Sanctions

Question 1

Victorian Police

Answer 1

Victoria Police Act 2013 (Vic)
Prevent - patrol areas and maintain a presence
Investigate - talk to witnesses and victims, question suspects and examine and collect evidence from crime scenes
Prosecute - arrest, charge, prosecute summary offences, send info to the Office of Public Prosecutions (OPP)

Question 2

Australian Federal Police

Answer 2

Investigate and enforce criminal laws which have a federal aspect such as transnational, serious and complex organized crime, cybercrime, child protection and counterterrorism. AFP works with state police on many investigations.

Question 3

Delegated Bodies

Answer 3

Specific agencies that have been granted authority by parliament to both create and enforce laws - assigned by an Act of Parliament
T/f lessens the investigation burden on police
E.g. VicRoads.

Question 4

Powers and Rights

Answer 4

Law enforcement institutions use investigative and prosecution powers when undertaking their duties. However, institutional powers must be balanced against rights of individuals.
Non-exhaustive list of the sources of institutional powers;
> Police powers of arrest and questioning are in the Crimes Act 1958 (Vic)
> Prosecution powers are in the Criminal Procedure Act 2009 (Vic)
> Imprisonment powers are in the Corrections Act 1986 (Vic)

Question 5

Arrest Powers

Answer 5

A warrant is a court document allowing a person (e.g. a police officer) to undertaken a certain action (e.g. arrest, search)
Police can arrest without a warrant any person they find committing a summary or indictable offence if the police believes it is necessary to;
> Ensure the offender appears in court
> Preserve public order
> Prevent the continuation or repetition of an offence or commission of a further offence
> Ensure the welfare or safety of the public or offender

Police can also arrest without a warrant if they have reasonable grounds to believe that a person has committed;
> An indictable offence in Victoria
> An offence elsewhere which would be an indictable offence in Victoria

Police can use reasonable force when making an arrest. ‘Reasonable’ depends on circumstances

Question 6

Arrest Rights

Answer 6

The police have no power to detain an individual unless they are under arrest. Therefore, an individual can refuse to attend a police station if they have not been arrested. An individual must be informed of the reason for the arrest at the time of the arrest. After the arrest, an individual must be released (unconditionally or on bail) or brought before a bail justice or Magistrate within a reasonable time of being taken into custody. What constitutes a reasonable time is dependent on the circumstances (e.g. complexity and number of charges, means of transport)

Question 7

Questioning Powers

Answer 7

Police can request a persons name and address if;
> They have committed or are about to commit a summary or indictable offence
> May be able to assist in the investigation of an indictable offence - it is a summary offence to refuse this request or give a false name
When an arrested person is being held in custody, for a reasonable time, police have the power to question them to determine if they have been involved in an offence

Question 8

Questioning Rights

Answer 8

Before interviewing an arrested person, the police must formally caution them of the following;
> They have the right to remain silent but anything they say or do may be given in evidence in court (this evidence must be recorded for indictable offences)
> They can attempt or communicate with a relative or friend to inform them of their whereabouts and/or a legal practitioner in private (can be deferred if may result in the escape of an accomplice, destruction of evidence or the questioning is highly urgent)
> Must arrange an interpreter and defer questioning if the suspect is not fluent in English
> A parent/guardian/independent person must be present if arrested person is under 18 or has an intellectual disability

Question 9

Court Proceedings Powers Prosecutors

Answer 9

Prepare the Crown’s case by working with the police, examine witnesses in trial (and cross-examine and re-examine) and negotiate with the accused about an early guilty plea.

Question 10

Court Proceedings Powers Courts

Answer 10

Magistrates determine guilt and sanctions for summary offences whilst County and Supreme Court judges determine the sanction for indictable offences.
Magistrates determine whether there is enough evidence to support a conviction for indictable offences during Committal Proceedings.
Magistrates and judges determine which evidence is admissible during trial.
Magistrates and judges determine whether bail should be granted if the police request that the accused remains in custody.

