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Legal Studies 1 & 2 > AOS3 > Flashcards

AOS3 Flashcards

(60 cards)

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1
Q

List 5 roles of Victoria Police

A
  • Preserving the Peace
  • Protecting life and property
  • Preventing the commission of offences
  • Detecting and apprehending offenders
  • Helping those in need of assistance
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2
Q

Role of the Australian Federal Police
(AFP)

A

They investigate and enforce offences that have a federal aspect (offences that are against the law of the Commonwealth or a territory)

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3
Q

Role of the Protective Services Officers (PSO’s)

A

Protective Services Officers (PSOs) are a group of uniformed and armed officers who have broad powers to apprehend, arrest, search and fine people

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4
Q

Difference between PSO and Police Officers

A

The main difference between a PSO and a police officer is where they work. A PSO will work in a designated area eg. Railways stations

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5
Q

Definition of Delegated Bodies

A

Bodies that are given authority by Parliament (Victorian or Commonwealth) to make or enforce criminal laws are called delegated bodies

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6
Q

3 Examples of Delegated Bodies

A
  • Vic Roads
  • Australian Taxation Office
  • Local Councils
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7
Q

3 Reasons of Delegated Bodies

A
  • Time
  • Expertise
  • Local Knowledge
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8
Q

Expand on ‘Preserving the Peace’ on the role of Victoria Police

A

Allowing the community to undertake their normal lives confidently and safely without fear

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9
Q

Expand on ‘Protecting life and property’ on the role of Victoria Police

A

Police have a number of departments dedicated to saving life and property including Water Police, The Air Wing and Missing Persons Squad

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10
Q

Expand on ‘Preventing the commission of offences’ on the role of Victoria Police

A

Preventing crime, deterring people from committing crime and educating the public

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11
Q

Expand on ‘Detecting and apprehending offenders’ on the role of Victoria Police

A

Most police resources are used to detect and investigate crime

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12
Q

Expand on ‘Helping those in need of assistance’ on the role of Victoria Police

A

Beyond law enforcement eg. Acting in emergencies to save lives

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13
Q

Expand on the Example of Delegated Bodies ‘Vic Roads’

A

authority to prosecute certain road and traffic offences. Can issue infringement notices for breached of road rules

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14
Q

Expand on the Example of Delegated Bodies ‘Australian Taxation Office’

A

Investigate serious tax-related fraud offences. They can prosecute those who fail to or fraudulently lodge tax returns

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15
Q

Expand on the Example of Delegated Bodies ‘Local Councils’

A

Create by-laws for the local area, such as the issuing of permits and fines (parking) etc

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16
Q

Expand on the Reason for Delegated Bodies ‘Time’

A

Parliament does not have the time to make every law or regulation

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17
Q

Expand on the Reason for Delegated Bodies ‘Expertise’

A

Parliament does not have the expertise or technical knowledge to make certain law

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18
Q

Expand on the Reason for Delegated Bodies ‘Local Knowledge’

A

Parliament does not have the local knowledge to make laws that would reflect the needs of all communities

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19
Q

Define Police Powers

A

Powers that can be excercised by police to assist them in carrying out their duties

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20
Q

Define Individual Rights

A

Rights belonging to people when they are interacting with the justice system

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21
Q

Define a Warrant

A

A court order that gives police permission to carry out their duties

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22
Q

List the 5 individual rights

A
  • Refuse to attend a police station
  • Giving Name and Address
  • Right to Silence
  • Right to Legal Represenatation
  • Righ to a phone call
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23
Q

Expand on Refusing to attend a police station

Individual Right

A

Individuals can refuse to attend the police station unless they are under arrest

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24
Q

Expand on Giving Name and Address

Individual Right

A

You can refuse to answer police questions but you must provide your name and address if it is believed you have committed an offence, are about to commit, or could assist in the investigation of a serious offence

