U2 AOS1 - Sanctions Flashcards
What is a sanction?
A penalty imposed by the court on a person guilty of a criminal offence.
Why do courts issue sanctions?
Criminal law protects community by defining what crimes are and assigning penalties to those who commit them.
What are the institutions that enforce criminal law?
Police (Vic pol, federal) and delegated bodies, eg. local councils or WorkSafe
Role of Victoria Police
Serve Victorian community and uphold law to promote a safe, secure and orderly society.
Police powers:
What they do
For indictable offences, undertake investigations, gather evidence and charge accused.
- For summary offences, power to prosecute in court.
Name institutions that enforce criminal law
Victoria Police, Australian federal police
Key role of the federal police
invesigate offences that have a federal aspect
- offences against commonwealth or territory
What powers do the AFP have?
- arrest without a warrant
- search a person
Delegated bodies
An authority or agency given power by parliament to make/enforce laws.
Other parties that can impose sanctions
Examples of delegated bodies.
WorkSafe, local councils, VicRoads, ATO
ATO- Australian Taxation Office
What is the role of WorkSafe?
aims to ensure health, safety and welfare of employees and other individuals at work.
Role of local councils
Ensure peace, order and good governance of local districts.
Name the stages of a criminal case.
- Arrest
- Questioning
- Bail
- Court proceedings
- Imprisonment of the offender
There must be a balance between ___ and ___
rights of individuals and power of legal institutions.
What are individual rights?
Rights given to people suspected or accused of committing a crime, and those guilty of committing a crime.
What are institutional powers?
Powers which enable bodies to carry out job of enforcing law.
Examples of institutional powers:
- Gathering fingerprints
- Charging accused
- Initiating criminal proceedings against accused
Institutional powers for arrest
Can arrest without a warrant if found guilty of committing an offence if necessary.
- Can use reasonable force depending on circumstances
When can police arrest without a warrant?
- To ensure offender appears in court
- Preserve public order
- Ensure safety and prevent repeated offences
Arrest if reasonable belief someone has committed an indictable offence in Victoria.
Individual rights for arrest
- refuse to attend police station unless arrested
- Only need to state name and address
- Must be informed or reason for arrest, any proceedings to be brought against them
Institutional powers for questioning
- Power to question a person within a reasonable time
- Person questioned to determine what involvement, if any, they had in offence.
Individual rights for questioning
- Right to interpreter if not sufficient knowledge of English
- communications with legal practitioner not to be overheard
- Informed they do not have to say or do anything.
Institutional powers for bail
- Hold power to grant or refuse bail (court, bail justice, police officer)
- Bail can be refused if court is satisfied unacceptable risk accused would fail to surrender into custody, endanger public’s safety, etc.
- impose conditions for bail
Individual rights for bail:
- Presumption they are entitled to bail
Bail where - hearing has been postponed or adjourned
- Awaiting sentence
Court proceedings
Define
For indictable offence, Magistrates’ court determines whether there is sufficient evidence to support a conviction at a trial
Commmittal proceeding - pre-trial to determine if enough evidence.
Different for summary offences
Institutional powers for court proceedings
Not committal proceeding - just regular court proceedings.
- Prepare case
- Speak with witnesses
- Obtain evidence and negotiate with accused (or legal practitioners) about early guilty plea.
Individual rights for court proceedings
- Presumption of innocence
- Informed promptly and in detail about nature and reason for charge.
- Have legal aid if in interests of justice and require it
Imprisonment of offender
What does it do?
Removes offender from society, placing them in jail for a period of time
What is the aim of imprisonment?
To protect the community and punishes an offender by depriving them of their liberty.
Institutional powers for imprisonment.
Act under Corrections Act 1986 (Vic)
- power to search and examine any person
- Seize unauthorsed goods
- Open, inspect and read letters sent to prisoners.
Individual rights for imprisonment.
- Right to be in open air for at least an hour each day (weather permitting)
- At least one half-hour visit a week
- Provided with suitable clothing.