Question 11

Court Proceedings Rights

Answer 11

The accused person has certain rights during the trial process. Many of these are protected by the Victorian Charter of Human Rights and uphold the principles of justice.
> Be presumed innocent until proven guilty
> Have the proceeding decided by a competent and impartial court after a fair and public hearing
> Obtain legal aid if interests of justice require it
> Have adequate time and facilities to prepare a defense
> Have the opportunity to challenge and rebut prosecution evidence
> Be tried without unreasonable delay
> Have the assistance of an interpreter if required

Question 12

Imprisonment Powers

Answer 12

Corrections Victoria (part of the Department of Justice and Community Safety) oversees the detention of offenders. Under the Corrections Act 1986 (Vic), prison officers can;
> Search and examine any person
> Seize unauthorized goods
> Arrange medical tests for drugs and alcohol
> Require prisoners to be electronically monitored

Question 13

Imprisonment Rights

Answer 13

Under the Corrections Acts 1986 (Vic), prisoners have the right;
> To be in the open air for at least one hour per day
> To adequate food (including special dietary food)
> To suitable clothing
> To access reasonable medical and dental care and treatment
> To access special care if has a disability or mental illness
> To practice religion
> To receive a t least one half-hour visit per week

Question 14

Role of Courts in Criminal Cases

Answer 14

1. Manage, hear and determine a criminal case if the accused pleads not guilty
   > Courts provide case management by giving orders and directions to ensure hearings proceed without delay
   > Courts provide specialization and expertise in the type of case they are hearing
   > Magistrates determines guilt in the Magistrates Court whilst a jury decides guilt in the County and Supreme Courts
   > Magistrates Court hears committal proceedings for indictable offences
   > County, Supreme and High Courts hear appeals on a question of law or fact
2. Impose a sanction if the accused pleads or is found guilty
   > A plea hearing takes place where both sides make submissions about relevant sentencing factors
   > Then there is a sentencing hearing where the magistrate/judge will hand down the sanction. A judgement will be written and published in higher courts.

Question 15

Committal Proceedings

Answer 15

If the accused is charged with an indictable offence, the case will go through committal proceedings in the Magistrates Court.
1. Committal Mention - an accused pleads guilty or not guilty. Case may be sent to be heard summarily if requirements met.
2. Committal Hearing - if accused pleads not guilty, the Magistrate determines whether there is sufficient evidence to support a conviction in a higher court.

+ - filter out weak cases and ensures judicial resources in higher courts are used efficiently and they inform the accused of the case against them and allow them to test the evidence
- - most people are committed to stand trial with only a few cases being discontinued therefore recent research suggests that committal proceedings increase delays and costs

Question 16

Magistrates Court Jurisdiction

Answer 16

Original Jurisdiction
> Summary offences
> Indictable offences heard summarily
> Committal proceedings for indictable offences
> Bail and warrant applications

Appellate Jurisdiction
> None

Question 17

County Court Jurisdiction

Answer 17

Original Jurisdiction
> Most indictable offences (except murder, treason or manslaughter)

Appellate Jurisdiction
> Hears appeals from the Magistrates Court on question of facts (unless the Chief Magistrate heard the case)
+ Convictions
+ Sentences

Question 18

Supreme Court (Trial Division) Jurisdiction

Answer 18

Original Jurisdiction
> Indictable offences (generally the most serious the cannot be heard in the County Court)

Appellate Jurisdiction
> Hears appeals from the Magistrates Court on question of law (unless the Chief Magistrate heard the case)

Question 19

Supreme Court (Court of Appeal) Jurisdiction

Answer 19

Original Jurisdiction
> None

Appellate Jurisdiction
> Hears appeals from the County and Supreme Court TD
> Hears appeals from the Magistrates Court if the Chief Magistrate heard the case
> Appeals are generally heard by three judges and can be questions on conviction, severity of sentence or questions of law
> The CoA must grant ‘leave to appeal’ unless it is the DPP appealing

Question 20

When and when isn’t a jury required?

Answer 20

A jury is compulsory in the original jurisdiction of the County Court and the Supreme Court (Trial Division) to determine the guilt of the accused.

