SANCTIONS Flashcards
(27 cards)
roles of victoria police
crime prevention
crime investigation
crime prosecution
australian federal police
investigate and enforce criminal laws which have a federal aspect (drug trafficking)
delegated bodies
specific institutions that have been given statutory authority over a particular area due to parliament passing an act
-worksafe victoria = ensure workplace standards are upheld
-local councils
police arrest powers (prior to court)
arrest a person-
obtain their name and address-
enter and search premises-
stop and search-
use force under certain circumstances-
(all apply when a person is found committing an offence, or they have reasonable grounds to believe the person has or will commit and offence)
arrest rights of individuals (prior to court)
right to remain silent- apart from name and address
right to be informed of the reason for arrest
must be released either unconditionally or on bail or brought before a judge within a reasonable time
right to make two phone calls
right to ask for interpreter
institutional court powers
decide on admissibility of evidence
grant or withhold bail
determine and impose an appropriate sanction
individual rights (pre and during trial)
right to remain silent
right to be trialed without unreasonable delay
right to legal representation (not guaranteed)
right to impartial judge/jury
roles of the courts
manage, hear and determine a criminal case if the accused pleads not guilty
impose a sanction if the accused is guilty
committal proceedings
determine the prima facie (at first glance) case and allow the accused the opportunity to enter a plea
filters out weak cases
Magistrates court
original jurisdiction- summary offences
indictable heard summarily
committal proceedings
bail and warrant applications
appellate jurisdiction- N/A
county court
most indictable offences
cannot hear indictable offences in extremely serious cases (murder)
appellate jurisdiction-
appeals from the magistrates on questions of fact
supreme court TD
original jurisdiction-
all indictable offences
appellate jurisdiction-
hears appeals from magistrates court on questions of law
supreme court CA
original jurisdiction- N/A
appellate jurisdiction-
appeals from all courts ( mag if chief magistrate heard)
not guaranteed rights
right to legal representation
right to appeal
role of the jury
decide the verdict based on evidence
jury eligibility
disqualified- due to background (criminal)
ineligible- occupation or physical characteristic (judges,lawyers,police), (insufficient english, disability)
excused- circumstances (poor health, financial hardship, distance)
difficulties faced by FNP
-language differences
-underlying disadvantage
-cultural differences
language barriers
aboriginal english has different meanings
cultural differences
characteristics during a hearing:
looking down
avoiding eye contact
long pauses
these are seen as respectful but in western cultures viewed as disrespectful
elders are usually involved in sentencing and promote rehab not punishment
underlying disadvantage
unemployed
low socioeconomic
little education
therefore occupy public space more than westerners and attract attention from police
addressing difficulties
-VALS- victorian legal aid for FNP
-dedicated cultural training for members of the justice system
-koori court= specialised sentencing court that involves community elders
purposes of sanctions
punishment
protection
denunciation
deterrence
rehabilitation
types of sanctions
fines
community corrections order
imprisonment
imprisonment
concurrent sentences- a sentence of imprisonment that is served at the same time as another
cumulative sentences- one after the other
