VCE Legal Studies 2025 Unit 1 AOS 3: 'Sanctions'

What is the definition of fairness, and the three main features.

All people can participate in the justice system, and its processes should be impartial and open. The three main features are impartial processes, open processes (but can be closed on a court order), and participation for the accused, prosecution and victims.

What is the definition of equality?

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

What is formal equality?

Everybody is treated the same, without regard to their attributes or characteristics.

What is substantive equality?

Putting measures in the justice system to remove disparity or disadvantage. Failure to do so may give rise to an appeal. Eg. Interpreters, different oaths.

What is the definition of access?

‘All people should be able to engage with the justice system and its processes on an informed basis.’ This extends to all parties, including victims. It includes being provided with physical, technological, and financial access, as well as adequate knowledge of the justice system.

What are some institutions that enforce criminal law?

The police, including Victoria Police and the Australian Federal Police, as well as delegated bodies such as WorkSafe, Local Councils and VicRoads.

What is the role of Victoria Police?

To serve the Victorian community and to uphold the law to promote a safe secure, and orderly society. The talk to victims and witnesses, question possible suspects, examine crime scenes, gather physical or forensic evidence, conduct searches of people or property, arrest accused persons and charge people with offences. The police can prosecute summary offences in court, and give information to the Office of Public Prosecutions for indictable offences.

What are some powers of the Victoria Police?

The power to arrest without a warrant in some circumstances, the power to take the fingerprints of suspects in certain circumstances, and to enter and search premises with consent of the occupier.

What is the role of the Australian Federal Police?

To investigate offences with a federal aspect. Includes offences that are against the law of the Commonwealth and some that are against the law of a state.

What are some powers of the Australian Federal Police?

Protective service officers have the power to arrest and search a person without a warrant.

What are delegated bodies?

Given authority by the Victorian Parliament to enforce criminal laws, and some Commonwealth delegated bodies, such as the Australian Taxation Office.

What are the powers of the police during an arrest?

Police can arrest without a warrant any person found committing an offence if the police believe it is necessary to ensure the offender appears in court, preserve public order, prevent the continuation of an offence, or ensure the welfare of the public or the offender. They can also use reasonable force.

What are the rights of an individual during an arrest?

They can refuse to attend a police station unless they are under arrest, they must be informed of the reason for the arrest at the time of the arrest and the proceedings to be brought against them, they must be promptly brought before a court and have a trial without unreasonable delay, they can remain silent other than to provide their name and address, and must be released or brought before a bail justice or magistrate within a reasonable time.

What are the rights of the individual during questioning?

The right to be informed that they do not have to do or say anything, that they may communicate with a supporter and a legal practitioner, the right to an interpreter, private communication with a legal practitioner, prompt questioning, and the right to a support person if the person is under 18.

What are the rights of the accused in court?

The right to be presumed innocent until proven guilty, be informed promptly and in detail about the nature and reason for the charge, have adequate time and facilities to prepare a defence, be tried without unreasonable delay, obtain legal aid if required, have the assistance of an interpreter if needed, and to have the opportunity to challenge and rebut evidence put against them.

What are the rights of the prisoner?

The right to being in open air for at least an hour each day, be provided with adequate food, be provided with suitable clothing, receive special care and treatment if physically or mentally ill, the right to practise religion, and the right to receive at least one half-hour visit a week. Children have more rights.

What are the roles of Victorian courts in a criminal case?

To determine a criminal case and to impose a sanction.

What is the jurisdiction of the Magistrates’ Court?

Summary offences and indictable offences heard and determined summarily. If the accused pleads not guilty they receive a hearing instead of a trial.

What is the jurisdiction of the County Court?

All indictable offences except those involving treason, murder, attempted murder and certain conspiracies. If the accused pleads not guilty, they receive a trial. They hear appeals from the Magistrates’ Court.

What is the jurisdiction of the Supreme Court (Trial Division)?

All indictable offences.

What is the jurisdiction of the Supreme Court (Court of Appeal).

Appeals from the County Court and the Supreme Court, and the Magistrates’ Court when the Chief Magistrate heard the case.

What are some specialised Victorian Courts?

The Children’s Court and the Coroners Court, investigating unnatural deaths.

What are some difficulties faced by First Nations people in the justice system?

Cultural differences, including in customary law, language differences and differences in communication, and distrust in the criminal justice system.

What are some difficulties faced by young people in the justice system?

Young people are aged under 25 years. They may not understand the justice system, receive negative effects of custody such as stigma and connections with older criminals.

