Chapter 11 Sanctions | Legal Studies for VCE Units 1 & 2

access

One of the principles of justice; means that all people should be able to engage with the justice system and its processes on an informed basis

Community Corrections Order (CCO)

a non-custodial sanction that the offender serves in the community, with conditions attached to the order

delegated body

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

denunciation

one purpose of a sanction, designed to demonstrate the community's disapproval of the offender's actions

deterrence

one purpose of a sanction, designed to discourage the offender and others in the community from committing similar offences

diversion program

a method used in the Magistrates' Court and Children's Court to divert offenders away from the court and avoid a criminal record by placing them on a plan

Drug Court

a specialist court that sentences offenders to a drug treatment order where drugs or alcohol contributed to the commission of the offence

equality

One of the principles of justice; means people should be treated the same way, but 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

fairness

One of the principles of justice; means all people can participate in the justice system and its processes should be impartial and open

fine

a sanction that requires the offender to pay an amount of money to the state

general deterrence

one purpose of a sanction, designed to discourage others in the community from committing similar offences

imprisonment

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

jurisdiction

the lawful authority of a court, tribunal or other dispute resolution body to make legal decisions and judgements

Koori Court

a division of the Magistrates’ Court, Children’s Court and County Court that operates as a sentencing court for Indigenous people

protection

one purpose of a sanction, designed to safeguard the community from an offender by preventing them from committing a further offence

punishment

one purpose of a sanction, designed to penalise the offender and show society and the victim that criminal behaviour will not be tolerated

rehabilitation

one purpose of a sanction, designed to reform an offender in order to prevent them from committing offences in the future

specific deterrence

one purpose of a sanction, designed to discourage the offender from committing similar offences

Committal hearing

a court hearing that is held as part of the committal proceeding in the Magistrates’ Court to determine whether there is sufficient evidence to support a conviction for the offence charged

jury

an independent group of people chosen at random to determine questions of fact in a trial and reach a decision or verdict

parole

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

aggravating factors

facts or circumstances about an offender or an offence that can lead to a more severe sentence

mitigating factors

facts or circumstances about the offender or the offence that can lead to a less severe sentence

drug and alcohol treatment order (DATO)

a type of sanction imposed by the Drug Court that aims to treat the underlying causes of offending, and includes both the treatment and custody of the offender