unit 1 revision

Question 1

The role of individuals in achieving social cohesion and protecting the rights of individuals

Answer 1

Individuals must ensure that they are aware of and follow the law, report crimes, assist police w investigations,
+ respect human rights, by not acting in a way that could lead to disharmony and a fractured society.
+ they must check all relevant laws when making any important decisions or actions.
+ it is the responsibility of individuals to ensure that they are aware of and abide the law.

Question 2

The role of laws in achieving social cohesion and protecting the rights of individuals

Answer 2

Laws set clear boundaries for acceptable behaviour, demand specific actions and prohibit harmful actions.
+ they establish fair and clear guidelines that must be followed by everyone in society.
+ laws demand we behave in certain ways and place restrictions/ prohibit certain behaviours.
Laws also help to define what rights we have and they protect our rights.

Question 3

The role of the legal system in achieving social cohesion and protecting the rights of individuals

Answer 3

The legal system deals fairly and justly w individuals who have broken the law or breached someone else’s rights.
+ they must also update any outdated laws so that social cohesion is maintained and rights are protected.
+ it also resolves disputes ensuring that individuals do not take the law into their own hands
+ criminal cases legal system enforces sanctions, and in civil cases it ensures that those whose rights have been infringed can seek remedies.

Question 4

Fairness

Answer 4

Fairness ensures that all people can participate in the justice system and its processes should be impartial and open.
E.g : right to silence, legal rep, innocent until proven guilty

Question 5

Fairness - Impartial processes

Answer 5

Everyone involved in the justice system and all criminal cases e.g. judge, magistrate, jury, must all be impartial and unbiased.
they should not be biased towards or against any party and the case must be decided based on facts and law rather than opinion and prejudice

Question 6

Fairness - Open processes

Answer 6

Cases are heard and decided in public, so that the community and the media can see justice being done.
This strengthens public confidence in justice, allows for integrity of the courts and allows for media to report on the outcome of a case and the final judgement of the court.

Question 7

Fairness - Participation

Answer 7

There must be an opportunity to know the case put against parties, opportunity to prepare a defense, opportunity to examine a witness, use of a lawyer and interpreter, trial w/o reasonable delay and allowing victims to attend court and be informed e.g. victim statement

Question 8

Equality

Answer 8

All people engaging with the justice system should be treated the same. However if the same treatment leads to disparity or disadvantage, measures should be taken to ensure that all individuals have equal opportunities to engage with the justice system (same treatment vs. diff treatment)
E.g. : koori court, legal aid for low income, disability accommodations.

Question 9

Access

Answer 9

All people should be able to engage with the justice system and its processes on an informed basis.
E.g. rehabilitation, range of courts - koori and drug

Question 10

Access - Engagement

Answer 10

Not only means actively or physically engaging but also being able to use and participate in the justice e.g. technological access, financial access and physical access

Question 11

Access - Informed Basis

Answer 11

just bc a person is able to physically attend court or access a wesbite does not mean that they are fully accessing the justice system - they should be able to do it on an informed basis - Includes understanding their legal rights and processes involved in their case and being able to obtain enough information to make reasoned decisions.
e.g. legal support services, legal rep.

Question 12

Sources of law - Common law

Answer 12

Created thru the reasons (ratio decidendi) for decisions made up by courts, which are then followed by courts in future cases where the facts are similar.
+ they are created through statutory interpretation or establishing precedents.
+ they are made when courts make decisions in cases where no statute applies, or where a law requires interpretation.
+ judges establish precedents, which lower courts in the same hierarchy must follow.

Question 13

Common law - statutory interpretation

Answer 13

Interpreting the meaning of the words in a statute when applying them to a case before the court. They cannot change the wording but they can clarify/interpret it.

Question 14

Common law - Precedent

Answer 14

Legal principle decided by a superior court, which can be found in the recorded decisions of a jurde.
By deciding a new legal issue where there’s no existing legislations or case law to apply.
- when a previous principle of law requires expansion to apply to a new situation
-

Question 15

Precedent - Persuasive precedent

Answer 15

Not binding but considered to be influential. Can be persuasive if it was:
- established in a different hierarchy (State/ country)
- in a lower court in the same hierarchy
- in the same court or as a part of the judges obiter dictum

Question 16

Precedent - Binding precedent

Answer 16

a legal principle that is established in a legal case in a HIGHER court and must be followed by lower courts in the SAME HIERARCHY in cases where the facts are similar.

