Unit 1 AOS 3

KK 1,2,3,4,5,6,7,8,9,10,11

What are sanctions?

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

What is Director of Public Prosecution (DPP)?

The independent officer responsible for commencing, preparing and conducting prosecution of indictable offence of behalf of state victoria

What is Office of Public Prosecution (OPP)?

The victorian public persecution office that prepares and conducts criminal proceeding on behalf Director of Public Prosecution

Qualities of fairness?

Impartial processes: must not be biased

Open processes: ensure community knows justice is having

Participation: opportunities to prepare a defence

Qualities of equality?

Same treatment: everyone is given the same opportunities regardless of race, religon, gender or age

Different treatment: (substantive equality) there is not always a one size fits all, intercepts providing information in different way

Qualities of access?

Engagement: physical, technological, financial access

Informed basis: need to have understanding of justice system, access to education and legal representation

What is Community Legal Centre?

Provides legal service to people who are unable to afford it

Explain the victorian police

• Law enforcement agency

• Arrest accused persons

• Charge people with offences

• Examine crime scenes

• Statutes provide powers to allow police to do their jobs

Explain the Australian Federal Police

• Australian Federal Police Act 1979 (Cth)

• Terrorist relate offences

• War crimes

• Some drug offences

• May work with Vic police

• Given powers to enforce law

What is a delegated body?

An authority or agency given power by parliament to enforce law

Delegated body example: Worksafe Aus

Aims to ensure the health, safety and welfare of employees and other individuals at work

Delegated body example: Local council

Ensures the peace, order and good government of local district and have been given authority by vic parliament to enforce local laws (by laws)

Delegated body example: VicRoads

Has authority to prosescution certain road + traffic offences

What are institutional powers?

The authority given to bodies to undertake certain actions

What are individual rights?

Australians are entitled to a number of rights + freedoms

Arrest: institutional powers

• Arresting without a warrant any person found committing an offence if police believe it necessary

• Ensures offender appears in court to preserve public order

Arrest: individual rights

• If not under arrest an individual can refuse to attend police station

• An arrested person must be brought before a court and have the right to brought to trial and must be informed for a reason of arrest + proceedings

Questioning: institutional powers

• If a person has been arrested the police has the right to ask questions to determine involvement

Questioning: individual rights

• Communications with lawyer must not be overheard

• Reasonable time

• Doesn’t need to respond to any questions

Court proceedings: institution powers

• Summary offences: charges are made at magistrates court

• Indictable offences: at magistrates court it’s determined whether evidence is sufficient enough to support conviction at trial then transferred to county or supreme

Court proceedings: individual rights

• Have charge decided by impartial court

• Presumed innocence until proven guilty

• Obtain a legal aid

• Tried without reasonable delay

Imprisonment of offender: institution powers

Imprisonment: a sanction that involves removing offender from society for a stated period of time + placing them in prisoning

• Deprived person of their liberty

Imprisonment of offender: individual rights

• right to be provided with suitable clothing

• right to 30 mins visit a week

• right to an hour outside a day

The role of Victorian Court to determine a criminal case?

To decide whether the accused is guilty

The role of Victorian Court to impose a sanction?

If a person has been found or has pleaded guilty

What is original jurisdiction?

The power of a court to hear a case for the first time

What is appellate jurisdiction?

The power of a court to hear a case on appeal

What is jurisdiction?

The lawful authority of a case, tribunal or other dispute resolution body to decide legal cases

What court is a jury not used?

Magistrates Court

What are the jury panel rules?

• Disqualified if previously imprisoned, on bail or remand

• Ineligible to serve because of a particular characteristic or because their occupation

• Excused for jury service because of circumstance that make it difficult for them

In a criminal trial, the jury must….

• Listen to all the evidence

• Concentrate during the trial

• Piece together the evidence and decide whether the accused is guilty or not guilty

What is the role of a criminal jury?

The finding of the guilt by a jury must be made beyond reasonable doubt

What is an unanimous verdict?

A decision where all jury members are in agreement and decide the same way (they all agree the accused is guilty)

What is an majority verdict?

A decision where all but one of the members of the jury agree

What are strengths of a jury?

They are dependent of the legal system and ensures fairness by deliberating on evidence and facts

What are weakness of a jury?

Community members can be disqualified or ineligible

Difficulties that first nations people may face in the criminal justice system

• Cultural or language differences

• Lack of respect

• Hardship experienced in prison

How to address difficulties first nations people face?

Having dedicated funding and developing specialised courts

Difficulties that young people may face in the criminal justice system

• Lack of understand or education

• Negative effects of custody

• Psychological barriers

• Lack of specialist legal services

How to address difficulties young people face?