A jury is not required in the Magistrates Court, in the appellate jurisdiction of the courts or if the accused has pleaded guilty.

Question 21

Jury Composition

Answer 21

> Governed by the Juries Act 2000 (Vic)
12 jury members deliberate and decide guilt. 3 extra jury members can be empaneled to sit in reserve for lengthy trials in case a jury member must withdraw.
Members must be 18+ years old and be enrolled to vote in Victoria
Members are selected at random and are sent a form to determine eligibility. If eligible, they are sent a summons to attend court.

Question 22

Disqualified

Answer 22

Unable to serve on jury due to background
> Sentenced to a term of imprisonment for 3+ years
> Currently on bail or remand
> Undischarged bankrupts

Question 23

Ineligible

Answer 23

Unable to serve due to occupation or particular characteristic
> Judges, magistrates, police officers, members of parliament
> Unable to communicate, insufficient English, physical disability that renders them incapable of performing jury service

Question 24

Excused

Answer 24

Unable to serve due to difficult circumstances
> Poor health, live more than 50km away, advanced age, financial hardship, care giver with dependents, unable to be impartial

Question 25

Jury Selection

Answer 25

On the day of selection, jurors’ names and occupations are announced. As a juror approaches the jury box, each party can ‘challenge’ the prospective juror.
> Both parties have three peremptory challenges - no reason provided
> Both parties have an unlimited number of challenges for a cause - reason must be provided

Question 26

Role of the Criminal Jury

Answer 26

The jury in the criminal trial must;
> Concentrate during the trial and listen to all evidence
> Piece together evidence and decide the verdict

The jury must reach a unanimous verdict of 12/12.
> If this is not possible, the judge may accept a majority verdict of 11/12 for offences other than murder, treason or cultivating large quantities of drugs
> If this is not possible, there is a hung jury and the accused can be retried at a later date.

The judge in a criminal trial must provide the jury with directions as per the Jury Directions Act 2015 (Vic) to help reduce complexity and clarify principles.

Question 27

First Nations People

Answer 27

> FNP have lived in Australia for at least 65,000 years, well before the British colonized the land and declared it terra nullius (land belonging to no one)
There are numerous Aboriginal groups in Australia, all of which have a powerful connection to Country and a rich culture passed from generation to generation
FNP constitute 3.8 % of the Australian population and 1 % of the Victorian population
FNP have suffered significant injustices and human rights breaches including massacres, slavery, dispossession of traditional lands and forced removal of children
Discriminatory laws and policies have resulted in a loss of self-determination for FNP and the entrenchment of systemic racism in legal institutions

Question 28

FNP Prison Statistics

Answer 28

According to the ABS;
> From 30 June 2022 to 30 June 2023, ATI prisoners increased by 7 % (950) to 13,852
> After accounting for population growth, the ATI imprisonment rate increased by 5 % from 2,330 to 2,442 prisoners per 100,000 ATI adult population.
> At 30 June 2023, ATI prisoners accounted for 33 % of all prisoners. 78 % (10,828) had experienced prior adult imprisonment

Question 29

Underlying FNP Disadvantage

Answer 29

> FNP experience many underlying and interconnected disadvantages in health, education, housing and employment (for example, ABS reported Aboriginal employment for those aged 15-64 was at 56 % in 2021)
FNP occupy public space more often than non-Indigenous Australians due to their socio-economic status and their connection to land
These factors leads to an increased police surveillance and contact with the criminal justice system as accused persons of victims of crime
There have been many harrowing tales of when FNP are taken into police custody and have passed away

Question 30

Language Differences

Answer 30

Some FNP speak an Aboriginal language whilst others speak Aboriginal English. Many FNP require an interpreter to access the justice system; however there is a chronic shortage in Australia

Question 31

Cultural Differences

Answer 31

The customary laws of different FN groups can come into conflict with the Australian criminal justice system
> In customary law, Elders (respected persons in the community) are involved in sentencing an offender and may even carry out the punishment
> Conversely in the criminal justice system, independent judges and magistrates have this responsibility
> In customary law, punishment is aimed at restoring balance and to maintain and recognize relationships
> In contrast, sentencing in Victoria courts is more focused on retribution and making examples out of offenders to deter them and others