Question 17

Statute law

Answer 17

Created through the legislative process in parliament, where a bill is introduced, debated and passed through both houses of parliament , before receiving royal assent. These laws are then published and become legally binding.

Question 18

Stages of a bill

Answer 18

• First reading - title is read and copies are distributed
• Second reading - purpose is explained and debate occurs + rechecked w/ the character of human rights
• Committee stage - optional but bill is examined in detail and amendments are made.
• Third reading - title is read again, changes reviewed and final version voted on
• royal assent - the crown basically governor or governor general formally approves the bill

Question 19

Criminal law

Answer 19

area of law that defines behaviour or conduct which are prohibited/banned.
It sets our sanctions for people who commit crimes.
It is an area/body of law which protects the community by establishing crimes and sanctions.
This includes the state/prosecutions prosecuting individual members of society - accused/defendant.

Question 20

Crime

Answer 20

an act or omission that breaks an existing law, is harmful to an individual or society as a whole and is punishable by law

Question 21

Sanction

Answer 21

A penalty imposed by court on a person guilty of a criminal offence

Question 22

Civil Law

Answer 22

An area of law that defines the rights and responsibilities of individuals, groups and organisations in society + regulates private disputes between two parties
+ they aim to enforce rights where harm has occurred and rectify the civil wrong/breach of rights by imposing remedies.
+ it involves one party - plaintiff - claiming that they have been wronged by the defendant (state and police are not involved).

Question 23

Civil wrong

Answer 23

When someone’s rights have been infringed and a civil law is breached e.g. defamation, negligence, trespassing.

Question 24

Remedy

Answer 24

A remedy is any order that the court makes to address the civil wrong. It is a legal solution for the plaintiff e.g. damages - money.

Question 25

Distinction between criminal and civil law

Answer 25

Criminal law is an area of law that defines the acceptable behaviour or conduct and prohibits any behaviour that may harm individuals or society as a whole, by imposing sanctions. In a criminal case, the prosecution charges against the defendant and takes them to court. The prosecution is also responsibly for proving the defendant is guilty beyond reasonable doubt. Whereas, Civil law is an area of law that concerns the rights and responsibilities of individuals, groups and organisations. It aims to enforce law by returning those whose rights have been infringed to their original state by providing remedies. Civil law deals w. disputes between individuals, groups or organisations, where one party believes they have been wronged. Civil cases are initiated by the plaintiff who must prove their case on the balance of probabilities.

Question 26

The relationship between criminal and civil law

Answer 26

The same behaviour can give rise to both a criminal case and a civil dispute. Civil and criminal law are usually seperate but sometimes can overlap. While criminal law focuses on punishing offences against society and civil law resolves disputes between two people or organisations. In some cases, the same act can lead to both a criminal and civil consequence. + These are held separately and have different outcomes

Question 27

example of relationship between criminal and civil law

Answer 27

if a person is assaulted, police will file a case against them and if they are found guilty they will receive a sanction under criminal law. The same victim may also sue the defendant for assault and receive damages for the injuries under civil law.

Question 28

Magistrates' court

Answer 28

Summary offences, indictable cases heard summarily, committal proceedings, bail and warrant applications.

Question 29

County court

Answer 29

Original - indictable offences except murder, attempted murder, certain conspiracies, corporate offences Appellate - From the magistrates court on CONVICTION OR SENTENCE

Question 30

Supreme court (trial division)

Answer 30

Original: most serious indictable offences Appellate: from the magistrates court on QUESTION OF LAW

Question 31

Supreme court (court of appeal)

Answer 31

From the county or supreme court WITH LEAVE

Question 32

Purposes of criminal law - Protecting individuals

Answer 32

Criminal law aims to protect individuals by establishing crimes and processes to deal with people who commit these crimes. by punishing offenders, it helps prevent future harm and ensures the safety of the community.

Question 33

Purposes of criminal law - Protecting property

Answer 33

aims to protect privately owned and public property. This includes protecting land and the environment and personal goods

Question 34

Purposes of criminal law - Protecting society

Answer 34

By setting standards and making it clear what behaviour is not tolerated by the community and the legal system. This helps to maintain public order and community safety.

