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Legal Studies > sanctions (lesson one - eight) > Flashcards

sanctions (lesson one - eight) Flashcards

1
Q

lesson two

what are the different law enforcement bodies?

A
  • victorian police
  • australian federal police
  • victorian sheriff’s office
  • australian border force
  • delegated bodies / authorities
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2
Q

lesson two

who are victorian police?

A
  • the main institution which enforces criminal law relating to both indictable & summary offences
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3
Q

lesson two

what is the role of victorian police in enforcing criminal law?

A
  • talk to witnesses & victims about what happened
  • question suspects
  • examine the scene of the crime & look for evidence
  • conduct searches of ppl & /or property
  • arrest accused persons
  • charge ppl w/ offences
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4
Q

lesson two

what is the role of australian federal police (AFP)

A
  • to investigate & enforce criminal laws which have a federal aspect
  • to work w/ vic police & other investigative agencies to identify & arrest possible offenders
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5
Q

lesson two

what crimes does the AFP focus on?

A
  • transnational
  • serious complex & organised crime
  • cybercrime & cyber safety
  • child protection
  • the recovery of the procees of crime
  • countering terrorism & violent extremism
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6
Q

lesson two

who is the victorian sheriff’s office?

A
  • the sheriff is an officer of the supreme court & delegates their powers to officers who represent them
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7
Q

lesson two

what does the sheriff’s office do?

A
  • enforces warrants & orders issued by courts for ciminal disputes, typically arising from unpaid fines
  • able to locate ppl & demand payment of debt
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8
Q

lesson two

if a person does not take any action to resolve the matter, what are officers authorised to do?

A
  • wheel clamp a vehicle w/ prior notice
  • prevent the renewal of the vehicle registration
  • seize & sell assets to pay the debt
  • arrest the person so that they might be imprisoned as a last resort
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9
Q

lesson two

what power does the australian border force have?

A
  • the power to enforce customs, immigration, & border patrol
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10
Q

lesson two

what are the main functions of the australian border force?

A
  • facilitating the lawful passage of ppl & goods
  • investigatins, compliance & enforcement in relation to illicit goods & immigration malpractice
  • patrol air & seaports, remote locations, mail & cargo centres & maritime jurisdiction
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11
Q

lesson three

what is a delegated body?

A
  • an authority or agency given power by parliament to make & / or enforce laws
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12
Q

lesson three

what is an other name for a delegated body?

A
  • subordinate authority
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13
Q

lesson three

why does parliament give power to delegated bodies?

A
  • b/c parliament does not have time, expertise or local knowledge to make & enforce all laws required in the community
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14
Q

lesson three

what is an enabling act?

A
  • the act passed by parliament that delegates this power
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15
Q

lesson three

what is a law passed by a delegated body known as?

A
  • known as ‘delegated legislation’, often referred to as ‘regulations’
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16
Q

lesson three

what are examples of commonwealth delegated bodies?

A
  • Australian Tax Office (ATO)
  • Australian Secruities & Investments Commission (ASIC)
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17
Q

lesson three

what is the role of ATO?

A
  • investigares serious tax-related fraud offences
  • prosecutes summary offences, such as failing to lodge a tax return
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18
Q

lesson three

what is the role of ASIC?

A
  • investigates breaches of legislation relating to company law
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19
Q

lesson three

what are examples of victorian delegated bodies?

A
  • Consumer Affairs Victoria
  • Local councils
  • VicRoads
  • Victorian Work Cover Authority (WorkSafe Victoria)
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20
Q

lesson three

what is the role of consumers affairs victoria

A
  • takes action in relation to breaches of consumer trading laws & tenancy laws
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21
Q

lesson three

what is the role of local councils?

A
  • enforce local laws where a local law makes an act / omission a criminal offence
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22
Q

lesson three

what is the role of vicroads?

A
  • prosecutes certain road & traffic offences
  • issue infringement notices for breaches of road rules
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23
Q

lesson three

what is the role of worksafe victoria?

