Institutional powers and individual rights Flashcards
(10 cards)
What is the powers for police
arrest with or without a warrant
the police can arrest a suspect if it is necessary to:
-ensure the offecder appears in court
-preserve public order
-prevent the continuation of an offence
-ensure public safety
why can a police officer arrest a person
a police may arrest a person with or without a warrant if the officer reasonably believes the person has committed an indictable offence
the police may also use reasonable force in order to carry out arrests
what are the rights of an arrested person
-refuse to attend a police station unless under arrest
-if arrested have the right to know the reason of the arrest
-arrested has the right to be brought to trial without delay
-An arrested person has the right to ssilence
-arrested person must be released after a reasonable time, or have a bail hearing
-has the right to resist unlawful arrest but is not a good idea
The police have the power to question both arrested person and witnesses what is the person who is being questioned rights
-Be informed that they don’t have to say anything
-Have anything said be recorded
-Be informed that they can communicate with a friend or relative and a legal practitioner
-An interpreter
-A private conversation with a lawyer
-A reasonable time frame for the questioning
-Remain silent
-Have a parent or guardian present if under 18
what are the rights for bail
If a person arrested and charged with a crime they must be released
sometimes bail is refused
bail is now more difficult by legislation
there are circumstances in which a bail officer or magistrate must refuse bail
what power does the court have
power to initiate criminal proceedings against an accused person and punish them if found guilty
Summary offences- heard and determined by magistrates
For indictable offences, the Magistrates’ Court will first conduct a committal hearing in order to determine if there is enough evidence to support a trial in the County or Supreme Courts
As part of these proceedings, prosecutors have the right to gather evidence, question witnesses and negotiate with the accused
what are the rights of the accused
presumed innocent until proven guilty
Have the matter decided by a fair and impartial body
Have enough time to prepare a defence
Be informed of the nature and detail of the charge
Be tried without unreasonable delay
Have access to legal aid if needed
An interpreter
Have an opportunity to rebut evidence against them
who is corrections victoria
government department that runs prisons in victoria
what power does corrections victoria have
search and examine any prisoner
seize unauthorised goods
arrange for drug tests
electronically monitor prisoners
inspect and read letters sent to prisoners
what are the rights of prisoners
Be in the open air at least an hour a day
Adequate food
Suitable clothing
Access to reasonable medical care
The right to special care and treatment if disabled
Practice a religion
Receive at least one half-hour visit per week