Question 35

Purposes of criminal law - Protecting justice

Answer 35

Criminal law aims to promote justice by providing processes to deal with offenders, and to enforce the law. Having the state enforce criminal law helps prevent victims of a crime, and their family and friends, from taking the law into their own hands and imposing their own punishment on offenders.

Question 36

The presumption of innocence

Answer 36

A guarantee by the state to its citizens that if they are accused of a crime they will be considered/assumed to be and treated, as far as possible, as being not guilty until the charge has been proven beyond reasonable doubt. This means that are treated as if they not guilty until they are proven guilty or plead guilty in court. + innocent until proven guilty beyond a reasonable doubt

Question 37

protection of the presumption of innocence - burden of proof

Answer 37

+ burden of proof - prosecution prove criminal culpability rather than the accused proving their innocence

Question 38

protection of the presumption of innocence -standard of proof

Answer 38

+ standard of proof - prosecution must provide sufficient evidence to prove accused is guilty beyond reasonable doubt

Question 39

protection of the presumption of innocence - good reason

Answer 39

+ good reason - police officers need to reasonably believe a person committed a crime before arresting

Question 40

protection of the presumption of innocence - bail

Answer 40

person charged w crime has the right to appeal for and be granted bail unless there are good reasons as to why they should be denied their freedom and be held in custody

Question 41

protection of the presumption of innocence - legal rep

Answer 41

accused has the right to legal rep in court - in a serious offence the court can adjourn the trial until the accused has legal rep

Question 42

protection of the presumption of innocence - right to silence

Answer 42

accused doesnt need to give any answers and their silence should not be interpreted as a sign of their guilt

Question 43

protection of the presumption of innocence - previous convictions

Answer 43

accused previous convictions cannot be revealed in court until the sentencing process has begun

Question 44

protection of the presumption of innocence - right to appeal

Answer 44

by providing a mechanism for correcting errors that may have occurred at the trial level. When a conviction is overturned on appeal, it reinforces the idea that an individual is presumed innocent until proven guilty, and that a conviction should not be taken as definitive. Additionally, the appeal process can ensure that fair and just outcomes are reached,

Question 45

actus reus

Answer 45

guilty act - physical element of a crime For a person to be found guilty, the prosecution must prove the person physically did the wrongful action or inaction

Question 46

mens rea

Answer 46

guilty mind - mental element of a crime for a person to be found guilty, the prosecution must prove that the person knowingly/intentionally committed the wrongful action or inaction. mens rea refers to the state of mind of the accused at the time of offending

Question 47

strict liability

Answer 47

offences that do not have a mental element. the prosecutor is not required to prove that the accused had the intention to commit the crime, only actus reus. mens rea does not apply e.g. fare evasion, consuming intoxicating liquor while driving, failing to display p plates

Question 48

the age of criminal responsibility

Answer 48

minimum age a person must be to be charged with committing a crime. some people may not be held responsible for committing a crime bc they are considered to be too young to form the intention. whether a person can be charged w a crime depends on their age: -- a person under 10 cannot be charged -- a person 10 to 13 can be charged w/ a crime if the prosecution can prove that the child knew their actions were wrong at the time of the offence = rebutting doli incapax (presumption that a child 10-13 is incapable of forming mens rea) -- a person 14 or over is considered to be criminally liable for their actions

Question 49

the burden of proof

Answer 49

responsibility to prove allegations made in a case. in general, it is on the person or party who initiates or brings the case to court. in criminal cases it would be on the prosecution to prove the guilt of the accused.

Question 50

the standard of proof

Answer 50

strength of evidence needed to prove a legal case. prosecution must prove the case beyond reasonable doubt. it is not enough that the accused is probably guilty or likely to be guilty.

Question 51

Summary offences

Answer 51

minor offences heard in the magistrates court. the magistrate will determine the guilt e.g. traffic offences, disorderly conduct, drunk driving

Question 52

indictable offences

Answer 52

serious offences tried in the county or supreme court. if the accused pleads guilty, jury of 12 will be selected from the community and they will determine criminal culpability e.g. homicide, murder and manslaughter, robbery, rape

Question 53

murder

Answer 53

unlawful killing of a human being by a person who acted voluntarily and without any legal justification + it is part of a group of crimes such as homicide, which are all crimes that involve the killing of another person without legal justification

Question 54

element 1 - the killing was unlawful

Answer 54

the prosecution must prove the accused did not have a legal justification or lawful reason for causing the other persons death. - e.g. soldier killing enemy in battle, self-defence, duress, police acting in duty

Question 55

element 2 - the accused's acts were voluntary

Answer 55

the prosecution must prove the accused committed the acts when they were awake, aware and in control of their bodily actions. e.g. not sleepwalking or epileptic seizure. + actions must be deliberate and not the result of an unintentional accident e.g. falling over.

