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

What is the role of Victoria Police?

To ‘serve the Victorian community and uphold the law so as to promote a safe, secure and orderly society.’ They can prosecute summary offences in Court.

What is the role of Vic Roads?

Improve the quality of country roads, and prosecute individuals for traffic offences.

What are some rights of the accused during court processes?

The right to be tried without unreasonable delay, and the right to be considered innocent until proven guilty.

What are some of the institutional powers of the court and prosecutors?

The power to arrange a guilty plea with the accused, the power to speak with witnesses, and the power to gather evidence.

What is the jurisdiction of the Magistrates’ Court?

Summary offences and indictable offences heard summarily. Cases in the Magistrates’ Court are not heard in front of a jury.

What are the original and appellate jurisdictions of the County Court?

Indictable offences and appealed cases from the Magistrates’ Court.

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

Indictable offences.

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

Cases that have been appealed by the County Court or Supreme Court (Trial Division).

What is the role of the jury in a criminal trial?

To listen to evidence without prejudice or bias, and decide on the guilt of the accused. Either unanimously or with eleven votes to one.

What are some of the limitations of a jury?

Jury members are not legal professionals and may not be able to follow the case, may have bias or prejudice, the parties can challenge jurors and have them removed, and they do not operate for summary offences.

What are the difficulties faces by First Nations people in the criminal justice system?

Overrepresentation, and cultural barriers.

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

Punitive measures can result in cycles of recidivism, and may not have extensive knowledge of the justice system.

What are the five purposes of sanctions?

Deterrence (Specific or General), Denunciation, Rehabilitation, Punishment (as retribution for victims and the community) and Protection.

What are the three types of sanctions?

Fines, community correction orders, and imprisonment.

What is a fine?

A monetary payment made from the offender to the state/court. It serves the purposes of Deterrence, Denunciation and Punishment.

What is a Community Corrections Order (CCO)?

A non-custodial sentence served within the community, for a maximum of two years, where the individual must follow certain conditions. They serve the purposes of Deterrence, Punishment, Protection and Rehabilitation.

What is imprisonment?

The removal of an offender to a secure facility, in order to restrict their freedom and liberty. It serves all five purposes of sanctions.

What are some aggravating factors in an offence?

Committing the offence in front of a minor, premeditating the offence, using a weapon, and the existence of a previous criminal record.

What are some mitigating factors in a crime?

The offender being young, a lack of criminal history, a good character report, and an early guilty plea.

What is the Koori Court?

A court for sentencing First Nations People, in which Aboriginal Elders or Respected Persons are able to advise the Judge on cultural issues involved in the offence. They can only be used if the accused pleads guilty, and there are a limited number of courts.

What is the Drug Court?

A court that administers Drug Treatment Orders (DTOs) to those who plead guilty of an offence caused by the use of drugs or alcohol, and who would not be facing a term of imprisonment exceeding two years, and did not commit a sexual offence.

What is a diversion program?

A rehabilitation program that aims to reform the offender, and avoid a criminal record. The offender must have their case heard in the Magistrates’ Court, must admit responsibility for the offence, receive support from the victim, and have committed an offence without a fixed sentence.