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

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Description and Tags

POJ = Principles of Justice

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28 Terms

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Sanction

penalty imposed by court imposed on person of guilty offence

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Community Corrections Order (CCO)

Sanctions imposed onto the offender which they serve in the community with certain conditions attached

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Delegated Body

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

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By laws

local laws or regulations made
by local councils that apply to residents in local areas

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Denunciation

Demonstrates court/community disapproval of offender’s actions

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Deterrance

Discourages offender and others of the general public to commit the same offences

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Diversion Program

Method used in Magistrates’ and Children’s Court designed to divert them away from the criminal justice system/court and avoid a criminal record by placing them on a plan

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Drug Court

Specialist court that sentences offenders to a drug treatment order where alcohol/drugs have contributed to the offending

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Equality

People should be equal before the law, have equal opportunity to present case without advantage or disadvantage

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Access

Individuals should be able to understand their rights, pursue legal case, seek legal aid

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Fairness

Impartial hearing and impartial processes. Pre-trial and pre-hearing processes should be fair, means equal opportunity in presenting their case and knowing the facts of their case

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Fine

Sanction which requires offender to pay monetary penalty to the state of Victoria

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General deterrence

Discourages others in the community from committing similar offence

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Imprisonment

Sanction removing offender from society for stated period of time and in prison

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Jurisdiction

Lawful authority of court, tribunal or other dispute resolution to decide legal cases

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Koori Court

Division of County, Children’s and Mags’ Court that sentences Indigenous people

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Specific deterrence

Aims to discourage offender from committing the same offence

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Protection

Safeguards community and ensure safety by preventing offender from committing further offence

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Punishment

Penalises offender, and show society and victim that criminal behaviour will not be tolerated

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Rehabilitation

Reforms offenders, prevents them from committing offences in the future

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Summary offence

Minor offence generally heard in the magistrates’ court

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Bail justice

volunteer working outside court operating hours to hear applications of bail, remand, temp accommodation relating to children

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Committal proceeding

process in Mag Crt to determine whether there is sufficient evidence for indictable offence

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Legal aid

free or low-cost legal advice, education or information about the law and the provision of legal services (including legal assistance and representation)

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Jurisdiction

the lawful authority of body to decide legal cases

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Original jurisdiction

power of court to hear the case for the first time

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Appellate jurisdiction

power of the court to hear a case on the terms of appeal

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Judge

acts are impartial and unbiased referee with no connection to either party and does not favour any side