Question 56

element 3 - the accused committed the actions that caused the victims death

Answer 56

the prosecution must prove the accused committed acts that contributed significantly and substantially to the victims death. + that is the prosecution must prove that the acts were committed, and also prove causation, meaning it must be proven that there was a direct and unbroken causal link between the accused actions and the death of the victim.

Question 57

element 4 - the accused acted with intent to kill or cause serious harm

Answer 57

the prosecution must prove the accused acted w a guilty mind - mens rea at the time of the offence. in particular the prosecution must prove that when the accused committed the acts, they either: - intended to kill someone or cause them really serious injury or; - knew that it was probable that death or really serious injury would be a result of their actions

Question 58

self-defence

Answer 58

- in murder cases, the accused must believe their actions were necessary to protect themselves or another person form death or significant injury - a person is not guilty of an offence if the person carries out the conduct constituting the offence if: + the person believes the action was necessary in self defence + believes it was a reasonable response in the circumstances as the person perceives them

Question 59

intoxication

Answer 59

intoxication means intoxicated bc of alcohol, drugs, or any other substance. a persons intoxication must not be self induced meaning it happened - a) involuntarily b) due to factors like - fraud, sudden or extraordinary emergency, accident, reasonable mistake, duress or force, or' c) from the correct use of prescribed medicine that was used in accordance w the direction of the person who prescribed it.

Question 60

automatism

Answer 60

if they committed the offence involuntarily due to having, at the time of the offence, a total loss of their body and so could not form an intention to commit a crime - mens rea. it may apply if the person was sleepwalking, had a concussion, epileptic seizure, medical condition or side effects from proper medication usage.

Question 61

impact of offence - on individuals

Answer 61

victim, family and friends - lose of life, emotional trauma: shock, fear, greif, anger -, financial loss, social consequences (fear isolation) + if case was public = public scrutiny offenders - legal penalties, criminal record, damaged reputation, difficulty w education or employment, financial loss - legal + medical costs, guilty and mental health issues.

Question 62

impact of offence - on society

Answer 62

- social cohesion can weaken due to fear of crime, leading to less trust in community and the justice system - potential loss of confidence in the legal system and community values - no longer feeling safe - vulnerable and cautious abt where they go, whom they interact w

Question 63

role of police

Answer 63

serve the community and to enforce criminal law - preserve the peace - protect life and property - prevent crime - detect and apprehend offenders - assist victims of crime or other people in times of emergency

Question 64

delegated bodies

Answer 64

- parliament does not have the time or local knowledge to make laws needed in community. - to overcome this they delegate the power to make aws to a variety of delegated bodies or subordinate bodies to make laws, and regulations which are known as DELEGATED LEGISLATIONS. + parliament does this by passing an ACT which gives another body the power to make rules e.g. VicRoads, WorkSafe Victoria

Question 65

role of jury

Answer 65

- criminal juries are used in the original jurisdiction of the county and supreme courts and to determine the guilt of an accused person who pleads not guilty + the jury must listen and understand the evidence in order to apply them to the law as directed by the judge. + they must put aside all prejudices, UNDERSTAND ALL POINTS OF LAW EXPLAINED, + and ultimately come w an unbiased, impartial and unanimous verdict solely based on those facts, as to whether the accused is guilty beyond reasonable doubt or not.

Question 66

Role of victorian courts

Answer 66

- to determine a criminal case and impose a sanction. - if the accused pleads not guilty, it is the role of the courts to determine criminal culpability by hearing the case impartially and reaching a verdict thru jury or magistrate. - then the court sets a date for a plea hearing - at this hearing all facts and relevant factors also presented to take into account when sentencing and choosing what type of sentence the offender should receive

Question 67

purpose of sanction - punishment

Answer 67

+ to penalise the offender when they have done smth unacceptable + this allows victims and their families to feel a sense of justice w/o taking the law into their own hands, which would increase crimes and social cohesion would no longer exist + therefore courts take it upon themselves to ensure that the offender is punished by imposing a sanction that is fair and just

Question 68

purpose of sanctions - deterrence

Answer 68

the law aims to discourage the offender and others in society from committing the same or similar offences in the future + by imposing a sanction that is severe enough that the offender and others can see the serious consequences of committing crimes.

