Legal U1AOS3 Sanctions

fairness

all people participate in the justice system with open ad impartial processes

Access

all people can engage with the justice system and its processes in an open and informed basis

Equality

all people engaging with the justice system should have the same treatment

role of vic police

talk to victims
question suspects
gather forensic evidence

role of afp

investigate offences against commonwealth

other victorian delegated bodies

consumer affairs vic
environment protection authority vic
local councils
state revenue office
vicroads
vic workcover authority

police rights during an arrest

ensure offender appears in court
ensure public safety

individual rights during arrest

only say name and address
brought to court promptly

individual rights during questioning

do not have to say anything
can communicate with a legal expert

individual rights during court proceedings

independent court
innocent until proven guilty

powers of prosecution during court proceedings

prepare case
speak to witnesses

powers of prison officer during imprisonment

search and examine people
inspect letters

rights of prisoner

1hr open air per day
adequate food and water

role of courts in criminal cases

determine case
impose sanction

when determining a criminal case:

• not guilty = hearing or trial

• indictable offence = magistrates for committal hearing, then determine whether a trial is necessary

when imposing a sanction:

• guilty verdict = plea hearing

• here both parties make submissions and sanction given

supreme appeal appellate

appeals from county and supreme trial

supreme trial original
supreme trial appellate

serious indictable offences
from magistrates

county original
county appellate

indictable, except treason, murder, conspiracies
magistrates from conviction or sentence

magistrates original

summary
indictable heard summarily
committal proceedings
bail and warrant applications

strengths of court

impartial, specialised, formal, hierarchy

weaknesses of court

difficult to understand, disadvantaged without representation, stress, appeal not automatic

when are juries used

only for county and supreme original, or an indictable offence

jury composition

12, 3 extra in case of withdraws, over 18, selected at random

when can people not sit on the jury

disqualified
ineligible due to occupation
excused in difficult circumstances

role of jury

listen to evidence
concentrate during trial
determine guilty or not guilty

strengths of jury

independent
community involved

weaknesses of jury

no reason for decision
difficult task

purposes of sanctions

punishment, deterrence, denunciation, rehabilitation, protection

types of sanctions

fine, imprisonment, cco

fine

monetary penalty paid by offender to the state

effectiveness of fines factors

financial circumstances
amount
if fine is ever paid

CCO

allows offender to remain in community while serving sentence

when is CCO imposed

punishable by over 5 penalty units
consents to making of a CCO

conditions of CCO

mandatory - offence not punishable by imprisonment
optional - must be supervised

effectiveness of CCO factors

conditions imposed
length of CCO

imprisonment

removal of offender from society and into a secured facility

conditions of imprisonment

parole and concurrent and culmulative sentences

effectiveness of imprisonment

length of sentence
offender’s circumstances

factors that reduce a sentence

• early guilty plea

• nature of offence

• mitigating factors

• lack of prior offending

• remorse

factors that increase a sentence

• nature of offence

• aggravating factors

• prior offending

• impact of offence on victime

• injury loss or damage

drug court

specialist court able to impose a drug treatment order

drug court adv

• addresses underlying causes of crime

• avoid effect of imprisonment

drug court disadv

• not all are eligible

• expensive

Koori Court

sentencing court for FNP. 35

koori court adv

increase FNP participation
strong focus on rehabilitation

koori court disadv

not available to all offenders and in all locations

diversion programs

redirect offenders from court to avoid criminal record by placing them on a plan

diversion adv

avoidance of criminal record
saves court resources

diversion disadv

limited to certain offenders and offences

NT criminal justice system

has a local and supreme court
jury of 12 for summary. SOP beyond reasonable doubt

NT sentencing factors

-nature of offence
-extent of blame
-character
-assistance to agencies
-pleaded guilty

mandatory minimum sentences

minimum period of time an offender must spend in prison, removes judges power to impose appropriate sentence

groups with difficulties in CJS

• first nations people

• disability

• CALD

• youth people

FNP difficulty

social disadvantages and 32% of prisoners

FNP solution

koori court

Youth difficulty

lack of understand of legal system and processes

Youth solution

youth diversion programs

Disability difficulty

twice as likely to experience violence and abuse

Disability solution

courts adjust processes through pre recorded statements

CALD Difficulty

limited knowledge of their rights

CALD solution

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