challenge prosecution evidence. - Be tried without reasonable delay.
- Have access to interpreter
Imprisonment powers
- Search and examine any person.
- Seize unauthorised goods.
- Arrange medical tests for drugs and alcohol.
- Require prisoners to be electronically monitored.
Imprisonment Rights
- To be in the open air for at least one hour a day.
- Adequate food (eg GF)
- Suitable clothing.
- Access to reasonable medical and dental care.
- Special care if has disability or mental illness.
- Practice religion
- Receive a one, Half-hour, Visit per week.
Role of courts in criminal
1) Manage, hear and determine a criminal case if the accused pleads not guilty.
- Case management to ensure hearings proceed without delay ( eg timetables/ documents)
- Specialisation
- MAG determines guily in MAG court whilst jury in country and SUP.
- MAG hears comittal proceedings for indictable offences
- COUNT/ SUP hears appeals.
2) Impose a sanction if accused poleads guilty
- Plea hearing where both sides make submissions about relevant sentencing factors.
- Sentencing hearing where sanction handed down and judgement will be written and published.
Committal Proceeding
If charged with an indictable offence will go through committal proceeding in magistrate court.
- Committal mention- Accused pleads guilty or not. Case may be sent to be heard summarily if requirements met.
- Committal hearing- If accused pleads not guilty, MAG determines if there is enough evidence to support conviction to another court.
Benifits (Filter out weaker cases, Inform accused of case against them and allow them to test evidence)
Weakness (Only few cases discontinues Thus inflate costs and contribute to delays)
Magistrate Jurisdiction
Original
- Summary offences
- Indictable offences heard summarily
- Committal proceeding
- Bail and warrant applications.
NO APPELLATE
County court Jurisdiction
Original
- most indictable offences however not treason, murder, manslaughter
Appellate
Hears appeals from MAG on questions of the facts
- Convictions (eg a MAG would have not found them not guilty based on the facts present in the case)
- Sentences (eg Offender deems it too harsh or not based on facts of the case)
Supreme court (Trial Division) Jurisdiction
Original
- All indictable offences however generally the most serious cases
Appellate
- Hears appeals from the MAG (unless the chief MAG heard the case) on question on law
Supreme Court ( Court of Appeals) Jurisdiction
NO original jurisdiction
Appellate
- Hears appeals from COUNT and SUP
- Hears appeals from MAG if heard by the chief magistrate
- Appeals are generally heard by 3 judges and can be on the question of conviction, severity of sentencing or questions of laws.
- They must grant ‘leave to appeal’ Unless DPP is appealing against the sentence
When is a jury required
When
- Original jurisdiction of County and Supreme court to determine guilt of accused.
Not
- Magistrates court
- In appellate jurisdiction of the courts
- If accused has pleaded guilty
Jury Composition
Governed by the juries act 2000 (vic)
- 12 members deliberate and decide guilt and 3 in reserve.
- Must be 18 or above.
- Selected at random and sent form of eligibility.
Disqualified
-Unable to serve on jury due to background-
- Sentenced to a term of imprisonment for 3 years or more
- Currently on bail or remand.
- Undischarged bunkrupts