Question 69

purpose of sanctions - denunciation

Answer 69

when deciding on an appropriate sanction, the court may impose one that is harsh enough to show its disapproval. + this is designed to convey the message that this type of criminal behaviour will not be tolerated by the courts and the community + the denunciation of a sanction is often emphasised in cases involving offenders that could be undertaken by many members of society e.g. theft, tax fraud.

Question 70

purposes of sanctions - protection

Answer 70

- seeks to ensure the safety of society by imposing a sanction that prevents the offender from harming again. - an offender may be required to serve a term of imprisonment to remove them from society so that they cannot commit any further crimes, ensuring the safety of everyone

Question 71

purposes of sanctions - rehabilitation

Answer 71

means to treat the offender. it is in societys interest to help offenders change their ways, = otherwise crime rates and prison costs would escalate. - in providing offenders w opportunities in the form of education, training, assistance and support (counselling), the legal system hopes that they will change their offending ways and become law abiding citizens.

Question 72

fines

Answer 72

a monetary penalty that is paid by the offender to the state of victoria (not the victim) - fines are expressed in penalty units, ranging from one penalty unit to 3000 penalty units. - fines are expressed in this way to make it easier to change the dollar amount of fines across all offences and statutes each year.

Question 73

when can a fine be imposed

Answer 73

* a fine can be imposed in addition to another sententence - before imposing a fine a court considers: 1. any financial circumstances 2. what fines to impose 3. any destruction of, or damage to property bc of the offence 4. the value of benefits received by the offender form that offence 5. the forfeiture (loss from fine) 6. compensation or restitution other imposed (already paid fines)

Question 74

conditions of fines

Answer 74

can be paid by instalments - if the offender doesn't pay the court can get a warrant to arrest AND may order them to do community work, or may allow further time to pay depending on circumstances

Question 75

purpose of fines + effectiveness

Answer 75

- punish the offender - deter offender and community - if the fine is high enough it may be denunciation effectiveness: - financial circumstances and ability to pay - whether it's ever paid - whether people know the fine being imposed - whether the offender addressed their behaviour.

Question 76

Community Correction Orders (CCO)

Answer 76

- a sanction that allows the offender to remain in the community while serving the sanction. - requires them to comply w certain core "mandatory" conditions and one other "optional condition" ! mandatory - cannot commit offence punishable by imprisonment while on order, must not leave vic w/o permission, report to and visit community corrections officer ! optional - unpaid community work (not over 600hrs), treatment + rehabilitation condition, electronic monitoring

Question 77

when can Community Correction Orders (CCO) be imposed

Answer 77

A CCO can be imposed if: - the offence is punishable by more than five penalty units - the offender consents

Question 78

purpose and effectiveness of Community Correction Orders (CCO)

Answer 78

- punishment bc of conditions - general and specific detterent - maybe rehabilitation if its in optional condition - protect society if offender is kept busy and cant enter certain areas effectiveness of CCO - mandatory + optional conditoins imposed - whether offenders liberty is restricted - whether treatment conditions are imposed - the length - whether public knows

Question 79

Imprisonment

Answer 79

most serious sanction that can be imposed and involves the removal of the offender from society and into a secured facility known as a jail or prison

Question 80

when can imprisonment be imposed?

Answer 80

each offence has a maximum penalty that can be imposed for that offence. this is in the relevant statute every offence has a max. prison sentence in law and so imprisonment can be imposed if the law allows it e.g. maximum penalty for murder is level 1 imprisonment which is life

Question 81

conditions of imprisonment - parole

Answer 81

an early release from prison. in certain situations the court can fix a non-parole period, which is a period of time the offender must serve in prison before apply for parole + the offender must prove to the PAROLE BOARD that they are worthy of serving the rest of their sentence in the community

Question 82

conditions of imprisonment - concurrent and cumulative sentence

Answer 82

if the offender is guilty of more than one offence, more than one sentence may be imposed and therefore more than one term of imprisonment may be imposed most sentences are concurrent - served at the same time e.g. 3 yrs for burglary and 1 yr for stealing = 3 yrs bc sentences are served at the same times if sentences are cumulatively (ie. successively) served the offender would serve 4 years.