National conversation about increasing the age of criminal responsibility and dedicated community legal centre (YouthLaw)

Difficulties that culturally and linguistically diverse people (CALD) may face in the criminal justice system

• Lack of financial resources

• Racism

• Language differences

How to address difficulties CALD face?

Free interpreters and availability of information in different languages

Difficulties that people with disability may face in the criminal justice system

• Physical barriers

• Lack of support services

• Community attitudes and discrimination

How to address difficulties people of disability face?

Various specialist courts and adjustment can be made to courtrooms

5 purposes of sanctions

1. Punishment

2. Deterrence

3. Denunciation

4. Protection

5. Rehabilitation

What does the sanction punishment mean?

A sanction designed to penalise the offender and show society and the victim that criminal behavioural will not be tolerated. eg, imprisonment

What does the sanction deterrence mean?

A sanction that attempts to discourage others from committing the same offence or similar offences in the future.

What is general deterrence?

Deigned to discourage others in the community from committing the crime

What is specific deterrence?

Designed to discourage the offender from reoffending

What does the sanction denunciation mean?

A sanction that acts to condemn the behaviour of the accused and show that particular behaviour will not be tolerate within society. eg, harsh enough to show it’s disapproval

What does the sanction protection mean?

Designed to safeguard to community, protection refers to when an offender is removed from society to prevent them from inflicting harm onto other. eg, longer imprisonment

What does the sanction rehabilitation mean?

Refers to when an offender is reformed in order to ensure they do not commit further crimes within the community. eg, education or support

Role of sancations?

When an offender pleads guilty or is found guilty, the court to impose a sanction

What are custodial sentences?

Offender is removed from society and into an institution

What are non-custodial sentences?

Offender serves the sentence in the community

What are fines?

A sanctions that require the offender to pay an amount of money to the state of Victoria

What is the effectiveness of fines?

The financial circumstance of offender and whether the offender has addressed their behaviour

What are community corrections order?

A flexible, non custodial sanction that the offender serves in the community with conditions attached to the oder

What is the effectiveness of community corrections?

Optional conditions imposed

What is imprisonment?

A sanction the involves removing the offender from society for a stated period of time and placing them in prison

What is parole?

The supervised and conditional release of a prisoner after that the minimum period of imprisonment has been served

What is the effectiveness of imprisonment?

The conditions of prison and how a prisoner is treated

What are sentencing factors?

When sentencing an offender, the court must ensure the sentence that if given is appropriate to the crime committed

What are aggravating factors?

Facts or circumstance about an offender or an offence that can lead to a more severe sentence

Aggravating factors that are considered in sentencing?

Committing the offence in front of minor, the offence being pre- planned, use of a weapon, the offender having a previous criminal record

What could increase a sentence?

• Nature and gravity of the offence

• Aggravating factors

• Prior offending

• Impact on victim

What are mitigating factors?

Facts or circumstance about the offender or the offence that can lead to a less severe sentence

Mitigating factors that are considered in sentencing?

Offender being young, having no prior criminal history or being of good character

What would reduce the sentence?

• Nature and gravity of offence

• Early guilty plea

• Lack of prior offending

• Mitigating factors

What is a guilty plea?

When an accused admits their guilt to the crime and can occur at any point before or during the trial

Judge consideration to the guilt plea?

• Court acknowledgment that the offender saved time and court resources

• Suggests regrets in their actions

What is the drug court?

A specialised court that is able to impose a drug treatment order on an offender where drugs or alcohol contributed to the commission of the offence

Eligibility of the drug court?

• Must live within an area

• Punishable by imprisonment

• Must not be sexual offence or bodily harm

Process of the drug court?

• A screening process

• A treatment plan for the offender is prepared

The drug court - advantages and disadvantages

Advantages - Provide support

Disadvantages - Must be less than 2 years imprisonment

What is the Koori Courts?

Specifically designed for sentencing Aboriginal and Torres Strait Islander defendants

Eligibility of the Koori court?

• Must be first nations person

• Not a sexual offence

• Plead guilty

Process of the Koori courts?

• Sit around a table

• Judge can take advice from respected person

The Koori courts - advantages and disadvantages

Advantages - Culturally appropriate

Disadvantages - Sentencing court only

What is diversion programs?

A method in the magistrates court and children court to redirect offenders away from the court avoid a criminal record by placing them on a plan

Eligibility of the diversion programs?

• Reasonability for the offence

• Both prosecution and accused must consent

Process of the diversion programs?

Must involve the offender having to obtain treatment

Diversion programs advantages and disadvantages

Advantages - allows for avoidance of criminal records

Disadvantages - prosecution can prohibit the offender from participating

Sentencing factors in NT

• Nature of offence

• How serious it was

• Offenders character

Mandatory minimum sentence in NT

NT impose a minimum sentence which is a minimum period of time that an offender must serve in prison