A
  • monitors & enforces compliance of OHS laws
  • investigates & prosecutes any breaches in these laws
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24
Q

lesson three

what are the strengths of delegated bodies?

A
  • more efficient for bodies w/ expertise in an area to make laws relating to that area
    e.g. VicRoads & licensing
  • eases the workload of parliaments; they do not have time to debate every law required in the community
  • changes can be implemented faster. Bodies may be more responsive to the changes in society occurring in their area of expertise
  • recognises different geographic areas have special requirements
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25
Q

lesson three

what are weaknesses of delegated bodies?

A
  • lack of democracy: delegated leg. is made by unelected members of the public –> undemocratic
  • lack of publicity: there is no means of publicising delegated leg. this makes it difficult for the public to know who makes laws & when these are changed
  • overuse: 262 new sets of Cth regulations created in 2011 alone
  • henry viii clauses: allow a delegated body to amend or repel acts of parliament that are inconsistent w/ delegated legislation
  • confusion: confusion may arise if more than one body regulates a particular area
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26
Q

lesson three

why do a number of checks or safeguards exist in relation to delegated bodies?

A
  • parliament retains ultimate control & responsibility for delegated bodies, ensureing delegated legislation is both coherent & relevant
  • regular reviews are carried out to ensure delegated bosies have acted in an appropriate manner
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27
Q

lesson three

what are the specific checks that exist in relation to delegated bodies?

A
  • delegated leg. must be tabled in parliament w/n a specific period of time
  • parliamentary committees (vic & Cth)
  • sunset clause
  • ombudsman
  • court challenges
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28
Q

lesson three

what does ‘delegated leg. must be tabled in parliament w/n a specific period of time’ mean?

A
  • vic parliament can disallow any proposed law of a delegated body by a resolution passed by both houses
  • Cth parliament might issue a ‘Notice of Montion’ disallowing delegated leg.
  • the relevant minister can be asked questions about the delegated power
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29
Q

lesson three

what is sunset clause?

A
  • in vic all delegated leg. ceases to have effect after 10 yrs unless the delegated body elects to extend it
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30
Q

lesson three

what is ombudsman?

A
  • indep. public service that investigates complaints about administrative decisions made by govt departments, local councils & statutory authorities
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31
Q

lesson three

what are court challenges?

A
  • delegated leg. can be challenged in the SC as being ‘ultra vires’ –> beyond the scop of delegated power
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32
Q

lesson four

what are the institutional powers regarding arrest?

A
  • can arrest w/o warrant any person found committing an offence if the police believe it is necessary to ensure appearence in court, preserve public order, prevent continuation / repetition of further offence, or ensure safety / welfare of public or offender
  • can arrest w/o a warrant any person reasonably believed to have committed an inditable offence
  • can use reasonable force when making an arrest
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33
Q

lesson four

what rights do individuals have regarding arrest?

A
  • can refuse to attend a police station unless under arrest (right to liberty)
  • under the Charter of Rights and Responsibilities, if arrested, must be advised of reason why at time of arrest & promptly informed of any proceedings to be brought against them
  • must be released or have suitability for bail assessed w/n reasonable time after arrest
  • right to silence, except it is an offence to refuse to give name & address
  • arrested person has the right to be tried w/o unreasonable delay
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34
Q

lesson four

what is the institutional power regarding questioning?

A
  • if a person is in custody for suspicion of committing an offence, police possess the power to question that person in a reasonable time
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35
Q

lesson four

what rights do individuals have regarding questioning?

A
  • individual is to be informed of their right to silence & anything they say may be given as evidence in court
  • able to communicate (or attempt) w/ friend / relative, legal practitioner
  • interpreter if needed
  • confidential communication w/ legal practitioner
  • if under 18, parent, guardian or indep. person must be present during questioning
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36
Q

lesson four

what are the institutional powers regarding bail?

A
  • prosecutor can oppose bail application
  • bail not given where murder charge or if ‘unacceptable risk’
  • can impose conditions on bail e.g report to a police station, reside at a particular location, not contact person, surrender passport
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37
Q

lesson four

what rights do individuals have regarding bail?