Question 32

Addressing Difficulties

Answer 32

Some of the ways in which the criminal justice system seeks to address the above difficulties are;
> Dedicated funding for Aboriginal legal aid to ensure that professional and culturally appropriate legal services are available (Victorian Aboriginal Legal Service - government funded service that provides legal services including criminal advice/ Djirra - provides legal representation and non-legal support to FNP experiencing family violence)
> Developing specialized courts and programs to ensure cultural differences are addressed (Koori Court - specialized division of the Magistrates, County and Children’s Courts that involves Community Elders Respected Persons in the sentencing of FN offenders
> Ongoing cultural competence training for people who work in courts/tribunals to ensure that FNP can engage with the criminal justice system (Court Services Victoria (court administration) ensures that staff attend cultural awareness and trauma training)
> Developing self-determination initiatives (CSV has a self-determination plan that seeks to provide a Koori- inclusive environment and pathway (e.g. display of flags and artwork in Victorian courts, increasing FN staff numbers))

Question 33

Purposes of Sanctions

Answer 33

If an accused person is found guilty or pleads guilty, the judge or magistrate will determine a suitable penalty.
The Sentencing Act 1991 (Vic) sets out the purposes for which sanctions may be imposed. The sentencing judge must consider the purposes.
However the judge must not impose a sentence that is more severe than necessary to achieve the purpose of the sanction (parsimony)
The court must not sentence an offender for any other purpose than;
> Punishment
> Protection
> Denunciation
> Deterrence
> Rehabilitation

Question 34

Punishment
Purposes of Sanctions

Answer 34

> Involves PENALISING the offender and HOLDING THEM ACCOUNTABLE when they have done something unacceptable.
This ensures RETRIBUTION for victims and their families who will be discouraged from enacting revenge themselves and ‘taking matters into their own hands.’
Imprisonment is the ultimate form of punishment in Australia

Question 35

Protection
Purposes of Sanctions

Answer 35

> Is achieved by REMOVING OFFENDERS FROM SOCIETY to ensure that they do not pose a risk to the SAFETY AND WELFARE of their victims or society as a whole.
Whilst imprisonment is seen as a last resort, some offenders are sentenced to long periods of imprisonment because they are deemed a danger to society.
A horrendous crime, a lack of remorse and an offender’s callous attitude indicate that a person should be removed from society.

Question 36

Denunciation
Purposes of Sanctions

Answer 36

> The court aims to publicly and formally CRITICISE the offender’s criminal behavior
The court EXPRESSES ITS DISAPPROVAL of the offender’s actions to highlight how the offender has violated the moral and ethical standards of society.
Denunciation is often emphasized in cases involving offending that could be undertaken by many members of society (e.g. tax fraud, family violence, king hits)

Question 37

Deterrence
Purposes of Sanctions

Answer 37

> Aims to PREVENT AND DISCOURAGE an offender or the general public from reoffending or committing a crime

Specific Deterrence
> The offender themselves is discouraged from committing offences of the same or similar nature through the imposition of a sanction
> Effectiveness is dependent on the offender’s personal circumstances. E.g. may be more suitable for a first time offender as opposed to an offender with extensive criminal history

General Deterrence
> Individuals other than the offender are discouraged from committing offences of the same of similar nature to avoid receiving the same sanction as committed offenders
> Effectiveness depends on public knowledge and understanding sanctions. E.g. public may not understand how a CCO is appropriate compared to a fine or prison.

