Unit 2: SAC 1

Question 1

What is the purpose of criminal law?

Answer 1

It aims to protect the community by defining what a crime is and determining appropriate penalties for people who commit crimes.

Question 2

Define a sanction.

Answer 2

A sanction is a penalty (e.g. a fine or prison sentence) imposed by a court on a person guilty of a criminal offence.

Question 3

Explain the principle of justice: fairness in relation to criminal law.

Answer 3

• There should be fair legal processes and a fair hearing or trial
• People should have an opportunity to present their case and challenge or question the other party’s case
• Neither party should face any discrimination during the trial process

Question 4

Explain the principle of justice: equality in relation to criminal law.

Answer 4

• People should be treated equally before the law, and have an equal opportunity to present their case
• Laws and processes should not discriminate against any individual
• Laws should ensure that people and bodies cannot discriminate against other people and bodies
• An accused’s case should be heard and determined by people who are objective

Question 5

Explain the principle of justice: access in relation to criminal law.

Answer 5

• All parties should be able to understand their legal rights
• Everyone has the right and should be given the opportunity, to use legal institutions, processes
  and systems
• Victims should be able to get information about a criminal case, including information about hearings, whether an accused has pleaded guilty, and the date an offender is due to be released from prison

Question 6

List the institutions that enforce criminal law

Answer 6

The police
- Victoria Police
- Federal Police

Other delegated bodies
- WorkSafe Victoria
- Local councils

Question 7

Explain about the Victoria Police.

Answer 7

• Victoria Police Act 2013 (Vic)
• Role = serve the community, uphold the law and promote a safe society.
• Main institution

Role
- Talk to witnesses
- Question possible suspects
- Arrest accused persons

Question 8

Explain the Federal Police.

Answer 8

• Australian Federal Police Act 1979 (Cth)
• Investigates federal offences (e.g. terrorist-related offences, war crimes, and some drug offences)
• Given various powers to enforce criminal law
  (e.g. protective service officers have the power
  to arrest a person without a warrant
  and to search a person)
• May work with Victoria Police or other
  investigative agencies to identify and arrest
  possible offenders.

Question 9

Explain WorkSafe Victoria.

Answer 9

• Established under the Occupational Health and Safety Act 2004 (Vic).
• Aims to ensure the health, safety
  and welfare of employees and other individuals at work

Question 10

Explain Local councils.

Answer 10

• Established under the Local Government Act 1989 (Vic)
• Make and enforce laws relating to building and planning permits, childcare centres, rubbish and local libraries.
• Aim to ensure the peace, order and good government of local districts.

Question 11

Why do we need a court hierarchy?

Answer 11

A court hierarchy:
- allows for specialisation and expertise
- enables parties to a court case to appeal to a higher court if they are not satisfied with a decision made in a lower court
- is a necessary part of the doctrine of precedent
- allows for administrative convenience.

Question 12

What is the role of the Victorian courts in criminal cases?

Answer 12

Determine a criminal case – by deciding whether the accused is guilty

Impose a sanction – if a person has been found, or has pleaded, guilty

Question 13

Explain the role and criminal jurisdictions of Victorian Courts.

Answer 13

Magistrates’ Court:
Original jurisdiction =
- Summary offences
- Indictable offences heard summarily