legal 1.3 part 1

victoria police

primary law enforcement body for criminal law in victoria

roles of vic police: detecting and apprehending offenders

this role involves investigating victorian crimes, collecting evidence, identifying persons of interest, executing search warrants, identifying suspects and making arrests.

roles of vic police: preventing the commission of offences

implementing strategies to deter people from engaging in criminal activity and reducing crime rates.

roles of vic police: protecting life and property

protecting those whos personal safety or property is at risk

roles of vic police: preserving the peace

this role involves maintaining public order and preventing disturbances so the community can go about their normal lives without fear.

roles of vic police: helping those in need of assistance

involves responding to emergencies or distressing situations to assist those in need of help

australian federal police

national policing agency that investigates and enforces federal law across australia as well as crimes that occur in the act

roles of australian federal police

investigate complex, transnational, serious and organised crime. protect australians and australian interests from terrorism and violent extremism, represent australian police and australian interests from terrorism and violent extremism, protect at risk places, people, and events, provide a national counter terrorism first response focused on aviation security and critical infrastructure.

balance is needed between institutional power and individual rights because:

the greater the institutional power, the greater the chance that individuals may be abused or treated unjustly by institutions. the greater the individual rights, the harder it is for institutions to do their job of preventing the commission of crimes, enforcing the law, and keeping the society safe.

police powers vs individual rights: questioning

police have the power to question suspects, who are in custody and suspected of committing an offence, within a reasonable time. individuals have the right to refuse to attend a police station if not under arrest, right to a police caution that informs you about your rights, right to silence (individuals can answer 'no comment' to all questions except their name and address), right to legal representation, right to presumption of innocence.

police powers vs individual rights: arrest

police have the power to arrest a person with a warrant or without a warrant. individuals have the right to be informed of the change/reason for arrest, right to a police caution that informs you about your rights, right to communicate with family/friend to let them know where you are, right to communicate with a lawyer to obtain advice on your rights/case, right to the presumption of innocence

police powers vs individual rights: searches

police have the power to conduct searches of people/property with a warrant, without a warrant, or with consent. individuals have the right to refuse a search by consent, right to see the warrant document (if conducted with a warrant), right to know the reasonable grounds for the search (if conducted without a warrant)

police powers: searches of property (search with a warrant)

police can make an application to the magistrates court to obtain a warrant (court order) to search a property if they believe it is necessary to: secure evidence of an offence, obtain anything that is intended to be used in an offence, recover stolen goods

police powers: searches of property (search without a warrant)

police can conduct a search of property without a warrant if the person/owner agrees to the search or the police believe they will find a person who has committed a serious indictable offence, is committing a serious indictable offence, or escaped from custody. OR if they believe a person with mental impairment may harm themselves or another person, there are illegal drugs on the property, or there is a breach of an intervention order

police powers: searches of people (arrest)

the police can search the body, clothing, and property in possession of a person under arrest

police powers: searches of people (stop and search)

police have the power to stop and search any person in a public place if they have reasonable grounds to suspect they have: illegal drugs, things that can explode or ignite, guns or weapons like knives, imitation guns, something that could be used to make graffiti. police can also conduct searches without reasonable grounds in a designated area (which are areas declared by police due to significant violence).

police powers: arrest (with warrant)

police can arrest anyone who has an outstanding warrant issued by court

police powers: arrest (without warrant)

police can arrest any person without a warrant if they are: in the process of committing a summary or indictable offence, if they reasonably believe a suspect has committed an indictable offence, to preserve public order, to prevent the continuation/ repetition of an offence, to ensure safety amf welfare of the public.

court powers: decide admissibility of evidence

the magistrate/judge has the power to decided the admissibility of evidence, which is whether the evidence will be admitted into the court. e.g police obtain illegal evidence

court powers: decide bail applications

when an accused has been charged with indictable offence, they may be brought before the magistrates court to decide whether they should be granted bail.

bail

bail is where the accused is released on conditions, pending their trial date. if an accused is denied bail, they are held in a remand centre

court powers: determine a verdict

courts have the power to determine a verdict of guilty or not guilty. this is performed by a magistrate for summary offences and a jury for indictable offences.

sentence an offender

a magistrate/judge has the power to sentence an offender to one or more sanctions if they have been found guilty of a criminal offence

delegated bodies

delegated bodies are bodies given authority by the parliament (commonwealth or Victorian) to make and enforce criminal law

examples of delegated bodies: local councils

local councils are delegated bodies from the parliament to make and enforce local laws called by-laws. e.g waste disposal, parking restrictions, local park or beach restrictions

examples of delegated bodies: vicroads