Question 38

Rehabilitation
Purposes of Sanctions

Answer 38

> Achieved by sanctions that seek to BREAK THE CYCLE OF OFFENDING and address the UNDERLYING CAUSES of criminal behavior
It is in society’s best interests to help an offender reform to reduce crime rates and costs of imprisonment
Offenders are provided with opportunities such as COUNSELLING, EDUCATION AND TRAINING to provide them with a chance at a better future and become willing law-abiding citizens

Question 39

Culturally and Linguistically Diverse People (CALD)

Answer 39

> Refers to people who have been born overseas in countries other than ‘main English-speaking countries’ (Canada, Ireland, New Zealand, South Africa, UK and USA)
ABS reported that;
+ 27.6% of Aussies are born overseas
+ At least 48.2% of children have at least one parent born overseas
+ 21.4% of Aussies speak a language other than English at home
Other than English, the top 5 languages spoken in Victorian homes includes Mandarin, Vietnamese, Greek, Punjabi and Italian.

Question 40

Limited Awareness and Familiarity (CALD)

Answer 40

> Legal system in a person’s country of origin may be different (e.g. many European countries use an inquisitorial model compared to the Australian adversarial approach)
The criminal justice system is complex, daunting and overwhelming. CALD people may seek support from legally untrained individuals in their own community as opposed to legal institutions
CALD people may be unaware of their specific rights in defending a charge and accessing legal representation or legal aid

Question 41

Language Differences (CALD)

Answer 41

> A low level of English will hinder someone’s ability to communicate with their lawyers, the police and court personnel
CALD people may require an interpreter, however;
+ There are shortages in qualified interpreters yet a high demand for them
+ The interpreters may be conflicted by recognizing the accused from their community
+ Accused people may require additional characteristics from their interpreters (e.g. females wanting female interpreters)

Question 42

Addressing CALD Difficulties

Answer 42

> Various courts and service providers (VLA, CLCs) provide free interpreters. Victorian Government also offers victims of crime an interpreter friendly help-line.
Info and resources are available in different languages
+ The SC offers videos about court processes in multiple languages
+ Victorian Legal Aid has an extensive list of 36 languages that their website can be translated into
Specialist community legal centers for asylum seekers and refugees
Advice, resources and training are provided to court personnel to ensure that they promote the principles of justice

Question 43

Intersectional Disadvantage of Young People

Answer 43

> Young people describes those who are aged less than 25
A child in Vic is a person younger than 18
Young people who are particularly at risk of interacting with the criminal justice system are those experiencing homelessness, are CALD or FNP or have experienced family violence
53% of people in youth justice are victims of abuse, trauma, neglect as a child
42% of people in youth justice have witnessed family violence
The younger a child is when they are first sentenced for an offence, the more likely they are to reoffend in the future

Question 44

Addressing Youth Difficulties

Answer 44

> Youth Law Victorian is a dedicated community legal center for young people and can assist with a range of criminal charges
Youth diversion programs are used in the Children’s Court to redirect young people away from criminal justice system and help them take responsibility for their behaviors
Intermediaries are used to assist vulnerable witnesses, including children
There is currently a national debate about raising the age of criminal responsibility. The Vic Gov has committed to increasing from 10 to 12 in 2024, then subsequently to 14.

Question 45

Sanctions
Fines (Non-custodial)

Answer 45

A momentary penalty that is paid by the offender to the state (not the victim).
Expressed in penalty units ranging one to 3000. In 2024, a penalty unit is $192.31.
> E.g. the maximum fine for culpable driving causing death is 2400 penalty units ($461,544)
When imposing a fine, the court considers
> The purpose the court wishes to achieve e.g. deter of punish
> Aggravating and mitigating factors
> The offenders financial situation
A court can order a fine to be paid by instalments. If an offender defaults in making payments, the court can issue an arrest warrant, allow further time to pay or order community service work instead.
Fines are often imposed on companies as they are corporate entities that cannot be imprisoned.

