Unit 2 AOS 1 Flashcards
Roles of Victoria Police in criminal law
serve the community & enforce the law to promote a safe, secure, orderly society, by:
- talk to victims/ witnesses about what happened
- question suspects
- look for evidence
- charge people with offences
Aim of worksafe Victoria
- to ensure the health, safety and welfare of employees
- to monitor and enforce compliance with the occupational health and safety act and other statutes
balance between institutional powers & individual rights in relation to arrest
- an individual can refuse to attend the police station unless they are under arrest. upholds a right to freedom of movement & right to liberty
- a person must be informed at the time of the arrest for the reason, and informed of any proceedings to be brought against them
- a person does not need to say anything other then provide their name and address
- a person must be released or brought before a bail justice within reasonable time of being taken into custody
role of Victorian courts
- determine a criminal case, by deciding if the accused is guilty
- imposing a sanction if a person is guilty
institutional powers
the authority given to bodies such as vic police to undertake certain actions
jurisdiction
the power of a court to apply the law and hear legal cases
original jurisdiction
the power of a court to hear a case for the first time (not an appeal)
appellate jurisdiction
the power of a court to hear a case on appeal
role of the criminal jury
- listen to all the evidence
- concentrate during the trial
- piece the evidence together and decide whether the accused is guilty or not
types of sanctions
- fines
- community correction order (CCO)
- imprisonment
fines (type of sanction)
- a sanction that requires the offender to pay an amount of money to the state
- expressed in penalty units, from 1-3000
- punish the offender, deter them from committing further crimes and deter the community
community correction order (CCO)
- a sanction that allows an offender to remain in the community whilst serving the sanction
- requires them to comply with certain basic conditions as well as one ‘optional’ condition
- can be combined with fine or imprisonment
- can help to rehab offender & protect society
imprisonment
- most serious sanction
- involves the removal of the offender from society and into a facility
- protects community & punishes offender
- acts as a deterrent
- rehab may not be achieved
concurrent vs cumulative sentences
concurrent: served at the same time when the offender is guilty of more than 1 offence
cumulative: sentences which are served one after the other
purposes of sanctions
- punishment: penalise offender, victim can seek retribution
- deterrence: general (discourage people) and specific (discourage offender)
- denunciation: court can demonstrate the community’s disapproval
- protection: safeguard community
- rehabilitation: reform an offender
factors taken into account when sentencing
- current sentencing practices
- maximum penalty for the offence
- personal circumstances of victims
- presence of aggravating factors
- presence of mitigating factors
factors that may reduce sentences
- nature and gravity of offence
- early guilty plea
- lack of prior offending
- mitigating factors (reduce seriousness of offence)
> acting under duress
> lack of injury/harm caused
> prospects of rehab
> personal strain the offender was under
factors that may increase sentences
- nature and gravity of offence
- previous offending
- impact on the victim
- injury, loss or damage suffered by victim
- aggravating factors (increase seriousness of offence)
> use of violence or explosives
> offence taking place in front of kids
> offender being motivated by hatred or prejudice
> offender breaching trust
therapeutic justice
a method used to deal with offenders in a way that addresses underlying health and personal issues of an offender and prevent reoffending
> drug and koori court
where will appeals be heard?
appeals are heard in courts higher than the original jurisdiction
- county court: from mag court against a conviction or sentence
- supreme court (trial division): hears appeals from the mag court that are made on a question of law
- supreme court (court of appeal): hears appeals from county or supreme court and has no original jurisdiction.
grounds for appeal
appeal against conviction: believed that the verdict was unreasonable based on the evidence
appeal against sentence: defendant believes that the sentence was too harsh or prosecution believes it was too light
appeal on a question of law: believed that the law was not applied correctly
Principles of justice
fairness: having fair legal processes and a fair trial. eg.
right to silence, burden & standard of proof with the prosecution
equality: being treated equal before the law. eg. independent & impartial judge, not discriminated against
access: people. should be able to understand their legal rights & pursue cases. eg. access to legal representation, open hearing, both parties have the opportunity to present evidence