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25
Expand on Right to Silence | Individual Right
Innocent until proven guilty, do not have to prove your innocence
26
Expand on the Right to Legal Representation | Individual Right
A person can ask for legal representation at any time, no matter if they are a suspect, witness or victim
27
Expand on the Right to a Phone Call | Individual Right
A person who is being questioned or under arrest has the right to notify a family member/friend as to their location
28
Police can obtain a warrant to search premises if they believe it is necessary to: | 3 points
* Secure Evidence * Obtain something that is intended to be used in an offence * Recover stolen goods
29
Police can search premises without a warrant if the owner agrees to the search or if they believe they will find a person who has:
* Committed a serious indictable offence * Escaped from custody * Is committing a serious indictable offence
30
Police can also search without a warrant if:
* A person with mental impairment may harm themselves/someone else * Illegal drugs * Breach of an intervention order
31
If a person is under arrest police can search: | Police Powers - Search People
the body, clothing or property in possession of a person under arrest
32
Power to stop and search: | Police Powers - Search People
Any person or anything in possession of a person or a vehicle as long as it is under reasonable grounds to conduct a search
33
Weapons | Police Powers - Search People
May seize and detain any item that is suspected to be a weapon
34
Police may make an arrest without a warrant if that person is: | 5 points
* Found to be committing an offence * Reasonable believed to have committed an indictable offence Or to: * Preserve public order * Prevent the continuation of an offence * Ensure the safety and welfare of the public
35
Police can use ... when making an arrest
reasonable force
36
List the 3 court powers
* Decide on admissibility as evidence * Request the accused to be remanded * DPP right to prosecute offenders
37
Expand on the courts' powers to decide on the admissibility of evidence | Court Powers
The court can decide what evidence will and will not be allowed to be presented
38
Explain how the court can request the accused to be remanded | Court Powers
During pre-trial, the prosecution may request the accused to be held in custody, however it must be proved bail should not be granted
39
Explain the DPP right to prosecute offenders | Court Powers
Presenting evidence and witnesses which can be cross examined by the acccused
40
Why must police powers and individual rights be balanced?
Police powers and individual rights must be balanced to ensure that no institution or individual has all the power. Police need enough power to investigate crimes effectively whilst respecting and upholding the individual rights of people within the community
41
Outline the Original Criminal Jurisdiction of the Supreme (Court of Appeal)
No original Jurisdiction (Appeals Court Only)
42
Outline the Original Criminal Jurisdiction of the Supreme (Trial Division)
Most serious indictable offences such as murder, treason and murder related offences.
43
Outline the Original Criminal Jurisdiction of the County Court
All indictable offences except murder, treason and murder related offences.
44
Outline the Original Criminal Jurisdiction of the Magistrates' Court
Summary offences Indictable offences heard summarily Committed proceedings Warrants and Bail Applications
45
Outline the Appellate Criminal Jurisdiction of the Supreme Court (Court of Appeal)
From SC (TD) : All Appeals From CC : All Appeals
46
Outline the Appellate Criminal Jurisdiction of the Supreme Court (Trial Division)
From MC : Point of Law
47
Outline the Appellate Criminal Jurisdiction of the County Court
From MC : Against conviction and against sentence
48
Outline the Appellate Criminal Jurisdiction of the Magistrates' Court
No Appellate Jurisdiction (No one to appeal from)
49
State the definition of Jurisdiction
Each court has a jurisdiction or a list of cases it can hear. Most courts will have both an original jurisdiction (cases being heard for the first time) and an appellate jurisdiction (cases being heard on appeal) Most. courts also have a criminal jurisdiction (crimes) and a civil jurisdiction (torts)
50
Define Court Hierarchy
A ranking of courts with the highest (those hearing the most serious offences) at the top and the lowest (those hearing less serious offences) at the bottom.
51
Define Committal Proceedings
Criminal pre-trial procedures that occur in the Magistrates' Court for all indictable offences.
52
What are the two reasons for the Victorian Court Hierarchy
* Specialization * Appeals
53
Define Specialization | Reason for Victorian Court Hierarchy
The court hierarchy allows courts to develop expertise in particular areas of criminal law by ranking them in order of higher to lower and assigning each court with a specific jurisdiction. This means courts regularly conduct hearings/trials of a particular type of matter, enabling court staff and judges to develop expertise in dealing with these matters, creating consistency and fairness.
54
Define Appeals | Reason for Victorian Court Hierarchy
The court hierarchy allows for decisions of lower courts to be reviewed by higher ranking courts with more authority and expertise to overturn decisions through appeals. This allows both parties to correct errors in law, conviction or sentence made by lower ranking courts, which establishes a fair process.
55
When do committal proceedings occur and what is their main purpose?
Prior to trial, to determine whether there is evidence of sufficient weight for a jury to convict the accused.
56
What happens if there is evidence of sufficient weight/insufficient weight?
If there is not, the case will not go to trial and the accused is free. If there is, the accused will face trial for their indictable offence.
57
State the 3 roles of Jury
Remain independent and impartial Listen and consider evidence Determine a Verdict
58
State the role of Jury (Remain independent and impartial)
A jury must approach the case with an open mind and without any bias or preconceived ideas. They must not conduct their own research or make decisions based on anything other then the evidence presented in court. They must also keep deliberations confidential.
59
State the role of Jury (Listen and consider evidence)
Jury members must actively listen during the trial and take notes if required.
60
State the role of Jury (Determine a Verdict)
A jury's main role is to determine, based on the evidence, whether the accused is guilty of the charge/s. They should do this by debating the evidence and deciding the facts of the case based on the evidence. They should consider if they have any doubt as to the accused guilt.

Legal Studies 1 & 2 (2 decks)

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