AOS3 - Powers and Rights During Court Proceedings and Imprisonment

Question 1

Court proceedings powers - prosecutors

Answer 1

• prepare Crown’s case by working with police
• examine/cross-examine/re-examine witnesses in trial
• negotiate with accused about early guilty plea

Question 2

Court proceedings powers - courts

Answer 2

• magistrates determine guilt and sanctions for summary offences
• County and Supreme Court judges determine sanctions 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 the accused remain in custody

Question 3

Court proceedings rights

Answer 3

• most rights are protected by the Victorian Charter of human rights and uphold the principles of justice (POJ)
• include:
  
  • 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 the interests of justice require it
  • have adequate time and facilities to prepare a defence
  • have the opportunity to challenge and rebut prosecution evidence
  • be tried without reasonable delay
  • have the assistance of an interpreter if required

Question 4

Imprisonment powers

Answer 4

• Corrections Victoria oversees the detention of offenders
• Under the Corrections Act 1986 (Vic), prison officers can:
  
  • search and examine any person
  • seize unauthorised goods
  • arrange medical tests for drugs and alcohol
  • require prisoners to be electronically monitored

Question 5

Imprisonment rights

Answer 5

• Under the Corrections Act 1986 (Vic), prisoners have the right to:
  
  • be in the open air for at least one hour per day
  • adequate food (including special dietary food)
  • suitable clothing
  • access reasonable medical and dental care and treatment
  • access special care if they have a disability or mental impairment
  • practice religion
  • receive one half-hour visit per week