A
  • entitled to bail, subject to certain conditions, w/n 24 hrs after being brought into custody
  • entitled to bail during postponement of hearing or whilst awaiting trial
  • entitled if case has been adjourned or awaiting sentence (unless deemed undesirable by court)
38
Q

lesson four

what are the institutional powers regarding court proceedings?

A
  • power of prosecution to prepare case, speak w/ witnesses, obtain evidence, & negotiate plea dels
  • commence proceedings against that accused for purposes of obtaining a guilty verdict & punish the offender
39
Q

lesson four

what rights do individuals have regarding court proceedings?

A
  • have the case heard be an indep. court; & public hearing; tried w/o unreasonable delay
  • presumption of innocence
  • adequate time to prep defence
  • have legal aid & interpreter if needed
  • have the chance to cross-examine evidence against them
40
Q

lesson four

what are the institutional powers regarding imprisonment?

A
  • court has power to imprison a person for a period of time
  • Corrections Vic has the power to search / examine a person, seize contraband, arrange for medical tests for drugs / alcohol, or require a prisoner to be electronicallt monitored
  • corrections can also open, inspect, & read any mail sent to a prisoner
41
Q

lesson four

what rights do individuals have regarding imprisonment?

A
  • open air for at lease an hr each day
  • adequate food; special dietary requirements where necessary; suitable clothing; access to medical care & dentail treatment
  • right to practice a religion
  • right to recieve at least one half-hr visit a week
42
Q

lesson five

what are the two roles of the courts in the criminal justice system?

A
  1. determine a criminal case
  2. impose a sanction
43
Q

lesson five

what does the courts role of , ‘determining a criminal case’, mean?

A
  • plea of X guilty –> courts role to det. whether accused = guilty by managing & hearing criminal proceedings
  • provide specialisation & expertise in type of case they are hearing
  • provide case management & hear appeals
44
Q

lesson five

how do courts provide case management?

A
  • orders are provided & directions are given so that hearings can proceed w/o delay
    e.g. est. timelines of when steps are to occur
45
Q

lesson five

what does it mean for courts to hear appeals?

A
  • appeals can be on a point of law or against conviction / sentence. the party appealing the case is known as the appellant & the other is the respondent
46
Q

lesson five

what is the first step in the courst imposing a sanction?

A
  • guilty plea / jury or mag. finds the accused guilty –> court set a date for plea hearing
47
Q

lesson five

what happens during a plea hearing?

A
  • both parties make submissions about relevant factors that should be taken into acount during sentencing
48
Q

lesson five

what happens after the plea hearing?

A
  • a sentence hearing will take place, where the judge will hand down the sanction
  • a judgement will be written if this is in the higher courts
49
Q

lesson five

what is original jurisdiction?

A
  • have ability to hear certian types of cases for the first time
50
Q

lesson five

what is appellate jurisdiction?

A
  • courts have the ability to hear cases on appeal from lower courts
51
Q

lesson five

what courts don’t have appellate jurisdiction?

A
  • Mag. court
  • Childrens court
  • Coroners court
52
Q

lesson six

what is the drug court?

A
  • division of the MC
  • based in Dandenong
  • deals w/ offenders who have drug problem
53
Q

lesson six

what crimes does the drug court deal with?

A
  • deals w/ offenders who plead guilty to a crime committed under the influence of drugs or to support a drug habit
  • crime must not involve sexual offences or assualt causing bodily harm
  • offence committed must be within the jurisdiction of the M’sC & be punishable by imprisonment
54
Q

lesson six

what can the drug court do in terms of imprisonment?

A
  • can suspend a term of imprisonment in favour of a two-year drug treatment order (DTO)
55
Q

lesson six

what must the offender do whilst completing a DTO?

A
  • the offender is to be of good behaviour
  • undergo treatment
  • report to & accept visits from the drug court team
  • inform the court of any changes of address
  • not leave the state
56
Q

lesson six

what is the Koori Court?

A
  • division of MC
  • located across numerous places in vic
  • less formal environment: participants sit at a round table
57
Q

lesson six

who is the koori court available to?

