SAC three Legal

Criminal law aim

aims to protect the community by defining what a crime is and determining appropriate penalties for offenders.

Courts aim

need to decide whether the person is guilty of the offence and, if so, impose a penalty on that person

Who prosecutes indictable offences in VIC

prosecution, undertake it on behalf of the state

Define fairness

all people can participate in the justice system and its processes should be impartial and open

how fairness can be achieved with impartial process

all people involved must be independent and impartial. they cannot be biased toward any party, and the case must be decided on facts and law not opinion and prejudice.

how fairness can be achieved with an open process

cases are heard and decided in public, so the community and media can see justice done. Some circumstances may require a closed court.

Define equality

All people engaging with the justice system and its processes should be treated equally. If the same way causes disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage

Distinguish between fairness and disparity

fairness is about processes and equality is about how someone is treated

how can same treatment cause disadvantage

given court system is adult-orientated, a child would suffer a significant disadvantage because they may get treated like any other person.

Define access

all people should be able to engage with the justice system and its process on an informed bias

does access relate to just the accused

it extends beyond the accused, requires all parties, including victims, to be able to obtain information needed for a criminal case

Define informed basis

everyone needs to have a level of information or understanding about the system, the processes and their rights to be able to engage and make decisions.

Role of the Police

to serve the community and the law, and to enforce criminal law

What does police preserve

preserve the peace, protect life and property, prevent crime

Role of Victoria Police

serve the Victorian community and to uphold the law to promote a safe, secure and orderly society

Key role of Australian Federal Police

investigate offences that have a federal aspect- including offences that are against law of the Commonwealth and certain offences that are against the law of the state

Define delegated bodies

an authority or agency given the power by parliament to make and/or enforce laws

Define international treaty

legally binding agreement between countries or intergovernmental organisations, in which they undertake to follow obligations set out in agreement and include them in their own local laws