U1AOS3: Sanctions Flashcards
Arrest powers
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
-
arrest rights
-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
questioning powers
name + address
can question in custody to determine if involved in offence
questioning rights
right to remain silent
indep person for minor/ mental impair
court proceedings powers
courts determine guilt + judge impose sanction
mag/judge determine if evidence in trial
court proceedings rights
presumed innocent
heard w/o unreasonable delay
interpreter
imprisonment rights
open air 1hr day
adequate food + clothing
imprisonment powers
search + examine person
seize unauthorised goods
role of courts
manage hear + determine cases + impose sanction
committal proceedings
committal mention- plea, ind heard sum
committal hearing - evidence
mag jurisdication
original - sum, ind heard sum, committal proceedings, bail + warrents
ap- N/A
county jurisdication
orgi- generally less serious ind
ap- mag q of fact,
supreme TD jurisdication
orig- all ind, generally most serious
ap- mag q of law,
supreme COA jurisdication
or- n/a
ap- county + supreme TD + chief mag
jury
12 members determine guilt
18+, enrolled to vote in Vic, selected at random
disqualified
due to back ground
–> bail / remand
ineligible
due to occupation/ particular characteristic
–> lawyers, disability
excused
due to difficult cirumstances –> live over 50 km
role of jury
listen to evidence+ using only evidence provided decide verdict
11/12 can be accepted, 12/12 for most serious ind
why fnp face disadantage
more police surveillance due to more occupany of public spaces
customary laws dif
how fnp disadvantage addressed
aboriginal legal aid
cultural competency training
spec court koori court
purposes
punishment, denunciation, deterrence, rehabilitation, protection
punishment
penalise offender+ hold accountable for actions
deterrence
specific–> offender discouraged via sanction
general–> society discouraged via sanction
protection
remove from society + decreased risk posed
denunuciation
formally + publically critise offenders actions
rehabilitation
address underlying cause of crim behav
cald+ yp
find LS dif to navigate –> unaware of rights
cald may need interpretor+ shortage/ confict of interest
cald addressed by
VLA + Supreme court: legal info many langs
VLA free interpretors
cultural competency training
yp addressed by
indep person during questioning
childrens court
youth law victoria
fines
non custodial
penalty units $192
cco
non custodial
remain in comm with conditions
imposed 5 penalty units+
offender consent
single 2 yrs, multi 5 yrs
cco mandatory conditions
x reoffend
x leave vic w/o permission
notify cco officer of change of address
comply w/o cco directions
cco optional
curfew
rehab program
x consume alchol/ attend lisensed venues
unpaid com work
imprisonment
custodial
remove offender from society
concurrent- same time
cumulative- one after another
aggravating
facts re offence–> increase culpability + more severe sanction
mitigating
facts re offence–> decrease culpability + less sever sanction
victim impact statement
written by vic directly or friends of crime indirectly
severe impact–> up sentence
forgiven offender—> down sentence
dato eligibilty
area serviced by drug court
guilty plea
dependent on d/a + contribute to offending
face immediate sentence
dato core + program
core: x reoffend punish via prison, report to officers, notify change f address, x leave vic w/o permission
program: testing, edu program
