Flashcards in Chapter 3/4- Police Power & Sanctions Deck (43)
These are when terms of imprisonment imposed for two or more separate offences are to be served at the same time.
The act of putting or confine a man in prison; the restraint of a mans personal liberty. Also the most serious type of sanction one can receive in Australia.
Are terms of imprisonment that are to be served one after the other, thereby increasing the amount of time to be spent in jail.
What is an indefinite sentence?
A sentence for an indefinite period, usually for serious, violent offences and sexual offences. (Depending on their behaviour in prison)
Where are Drug Treatment orders issued?
The Drug Court (a special Magistrates' Court) is the only court that can issue a drug treatment order.
When can a drug treatment order be given?
It requires the following conditions:
1) the offender committed the crime as a result of drug or alcohol use.
2) the offender pleads guilty to the crime
3) the crime does not involve a sexual offence or an assault causing bodily harm.
How long can the drug treatment order be for?
The offender agrees to a 2 year (Max) drug-treatment order that will require the offender to:
- be of good behaviour
- undergo treatment for drug, or alcohol dependency- including periodic drug use.
- report to and accept visits from members of the Drug Court.
What happens if the drug treatment order is breached?
The offender can be imprisoned for a breach of a drug treatment order.
What is a Community Correction Order?
It is a sentencing option which allows the offender to remain in the community.
What can a community correction ordered be combined with?
It can be combined with either a fine or up to three months imprisononent. When combined with a term of imprisonment, the order will commence on the offenders release from jail.
What is the maximum period in the Magistrates Court for the community correction order?
Conditions of the community correction order include:
Not to leave Victoria without permission or without formal authority to transfer and serve out the order interstate.
Notify authorities of a change of address or employment.
Report to a community correction centre and comply with directions given by community correction officers.
Comply with any other optional conditions set by the courts.
What is a fine?
A fine is a manetary penalty expressed in levels of penalty units that can be imposed with or without a conviction. Fines are expressed in this way to make it easier to change fines across all offences.
What are the 3 things that the court will consider when deciding on the level of the fine?
-Financial circumstances of the offender,their income and whether they have a job.
- the responsibilities of the offender including dependants.
- any loss or destruction or, or change to, property suffered as a result of the offence.
- the value of benefit received by the offender from the offence.
What are the options available if the offender cannot pay a fine?
: An instalment order or a time to pay order.
: A fines work order where the offender works off the fine in unpaid community work.
: A variation or cancellation of these orders where there has been a substantial change in the offenders circumstances.
When are on the spot fines given?
On the spot fines are given for a number offences, most often they are traffic offences.
Good Behaviour Bond-
Is an order of the court that requires you to be of good behaviour for a specified amount of time.
What does it mean to adjourn with a conviton?
When an offender is found guilty of an offence, the court may decide to adjourn the case with a conviction recorded. If a conviction is recorded the offender will have a criminal record.
Good Behaviour Bond conditions-
-Appear in court at the end of the adjournment period, if called to do so.
-Be of good behaviour during the period of adjournment, which can be up to 5 years.
-Follow any conditions imposed on them, such as paying money into the poor box.
Aims of Sanctions-
1- Punish/ Law must punish offenders so that victims or their families can seek retribution without taking the law into their own hands.
2- Protect/ While imprisonment is seen as a punishment of last resort, a few offenders are given very long periods of imprisonment because the courts deem them to be a danger to society.
3- Denunciate/ The court may give a sentence that is harsh enough to show the disproval of the court; that is the court denunciates the particular behaviour.
4- Deter/ The law aims to deter the offender and others in society from committing the same or similar offences in the future.
5- Rehabilitate/ Society's best interests are to try and change offenders previous ways, thus giving them opportunities in the from of education, training, assistance etc that will hopefully make them law-abiding citizens.
5 rights of individuals on arrest-
1- Police caution: suspect is "not obliged to say or do anything but anything you say or do may be given in evidence".
2- The right to contact a lawyer or friend: A person has the right to communicate with a lawyer and a relative or a friend unless it will result in the escape of an accomplice or the destruction of evidence.
3- The right to silence: A suspect in a crime cannot be force to make a statement or answer police questions.
4- The right to a person in attendance: People under 18 must have a parent, guardian or independent person with them during police questioning.
5- Identification parades: A person can refuse to take part in an identification line-up.
A person can be held in custody for what is deemed to be a reasonable amount of time.
What are penalty units?
Penalty units are used to define the amount payable for fines for many offences. For example, the fine for selling a tobacco product to a person aged under 18 is four penalty units.
Recidivism is when a person continues to commit crimes despite being punished for them.
Define Bail Justice:
A Bail Justice works in a voluntary capacity and is a person who has been appointed to deal with bail applications.
Superannuation orders are
The court can order a government worker to give up part of their supa if they are found guilty of an indictable offence that involves corruption or abuse of position.
Confiscation orders are
It insures that criminals don't profit from their crimes, the prosecution will try to prove that a criminals assets are 'tainted' so that the court can confiscate assets that were used to commit a crime or acquired through illegal activity.
What is VOCAT?
Victims of Crime Assistance Tribunal
What is VOCAT's purpose?
Is to acknowledge and provide financial assistance to victims of violent crime committed in Victoria.
Victims may be eligible for finically assistance if:
- the person is a primary/secondary victim or related victim.
- person has suffered a significant injury as result of the violent crime in VIC.
- Crime occurred within the past 2 years
- Victim cannot receive compensation from another source.
- Victims criminal history