Question 46

Sanctions
Community Corrections Order (Non-custodial) (CCO)

Answer 46

A non-custodial order by the court that allows the offender to remain within the community with certain conditions attached.
Can be imposed alongside a fine or imprisonment of one year or less (to be served upon their release)
Can be imposed if;
> Offence is punishable by 5 penalty units or more
> Offender has agreed to a CCO
For a single offence the maximum is 2 years and for multiple offences it can be up to 5 years
CCO cannot be imposed for category 1 offences

Question 46

Effectiveness of Fines

Answer 46

+ establishes PUNISHMENT of the offender as they cannot spend their money freely
+ a large fine enables the court to DENOUNCE immoral behavior
+ financial loss SPECIFICALLY DETERS from reoffending and GENERALLY DETERS community members
+ achieve some level of PROTECTION e.g. drivers are deterred from speeding due to high fines

• maximum penalty may not be high enough to truly PUNISH or DETER wealthy offenders (mere inconvenience)
• 90% of sentencing occurs in the Magistrates Court where judgements are not always published - limits GENERAL DETERRENCE if not media published
• PROTECTION not directly achieved as offender is not removed from society
• does not address the underlying cause of offending and therefore does not REHABILITATE the offender

Question 47

Effectiveness of CCOs

Answer 47

+ many conditions act as PUNISHMENT as they restrict the offenders liberty. Community work acts as RETRIBUTION
+ the inconvenience of conditions may GENERALLY DETER others in the community
+ tailored conditions and imprisonment of CCO not complied with allows the judge to SPECIFICALLY DETER reoffending of the offender
+ treatment orders support the offenders REHABILITATION to address the underlying cause of behavior
+ restriction of who the offender can interact with serves as PROTECTION

• victims may not view a CCO has a harsh enough PUNISHMENT
• community views of CCOs being lenient may limit GENERAL DETERRENCE
• SPECIFIC DETERRENCE and REHABILITATION are contingent on the offender’s willingness to engage with the conditions of the program
• Offender remains in the community and if they do not adhere to the conditions, PROTECTION is limited

Question 48

Sanctions
Imprisonment (Custodial)

Answer 48

Removes the offender from the community and places them in prison for a given period of time.
When a court imposes a prison term, it will usually provide a minimum period of imprisonment after which the offender can apply for parole.
Concurrent sentences - a sentence of imprisonment or detention that is served at the same time as another when the offender is convicted of more than one crime.
Cumulative sentences - a sentence of imprisonment that is served one after the other when an offender is convicted of more than one crime

Question 49

Effectiveness of Imprisonment

Answer 49

+ offender is PUNISHED through the deprivation of their liberty and restricted access to family and friends
+ imprisonment is a the most severe sanction, a last resort and communicates the courts DENOUNCEMENT of the offender’s behavior
+ the harsh environment of prison GENERALLY and SPECIFICALLY DETERS offending of a similar nature
+ society is PROTECTED through the removal of the offender from the community
+ prisons provide REHABILITATION programs to help break the cycle of offending and prepare them to be reintegrated back into society

• victims often want a harsher PUNISHMENT for violent offenders, particularly those who can apply for parole
• Victorian recidivism rate is 43.6 %, indicating a lack of SPECIFIC DETERRENCE
• if the offender is not reformed, release can often mean reoffending, limiting long-term PROTECTION
• high demand for programs and a lack of resources means that REHABILITATION is not commonly achieved

Question 50

Aggravating Factors

Answer 50

Factors or circumstances about the offender or an offence that can increase the offender’s culpability and lead to a more severe sanction.
E.g.
> Whether the crime was planned/premeditated
> Hate crimes resulting from prejudice towards a particular group based on ethnicity or religion
> The degree of brutality and cruelty, the offence was unprovoked or involved domestic violence
> The victim was a particularly vulnerable person
> The offender had prior convictions
> The offence took place while the offender was on bail or serving a CCO
> The crime was committed in front of children

Question 51

Mitigating Factors

Answer 51

Facts or circumstances about the offender or the offence that can decrease the offender’s culpability and lead to a reduction in sentence.
E.g.
> Genuine remorse
> The crime is a result of provocation
> The age of the offender, a young offender = less mature but more capable of rehabilitation
> Traumatic personal history such as growing up surrounded in family violence, drug addiction, alcoholism
> Limited or no prior criminal history
> Cooperating with police
> Early guilty plea
> Injury or harm caused by the offender was not substantial nor was there any risk to people

