U1AOS3: Sanctions

Question 1

Arrest powers

Answer 1

police can arrest w/o a warrant any person they find committing an offence if they believe it’s necessary to:
-ensure offender goes to court
-preserve public order
-prevent continuation/ repetition of an offence
-ensure safety/ welfare of public / offender
police can arrest without a warrant if they have reasonable grounds to believe person committed:
-inc offence in or outside victoria
police can use reasonable force when making an arrest
-

Question 2

arrest rights

Answer 2

-cannot detain an individual unless they are under arrest
-must be inform of reason for arrest at time of offence
-must be released or brought before bail justice/ magistrate w/i reasonable time of taken into custody

Question 3

questioning powers

Answer 3

name + address
can question in custody to determine if involved in offence

Question 4

questioning rights

Answer 4

right to remain silent
indep person for minor/ mental impair

Question 5

court proceedings powers

Answer 5

courts determine guilt + judge impose sanction
mag/judge determine if evidence in trial

Question 6

court proceedings rights

Answer 6

presumed innocent
heard w/o unreasonable delay
interpreter

Question 7

imprisonment rights

Answer 7

open air 1hr day
adequate food + clothing

Question 8

imprisonment powers

Answer 8

search + examine person
seize unauthorised goods

Question 9

role of courts

Answer 9

manage hear + determine cases + impose sanction

Question 10

committal proceedings

Answer 10

committal mention- plea, ind heard sum
committal hearing - evidence

Question 11

mag jurisdication

Answer 11

original - sum, ind heard sum, committal proceedings, bail + warrents
ap- N/A

Question 12

county jurisdication

Answer 12

orgi- generally less serious ind
ap- mag q of fact,

Question 13

supreme TD jurisdication

Answer 13

orig- all ind, generally most serious
ap- mag q of law,

Question 14

supreme COA jurisdication

Answer 14

or- n/a
ap- county + supreme TD + chief mag

Question 15

jury

Answer 15

12 members determine guilt
18+, enrolled to vote in Vic, selected at random

Question 16

disqualified

Answer 16

due to back ground
–> bail / remand

Question 17

ineligible

Answer 17

due to occupation/ particular characteristic
–> lawyers, disability

Question 18

excused

Answer 18

due to difficult cirumstances –> live over 50 km

Question 19

role of jury

Answer 19

listen to evidence+ using only evidence provided decide verdict
11/12 can be accepted, 12/12 for most serious ind

Question 20

why fnp face disadantage

Answer 20

more police surveillance due to more occupany of public spaces
customary laws dif

Question 21

how fnp disadvantage addressed

Answer 21

aboriginal legal aid
cultural competency training
spec court koori court

Question 22

purposes

Answer 22

punishment, denunciation, deterrence, rehabilitation, protection

Question 23

punishment

Answer 23

penalise offender+ hold accountable for actions

Question 24

deterrence

Answer 24

specific–> offender discouraged via sanction
general–> society discouraged via sanction

Question 25

protection

Answer 25

remove from society + decreased risk posed

Question 26

denunuciation

Answer 26

formally + publically critise offenders actions

Question 27

rehabilitation

Answer 27

address underlying cause of crim behav

Question 28

cald+ yp

Answer 28

find LS dif to navigate –> unaware of rights
cald may need interpretor+ shortage/ confict of interest

Question 29

cald addressed by

Answer 29

VLA + Supreme court: legal info many langs
VLA free interpretors
cultural competency training

Question 30

yp addressed by

Answer 30

indep person during questioning
childrens court
youth law victoria

Question 31

fines

Answer 31

non custodial
penalty units $192

Question 32

cco

Answer 32

non custodial
remain in comm with conditions
imposed 5 penalty units+
offender consent
single 2 yrs, multi 5 yrs

Question 33

cco mandatory conditions

Answer 33

x reoffend
x leave vic w/o permission
notify cco officer of change of address
comply w/o cco directions

Question 34

cco optional

Answer 34

curfew
rehab program
x consume alchol/ attend lisensed venues
unpaid com work

Question 35

imprisonment

Answer 35

custodial
remove offender from society
concurrent- same time
cumulative- one after another

Question 36

aggravating

Answer 36

facts re offence–> increase culpability + more severe sanction

Question 37

mitigating

Answer 37

facts re offence–> decrease culpability + less sever sanction

Question 38

victim impact statement

Answer 38

written by vic directly or friends of crime indirectly
severe impact–> up sentence
forgiven offender—> down sentence

Question 39

dato eligibilty

Answer 39

area serviced by drug court
guilty plea
dependent on d/a + contribute to offending
face immediate sentence

Question 40

dato core + program

Answer 40

core: x reoffend punish via prison, report to officers, notify change f address, x leave vic w/o permission
program: testing, edu program