Question 83

purpose + effectiveness of imprisonment

Answer 83

- protect community - punish offender - general and specific deterrence - denunciation effectiveness - - length of prison sentence - offender and their circumstances - condition of prison (e.g. violence = reinforce behaviour) - whether the prisoner is treated (= achieves rehab and protection)

Question 84

factors that reduce sentence - nature and gravity of offence

Answer 84

low end scale of seriousness = convince court for less than max penalty to b imposed

Question 85

factors that reduce sentence - early guilty plea

Answer 85

saves time, resources by not having a trial + spares witnesses and victims trauma and inconvenience of a trial

Question 86

factors that reduce sentence - mitigating factors

Answer 86

reduce seriousness of an offence and criminal culpability of offender - acting under duress - good prospects of rehabilitation - personal strain offender was under - lack of injury or harm caused - early guilty plea + remorse

Question 87

factors that reduce sentence - lack of prior offending

Answer 87

shows its a one time incident and shows offenders lact of criminality

Question 88

factors that reduce sentence - remorse

Answer 88

shown thru early guilty, plea, apologies to victims, early confessions or full cooperation w/ police.

Question 89

factors that increase sentence - nature and gravity

Answer 89

high end of seriousness e.g. use of weapons and intentional conduct of the offender = court sees higher sentence as more appropriate

Question 90

factors that increase sentence - aggravating factors

Answer 90

increases seriousness of the offence and criminal culpability e,g, use of violence or explosives in front of children being motivated by hatred or prejudice being in a position of trust and breaking it (e.g. parent)

Question 91

factors that increase sentence - prior offending

Answer 91

previous criminal activity = increased sentence

Question 92

factors that increase sentence - injury, loss or damage

Answer 92

to a person or property = increase esp. if someone died or there was widespread property damage

Question 93

drug court

Answer 93

division of the magistrate and county court - intended to respond to the failure of traditional methods of sentencing offenders to adequately address drug use and offending, by directly addressing the issue of drug and alcohol dependency --> thru the drug and alcohol treatment order = aims to treat underlying causes of offending. - the drug court deals w/ offenders who commit crimes while under the influence of drugs or to support a drug habit

Question 94

eligibility of drug court

Answer 94

- the offender must reside within an area serviced by the drug court - the offender must plead guilty to the offence - the offence must be within the jurisdiction of the county or magistrate courts + BE PUNISHABLE BY IMPRISONMENT - Offence must not be sexual or one that involved bodily harm - drug court must be satisfied that the offender is dependant on drugs or alcohol, + this contributed to the offence being committed - drug court believes a sanction of imprisonment of no more than 2 years in magistrates + no more than 4 yrs in county would b appropriate otherwise

Question 95

koori court

Answer 95

- division of magistrates, children's and county court - the koori court is a sentencing court offered to first nations people. it aims to provide an informal atmosphere for sentencing + to allow representation from the first nations community in the sentencing process. - this is achieved by having Elders, Respected persons and family members present during the conversation before sentencing, as well as the sentencing - aims to increase first nations participation in the justice system, increases self-determination by enabling people to tell their own story

Question 96

eligibility of the koori court

Answer 96

- accused must be a First Nations person - offence must not be a sexual offence - accused must intend to plead guilty or has pleaded guilty - the accused must consent to the case being dealt w by the Koori Court - the offence must be within the jurisdiction of the relevant court.

Question 97

Diversion programs

Answer 97

- available in the magistrates and childrens court for SUMMARY OFFENCES - it is a way in which criminal matter can be dealt w out of court by placing the offender on a program/plan, rather than entering a plea or being found guilty - it is an opportunity for an offender to avoid a criinal record, and avoid being sentenced by a court ON THE BASIS THAT THEY COMPLY W CERTAIN CONDITIONS as part of the plan. - the program is intended for first-time offenders. it aims to reduce reoffending and assist rehabilitation, rather than having first-time or low-risk accused people enter the criminal justice system

Question 98

eligibility for diversion programs

Answer 98

- the accused must acknowledge to the Magistrates Court responsibility for the offence - it must appear appropriate to the Magistrates Court that the accused should participate in the program - both the prosecutor and the accused must consent to the matter being diverted - the offence must not be one that is punishable by a maximum or fixed sentence or penalty (e.g. suspension of license)