Question 52

Guilty Pleas

Answer 52

> Occur when a person admits that they committed the offence for which they have been charged
If there are multiple charges, the offender may choose to plead guilty to some or all of them
No trial if the accused pleads guilty pre-trial
Trial is adjourned if plea is made during and is accepted
Earlier plea more lenient sentence because taking ownership of actions and saving judicial resources

Question 53

Victim Impact Statements

Answer 53

> An account written by people directly (vic) and indirectly (friends and fam) impacted by the offence
Physical, emotional and economic effects of the offence
Inform a judge’s decision and impact the severity of the sentence
+ Severe impact on vic - increase sentence
+ vic forgiven the offender - decrease sentence
Whilst vic has the right to provide the court with a VIS, statement is given voluntarily

Question 54

Drug Court

Answer 54

A specialist court that can impose a drug and alcohol treatment order (DATO) on offenders who commit crimes while under the influence of drugs or to support a drug habit. Established in 2002 as a division of the Magistrates Court (Melbourne, Dandenong, Ballarat and Shepparton). Has now expanded to be a division of the County Court. To be eligible, the offender must;
> Reside in an area serviced by the Drug Court (access issue)
> Plead guilty to the offence
> Be dependent on drugs and/or alcohol that contributed to their offending
> Be facing an immediate term of imprisonment not exceeding 2 years in the Magistrates Court or 4 years in the County Court
> Be facing charges that are not sexual offences or involve the infliction of actual bodily harm
An offender must be screened to determine whether they are suitable to participate in the DATO program

Question 55

Drug and Alcohol Treatment Order (DATO)

Answer 55

Aimed at rehabilitation by providing a judicially supervised, therapeutically oriented treatment programs. There are 2 parts;
1. Treatment and supervision
> CORE conditions - not commit an offence punishable by imprisonment, report to and accept visits from relevant officers, give notice of change of address, not leave Victoria without permission
> PROGRAM conditions (tailored to the offender) - submit to testing, attend vocational or educational programs, attend medical or psychological treatment, not associate with specified people, reside in a specified place
2. Custodial
> Drug Court must impose an imprisonment sentence not exceeding 2 years (Mag) or 4 years (CC). This sentence is deferred while offender undergoes treatment and supervision

The DC has the power to reward offenders who have been compliant (e.g. a movie voucher, verbal praise) (controversial).
Failure to comply may result in other sanctions such as unpaid community work or the activation of the custodial sentence for a short period of time (no more than 7 days). The DATO can also be cancelled if the offender is unwilling to participate.

Question 56

Koori Court

Answer 56

A division of the Mag, CC and Child C that operates as a sentencing court for FNP.
The process is less formal than a traditional court and encourages open dialogue between the parties. Elders, Respected Persons and family members are empowered to contribute to the discussion.
The magistrate or judge is the ultimate decision maker and has the same sentencing options available as a regular court.
To be eligible, the offender must;
> Be an FNP
> Plead guilty to the offence
> Consent to the case being dealt with by the Koori Court
> Be facing charges that are not sexual offences

Question 57

Diversion Programs

Answer 57

A method used in the Mag and Child C to redirect offenders away from crim justice system and avoid a criminal record. Intended for the first time offenders or low risk people who have committed summary offences (e.g. minor drug use or possession, criminal damage).
To be eligible the offender must;
> Have committed a summary offence or an indictable offence triable summarily
> Acknowledge responsibility for the offence to the court
> Be considered appropriate to participate by the court
> Consent to the program (along with prosecution)
> Be facing a charge that does not have a minimum or fixed sentence (e.g. license suspension)

Question 58

Diversion Program Process

Answer 58

The onus is on the offender to ask for a diversion. If court agrees, the offender is redirected from the sentencing court and placed on a diversion plan. The proceeding is adjourned for up to 12 months to enable them to participate. The plan may include;
> Obtain drug or alcohol treatment or engage with counseling
> Write an apology letter to the victim
> Undertake education course
> Make a donation to charity or complete community work
If successful the offender foes not have to put in a plea. If unsuccessful the offender is sentenced accordingly.