A
  • only to aboriginal individuals who have pleaded guilty
58
Q

lesson six

what cases does the koori court determine sanctions for?

A
  • criminal cases, except sexual offences, domestic violence cases ot breaches of intervention orders
59
Q

lesson six

what does the magistrate do in the koori court?

A
  • can take advice from aboriginal elder on cultural issues & appropriate sentence h/w magistrate is the ultimate decision-maker & uses standard sanctions
60
Q

lesson six

what does the neighbourhood justice centre provide?

A
  • a court
  • on-site support services for victims, witnesses, defendants & local residents
  • mediation & crime prevention programs
  • community meeting facilities
61
Q

lesson six

why does the neighourhood justice centre work closely w/ the local community?

A

to:
- address underlying causes of offending
- provide opportunity, education & supp. for victims, witnesses, defendants & local residents
- assist in preventing crime
- stop the “revolving door” of crime & punishment
- increase the communities involvement in the administration of justice
- increase access to justice

62
Q

lesson one

what is fairness?

A
  • to treat w/o fear or favour
  • is achieved in the criminal justice system when objective legal processes are in place & all parties recieve a fair & unbiased hearing
63
Q

lesson one

what are the many processes that exist w/n the criminal justice system to ensure fairness?

A
  • regulation of police questioning & that right to silence
  • entitlement of the accused to know the details of the charges faced
  • right to trial before an independent judge & jury
  • strict rules of evidence & procedure
64
Q

lesson one

what are the legislations that promote fairness?

A
  • the Sentencing Act 1991 (vic) states as one of its purposes: “to provide fair procedures… for imposing sentences”
  • the Victorian Charter of Human Rights & Responsibilities Act 2006 provides for the right to a fair hearing
65
Q

lesson one

what is equality?

A
  • the criminal justice system aims to achieve equality by ensuring all are treated w/ the status, rights & opportunities
  • section 8 (3) of the Victorian Charter of Human Rights & Responsibilites specifies that “every person if equal before the law & is entitled to the equal protection of the law w/o discrimination.”
66
Q

lesson one

what is access?

A
  • to ensure all have the means or opportunity to access the legal system & attain dispute settlement
67
Q

lesson one

what are examples of access w/n the criminal justice system?

A
  • an individual must possess the ability to obtain legal advice in a language they understand
  • an individual must be able to recieve legal advice or be legally represented even if they are financially disadvantaged
  • an individual must be able to attend a court close to their place of residence
68
Q

lesson one

what is the criminal pre-trial procedure?

A
  • the process used to bring a suspect to court depends largely on the seriousness of the offence
69
Q

lesson seven

when will a summons’ be used?

A
  • a summons’ will be used if an individual has been charged w/ a minor offence & it is expected that they will appear in court
70
Q

lesson seven

what does the summons inform?

A
  • informs the accused the ‘mention date’ (hearing) & the MC location
71
Q

lesson seven

when is a warrant used?

A
  • a ‘warrant’ (a court order) will be used in the case of more serious offences & if the accused in unlikely to appear at court in response to a summons
72
Q

lesson seven

what does arrest involve?

A
  • the act of apprehending & taking a person into custody usually b/c the person has been suspected or observed committing a crime
73
Q

lesson seven

what can police do whilst a person is in custody?

A
  • ask for a statement
  • conduct an interview
  • take fingerprints
  • conduct a search of the person
  • take a photograph
  • charge the person w/ an offence/s & grant bail
    or
  • charge the person w/ an offence/s & deny bail
74
Q

lesson seven

what is bail?

A
  • a person who is in custody, charged w/ an indictable offence, can be granted ‘bail’ meaning that the individual will be free to await trial in the community instead of being incarcerated
75
Q

lesson seven

who can grant bail?

A
  • granted by senior police officer, bail justice, magistrate or judge
76
Q

lesson seven

where can the the law w/ regard to bail be found?

A
  • in the Bail Act 1977 (Vic)
77
Q

lesson seven

why is bail granted?