What is punishment in the justice system?

Penalising the offender to allow victims and families to feel a sense of justice, particularly through imprisonment and deprivation of freedom.

What is deterrence in the justice system?

To discourage the offender and others in society from committing the same or similar offences in the future by imposing a penalty that is severe enough that the offender and others ca see the serious consequences of committing crime. There is general deterrence, to discourage people in general from committing a crime, and specific deterrence aimed at stopping a particular offender from committing crimes again.

What is denunciation in the justice system?

Showing disapproval of criminal behaviour.

What is the purpose of protection in the justice system?

To ensure the safety of society by imposing a sanction that prevents the offender from harming again.

What is the purpose of rehabilitation in the justice system?

Providing offenders with opportunities such as education, training, assistance and support to give them the chance of a better future.

What are some different types of sanctions?

Imprisonment, Court secure treatment order, DATO, Youth justice centre order, Youth residential centre order, Community correction order, Fine, Adjournment, Discharge and Dismissal.

What are fines?

A monetary payment made by the offender to the state of Victoria. 1 to 3,000 penalty units. The financial circumstances of th offender, loss, destruction or damage of property and benefit received by the offender to the offence. They are often placed on businesses. Failure to pay can result in arrest, or community work.

What is the purpose of a fine?

Punishment, and both general and specific deterrence.

What is a community correction order (CCO)?

A sanction that allows an offender to remain in the community while serving the sanction, whilst complying with the core conditions and at least one optional condition. They cannot exceed 5 years if made in the Magistrates’ Court for 3+ offences, or 2 years if one offence, or 5 years in the County of Supreme Court.

When can a CCO be imposed?

If the offence is punishable by more than five penalty units, and the offender consents to the making of a CCO. A CCO cannot be imposed if the offender has committed a Category 1 offence, or a Category 2 offence unless there are special circumstances.

What are the 6 mandatory conditions of a CCO?

Must not commit an offence punishable by imprisonment, must report to and receive visits from the community corrections officer, must report to the community corrections centre within two clear working days after the order is made, notify any change of address or employment, not leave Victoria without permission, and comply with given directions.

What are some optional conditions for a CCO?

Unpaid community work (less than 600 hours), treatment and rehabilitation, a curfew, place or area exclusion etc.

What is the purpose of a CCO?

To punish, because certain conditions are annoying. It is also a general and specific deterrent, and can help to rehabilitate and protect with the optional conditions.

What is imprisonment?

The removal of the offender from society and into a secured facility.

When can imprisonment be imposed?

All category 1 offences, and all others to category 9.

What is parole?

Parole is an early release from prison. A non-parole period must be fixed if the offender is imprisoned for two years or more. The prisoner must appeal to the Parole Board.

What are concurrent and cumulative sentences?

If an offender is guilty of more than one offence, they may receive more than one term of imprisonment. The court decides whether these sentences are served at the same time, or one after the other.

What are the purposes of imprisonment?

Protection and punishment, also a general and specific deterrent.

What are some mitigating factors in sentencing?

An offence of less gravity, an early guilty plea, lack of prior offending and demonstrated remorse.

What are some aggravating factors in sentencing?

An offence of gravity, use of violence, in front of children, prior offending, victim impact, and injury, loss or damage occurred.

What are some alternative sentencing approaches?

The Drug Court, the Korri Court and diversion programs.

What is the Drug Court?

A court intended to apply a DATO to an offender. To be eligible, the offender must be within the area of the court, plead guilty, not be punishable by imprisonment, not have committed a sexual offence or an offence involving bodily harm, be dependent on drugs or alcohol (which contributed to the offence).

What is the Koori Court?

A sentencing court available to First Nations accused, providing an informal atmosphere and First Nations representation. To be eligible, the accused must be First Nations, have committed an offence within the jurisdiction of the court, not committed a sexual offence, plead guilty and consent to the Koori Court.

What is a diversion program?

A program available in the Magistrates’ Court and the Children’s Court for summary offences. Allows the offender to join a program rather than entering a plea. It allows them to avoid a criminal record, and avoid sentencing.

What do you need to be eligible for a diversion program?

Acknowledge to the Magistrates’ Court responsibility. Have both the prosecution and accused consent, and must not be punishable by a minimum or fixed sentence.

What are the differences between sentencing practices in Victoria and the Northern Territory?

Northern Territory has mandatory minimum sentences for most crimes. Fewer courts in the NT- only two mainstream courts, Vic has three. The NT also has homes detention orders and suspended sentences. One of the highest incarceration rates in the world.