U2 AOS1 - Sanctions

Question 1

What is a sanction?

Answer 1

A penalty imposed by the court on a person guilty of a criminal offence.

Question 2

Why do courts issue sanctions?

Answer 2

Criminal law protects community by defining what crimes are and assigning penalties to those who commit them.

Question 3

What are the institutions that enforce criminal law?

Answer 3

Police (Vic pol, federal) and delegated bodies, eg. local councils or WorkSafe

Question 4

Role of Victoria Police

Answer 4

Serve Victorian community and uphold law to promote a safe, secure and orderly society.

Question 5

Police powers:

What they do

Answer 5

For indictable offences, undertake investigations, gather evidence and charge accused.
- For summary offences, power to prosecute in court.

Question 6

Name institutions that enforce criminal law

Answer 6

Victoria Police, Australian federal police

Question 7

Key role of the federal police

Answer 7

invesigate offences that have a federal aspect
- offences against commonwealth or territory

Question 8

What powers do the AFP have?

Answer 8

• arrest without a warrant
• search a person

Question 9

Delegated bodies

Answer 9

An authority or agency given power by parliament to make/enforce laws.

Other parties that can impose sanctions

Question 10

Examples of delegated bodies.

Answer 10

WorkSafe, local councils, VicRoads, ATO

ATO- Australian Taxation Office

Question 11

What is the role of WorkSafe?

Answer 11

aims to ensure health, safety and welfare of employees and other individuals at work.

Question 12

Role of local councils

Answer 12

Ensure peace, order and good governance of local districts.

Question 13

Name the stages of a criminal case.

Answer 13

• Arrest
• Questioning
• Bail
• Court proceedings
• Imprisonment of the offender

Question 14

There must be a balance between ___ and ___

Answer 14

rights of individuals and power of legal institutions.

Question 15

What are individual rights?

Answer 15

Rights given to people suspected or accused of committing a crime, and those guilty of committing a crime.

Question 16

What are institutional powers?

Answer 16

Powers which enable bodies to carry out job of enforcing law.

Question 17

Examples of institutional powers:

Answer 17

• Gathering fingerprints
• Charging accused
• Initiating criminal proceedings against accused

Question 18

Institutional powers for arrest

Answer 18

Can arrest without a warrant if found guilty of committing an offence if necessary.
- Can use reasonable force depending on circumstances

Question 19

When can police arrest without a warrant?

Answer 19

• 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.

Question 20

Individual rights for arrest

Answer 20

• 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

Question 21

Institutional powers for questioning

Answer 21

• Power to question a person within a reasonable time
• Person questioned to determine what involvement, if any, they had in offence.

Question 22

Individual rights for questioning

Answer 22

• 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.

Question 23

Institutional powers for bail

Answer 23

• 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

Question 24

Individual rights for bail:

Answer 24

• Presumption they are entitled to bail
  Bail where
• hearing has been postponed or adjourned
• Awaiting sentence

Question 25

Court proceedings

Define

Answer 25

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

Question 26

Institutional powers for court proceedings

Not committal proceeding - just regular court proceedings.

Answer 26

• Prepare case
• Speak with witnesses
• Obtain evidence and negotiate with accused (or legal practitioners) about early guilty plea.

Question 27

Individual rights for court proceedings

Answer 27

• 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

Question 28

Imprisonment of offender

What does it do?

Answer 28

Removes offender from society, placing them in jail for a period of time

Question 29

What is the aim of imprisonment?

Answer 29

To protect the community and punishes an offender by depriving them of their liberty.

Question 30

Institutional powers for imprisonment.

Answer 30

Act under Corrections Act 1986 (Vic)
- power to search and examine any person
- Seize unauthorsed goods
- Open, inspect and read letters sent to prisoners.

Question 31

Individual rights for imprisonment.

Answer 31

• 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.