A
  • bail is granted to an accused b/c in our legal system the accused is presumed innocent until proven guilty
78
Q

lesson seven

what are the exceptions to granting bail?

A
  • granting bail would pose an unacceptable risk
  • the accused had not complied w/ the conditions of bail
  • granting bail would endanger the safety & the welfare of the public
  • the accused may interfere w/ witnesses
  • the person is accused of murder or treason or other offences under the commonwealth legislation
  • the persons accused of an offence relating to stalking (under the cries ac 1958 (vic)) or offences under the Family Violence Protection Act 2008 (vic)
79
Q

lesson seven

what is a surety?

A
  • a person who is 18 yrs or older who is bound to ensure that the accused complies w/ the bail conditions, such as appearing in court when required
  • a surety might also be required to provide a deposit of money or other form of secruit in order for the accused to be released on bail
80
Q

lesson seven

what are examples of special conditions that might be required to ensure that the accused complies w/ bail?

A
  • forfeiting a passport & not going near an airport or other point of international departure
  • staying away from witnesses
81
Q

lesson seven

what does being held on remand mean?

A
  • an accused who is denied bail, or was granted bail but could not make the necessary payments or provide a suerty, will be held on remand (in custody) to await their trial
82
Q

lesson seven

what happens if a person on remand is found guilty or not guilty

A
  • guilty: accused foud guilty & is given a prison sentence, the period spent in prison will be deducted from the sentence
  • X guilty: person on reand found X guilty or recieves a non-custodial sentence, no compensation will be given for the time spent in prison
83
Q

lesson seven

what is the purpose of the mention hearing?

A
  • to determine the plea of the accused (guilty or X guilty)
84
Q

lesson seven

what happens at the mention hearing for a guilty plea?

A
  • police prosecutor will read summary of evidence
  • prior convictions read
  • character evidence on defence’s behalf (optional)
    sentence handed down
85
Q

lesson seven

what happens at the mention hearing for a not guilty plea?

A
  • if a matter cannot be resolved at a mention hearing due to the accused entering a not guilty plea, the matter will be adjourned to a contest mention which will occur at a later date in the MC
  • both parties will present arguments & evidence
  • the magistrate will decide the outcome of the case
86
Q

lesson eight

what is the purpose of commital hearings?

A
  • designed to determine whether the prosecutionhas enough evidence to gain a conviction for a person who has been charged w/ an indictable offence at trial (prima facie case = at first appearence)
87
Q

lesson eight

what authority does the magistrate have during commital hearings?

A
  • the magistrate has the authority to discontinue a case & release the defendant , who may later be re-charged if further evidence comes to light
88
Q

lesson eight

what do committals ensure?

A
  • ensure greater efficieny in the operation of the county & supreme court as time is not taken hearing cases where the prosecution evidence is weak
89
Q

lesson eight

what is a commital mention hearing?

A
  • occurs before committal hearing
  • a short administrative hearing to identify the witnesses who may be called at committal & set the date of the committal hearing. the accused may choose to plea guilty or X guilty at this stage
  • if matter is to be contested (accused pleads X guilty), the magistrate will be informed of the no. of witnesses & the anticipated length of the committal hearing
  • date will be set for a full committal hearing
90
Q

lesson eight

what are the two types of full committal hearings?

A
  • traditional method
  • hand-up brief
91
Q

lesson eight

what is the traditional method of committal hearings?

A
  • relies on oral evidence given under oath by prosecution witnesses
  • prosecution witnesses examined & cross-examined
  • prosecution evidence recorded in a “deposition”
  • defence given option as to whether to plead & / or call witnesses
92
Q

lesson eight

what is the hand-up brief method of committal hearings?

A
  • evidence is given through the delivery of sworn statements
  • most committals use this process
  • particularly important is sexual assault matters - avoid rigorous questioning of a victim early on
  • prosecution serves documents on defendant
  • notice must be given if defence wishes to cross-examine a prosecution witness
  • deposition alone (sworn statement) presented to the court

Legal Studies (9 decks)

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