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Legal Studies - The Legal System > Law Reform in Action > Flashcards

Law Reform in Action Flashcards

1
Q

What law reforms have there been in domestic violence?

A
  • ADVO’s (apprehended domestic violence
    order)
  • Strangulation
  • Domestic coercive control bill
  • Domestic Violence Evidence in Chief (DVEC)
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2
Q

What is an ADVO?

A

An apprehended domestic violence order

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3
Q

When was ADVO’s reformed?

A

2014

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4
Q

Under what act were ADVO’s reformed?

A

Crimes (Domestic and Personal Violence) Act 2007 section 16

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5
Q

What was under the Crimes (Domestic and Personal Violence) Act 2007 section 16?

A

“A court may, on application, make an apprehended domestic violence order”

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6
Q

Why was the Crimes (Domestic and Personal Violence) Act 2007 reformed in 2014

A

Victims and police had to wait to get an ADVO and couldn’t get immediate protection

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7
Q

What did the reform of Crimes (Domestic and Personal Violence) Act 2007 reformed in 2014 mean for victims and police?

A

Could issue interim or provisional orders reducing wait times and providing more immediate interventions

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8
Q

What did the Crimes (Domestic and Personal Violence) Act 2007 improve in relation to REARCHAMP?

A

responsiveness and effectiveness

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9
Q

How long can officers restrain offenders for under the Crimes (Domestic and Personal Violence) Act 2007?

A

max 2hrs

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10
Q

According to the Bureau of Criminal Statistics and Research, as of June 2015, _____ people were protected by an ADVO

A

37 690

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11
Q

What source does this belong to?

as of June 2015, 37 690 people were protected by an ADVO

A

the Bureau of Criminal Statistics and Research

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12
Q

What does this:
the Bureau of Criminal Statistics and Research -> as of June 2015, 37 690 people were protected by an ADVO

highlight about the ADVO reform in 2014?

A

It’s effectiveness

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13
Q

What does the ADVO reform add as a civil matter?

A

Lower standard of proof based on the balance of powers enabling easier access

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14
Q

How does the civil matter in ADVO reform limit effectiveness

A

civil action does not have the stigma of a criminal charge

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15
Q

What case to use for ADVO reform?

A

Jessica Silva - didn’t report ex-partner to police thinking reporting would automatically activate the ADVO process

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16
Q

What source use of Jessica Silva case?

A

(Hoerr, 2014)

17
Q

What does Jessica Silva’s case show about ADVO’s

A

lack of accessibility to information regarding ADVOs and procedures

18
Q

Last sentence for ADVO paragraph

A

Whilst ADVO’s are mostly effective in protecting victims, the lack of enforcement and poor police responsiveness to breaches leave ADVOs and the related law reform only moderately effective

19
Q

Why was Strangulation reformed?

A

To increase conviction rates of offenders

20
Q

Under what act was strangulation reformed?

A

Crimes Legislation Amendment Act 2018 section 37

21
Q

What was under the Crimes Legislation Amendment Act 2018 section 37?

A

offender is charged if they “choke, suffocate or strangle a person without their consent”

22
Q

What did the Strangulation reform change about conviction?

A

Changing conviction to be based on the victims consent rather than proving the victim was unconscious

23
Q

What effect did the strangulation reform have on charges?

A

Boosted number of charges

24
Q

What source used for strangulation reform?

A

Gregoire and Nedim (2020) - “899 charges were laid” within 12 months

Cormack (2019) - “one-and-a-half times the number of convictions than the previous four years combined”

25
Q

Last sentence for strangulation paragraph

A

Therefore, the reform for strangulation has been highly effective responsive to issues of domestic violence in the legal system

26
Q

Strangulation:
where is this source from?
“899 charges were laid” within the first 12 months

A

Gregoire and Nedim (2020)

27
Q

Strangulation:
where is this source from?
“one-and-a-half times the number of convictions than the previous four years combined”

A

Cormack (2019)

28
Q

What is the source info for:
Gregoire and Nedim (2020)

A

“899 charges were laid” within the first 12 months

29
Q

What is the source info for:
Cormack (2019)

A

“one-and-a-half times the number of convictions than the previous four years combined”

30
Q

What is a Domestic Violence Evidence in Chief?

A

A video or audio recording of the domestic violence ‘complainants’ to be admitted as evidence in chief during a hearing

31
Q

What does DVEC mean for victims?

A

Victims can tell their story in their own words

32
Q

What are the advantages of DVEC?

A
  • Reduces trauma for victims
  • Reduces difficulty of remembering details
  • Increase victims ability to give an accurate
    account
  • Save time in court

Legal Studies - The Legal System (5 decks)

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