Unit 1 AOS 3 Flashcards
Role of police in enforcing criminal law
To serve the community and the law. They preserve the peace , protect life and property, prevent crimes, detect and apprehend offenders, and assist victims of crimes and other people in times of emergency
By
-talking to victims or witnesses
-question possible suspects
-examine the scene(s)
-look for/gather physical or forensic evidence
-search people and property
-arrest accused persons
-charge people with the offences that fit the crime
Describe Worksafe Victoria
An institution that enforces laws to ensure health , safety and welfare of employees and other individuals at work
Criminal jurisdiction of the Victorian courts
Magistrates court hears:
- summary offences
- indictable offences heard summarily
County court hears:
-majority of indictable offences
Supreme Court hears:
-most serious indictable offences
When is a jury used in a criminal trial
Used in the County Court and the Supreme Court, that is they are used to determine the guilt of an accused person who is charged with an indictable offence
Fines
Monetary penalty that is paid by the accused to the state of Victoria.
- expressed in penalty units , to make it easier to change the dollar amount of fines across all offences and statutes every year
Community Correction Order (CCO)
A sanction that allows the offender to remain in the community while serving their sanction
Imprisonment
The most serious sanction that can be imposed , and involves the removal of the offender from society and into a secured facility known as jail or prison
Purpose of sanctions
Punishment- aims to penalise the offender
Deterrence- aims to deter or discourage the offender and others in society
Denunciation- designed to convey the message that this behaviour isn’t tolerated by the court
Protection- ensures safety of society by imposing a sentence that is harsh enough to stop the offender from offending again
Rehabilitation- aims to treat the offender. It is in society’s best interest that the offender changes their ways so they dont harm again
Mitigating factors
facts or circumstances that decrease a sentence
Eg. Remorse, guilty plea
Aggravating factors
Facts or circumstances that can increase a sentence
Eg. Use of weapons or violence, offence being taken in place of children