sanctions (lesson one - eight)

Question 1

lesson two

what are the different law enforcement bodies?

Answer 1

• victorian police
• australian federal police
• victorian sheriff’s office
• australian border force
• delegated bodies / authorities

Question 2

lesson two

who are victorian police?

Answer 2

• the main institution which enforces criminal law relating to both indictable & summary offences

Question 3

lesson two

what is the role of victorian police in enforcing criminal law?

Answer 3

• talk to witnesses & victims about what happened
• question suspects
• examine the scene of the crime & look for evidence
• conduct searches of ppl & /or property
• arrest accused persons
• charge ppl w/ offences

Question 4

lesson two

what is the role of australian federal police (AFP)

Answer 4

• to investigate & enforce criminal laws which have a federal aspect
• to work w/ vic police & other investigative agencies to identify & arrest possible offenders

Question 5

lesson two

what crimes does the AFP focus on?

Answer 5

• transnational
• serious complex & organised crime
• cybercrime & cyber safety
• child protection
• the recovery of the procees of crime
• countering terrorism & violent extremism

Question 6

lesson two

who is the victorian sheriff’s office?

Answer 6

• the sheriff is an officer of the supreme court & delegates their powers to officers who represent them

Question 7

lesson two

what does the sheriff’s office do?

Answer 7

• enforces warrants & orders issued by courts for ciminal disputes, typically arising from unpaid fines
• able to locate ppl & demand payment of debt

Question 8

lesson two

if a person does not take any action to resolve the matter, what are officers authorised to do?

Answer 8

• wheel clamp a vehicle w/ prior notice
• prevent the renewal of the vehicle registration
• seize & sell assets to pay the debt
• arrest the person so that they might be imprisoned as a last resort

Question 9

lesson two

what power does the australian border force have?

Answer 9

• the power to enforce customs, immigration, & border patrol

Question 10

lesson two

what are the main functions of the australian border force?

Answer 10

• facilitating the lawful passage of ppl & goods
• investigatins, compliance & enforcement in relation to illicit goods & immigration malpractice
• patrol air & seaports, remote locations, mail & cargo centres & maritime jurisdiction

Question 11

lesson three

what is a delegated body?

Answer 11

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

Question 12

lesson three

what is an other name for a delegated body?

Answer 12

• subordinate authority

Question 13

lesson three

why does parliament give power to delegated bodies?

Answer 13

• b/c parliament does not have time, expertise or local knowledge to make & enforce all laws required in the community

Question 14

lesson three

what is an enabling act?

Answer 14

• the act passed by parliament that delegates this power

Question 15

lesson three

what is a law passed by a delegated body known as?

Answer 15

• known as ‘delegated legislation’, often referred to as ‘regulations’

Question 16

lesson three

what are examples of commonwealth delegated bodies?

Answer 16

• Australian Tax Office (ATO)
• Australian Secruities & Investments Commission (ASIC)

Question 17

lesson three

what is the role of ATO?

Answer 17

• investigares serious tax-related fraud offences
• prosecutes summary offences, such as failing to lodge a tax return

Question 18

lesson three

what is the role of ASIC?

Answer 18

• investigates breaches of legislation relating to company law

Question 19

lesson three

what are examples of victorian delegated bodies?

Answer 19

• Consumer Affairs Victoria
• Local councils
• VicRoads
• Victorian Work Cover Authority (WorkSafe Victoria)

Question 20

lesson three

what is the role of consumers affairs victoria

Answer 20

• takes action in relation to breaches of consumer trading laws & tenancy laws

Question 21

lesson three

what is the role of local councils?

Answer 21

• enforce local laws where a local law makes an act / omission a criminal offence

Question 22

lesson three

what is the role of vicroads?

Answer 22

• prosecutes certain road & traffic offences
• issue infringement notices for breaches of road rules

Question 23

lesson three

what is the role of worksafe victoria?

Answer 23

• monitors & enforces compliance of OHS laws
• investigates & prosecutes any breaches in these laws

Question 24

lesson three

what are the strengths of delegated bodies?

Answer 24

• more efficient for bodies w/ expertise in an area to make laws relating to that area
  e.g. VicRoads & licensing
• eases the workload of parliaments; they do not have time to debate every law required in the community
• changes can be implemented faster. Bodies may be more responsive to the changes in society occurring in their area of expertise
• recognises different geographic areas have special requirements

Question 25

# lesson three what are weaknesses of delegated bodies?

Answer 25

- lack of democracy: delegated leg. is made by unelected members of the public --> undemocratic - lack of publicity: there is no means of publicising delegated leg. this makes it difficult for the public to know who makes laws & when these are changed - overuse: 262 new sets of Cth regulations created in 2011 alone - henry viii clauses: allow a delegated body to amend or repel acts of parliament that are inconsistent w/ delegated legislation - confusion: confusion may arise if more than one body regulates a particular area

Question 26

# lesson three why do a number of checks or safeguards exist in relation to delegated bodies?

Answer 26

- parliament retains ultimate control & responsibility for delegated bodies, ensureing delegated legislation is both coherent & relevant - regular reviews are carried out to ensure delegated bosies have acted in an appropriate manner

Question 27

# lesson three what are the specific checks that exist in relation to delegated bodies?

Answer 27

- delegated leg. must be tabled in parliament w/n a specific period of time - parliamentary committees (vic & Cth) - sunset clause - ombudsman - court challenges

Question 28

# lesson three what does 'delegated leg. must be tabled in parliament w/n a specific period of time' mean?

Answer 28

- vic parliament can disallow any proposed law of a delegated body by a resolution passed by both houses - Cth parliament might issue a 'Notice of Montion' disallowing delegated leg. - the relevant minister can be asked questions about the delegated power

Question 29

# lesson three what is sunset clause?

Answer 29

- in vic all delegated leg. ceases to have effect after 10 yrs unless the delegated body elects to extend it

Question 30

# lesson three what is ombudsman?

Answer 30

- indep. public service that investigates complaints about administrative decisions made by govt departments, local councils & statutory authorities

Question 31

# lesson three what are court challenges?

Answer 31

- delegated leg. can be challenged in the SC as being 'ultra vires' --> beyond the scop of delegated power

Question 32

# lesson four what are the institutional powers regarding arrest?

Answer 32

- can arrest w/o warrant any person found committing an offence if the police believe it is necessary to ensure appearence in court, preserve public order, prevent continuation / repetition of further offence, or ensure safety / welfare of public or offender - can arrest w/o a warrant any person reasonably believed to have committed an inditable offence - can use reasonable force when making an arrest

Question 33

# lesson four what rights do individuals have regarding arrest?

Answer 33

- can refuse to attend a police station unless under arrest (right to liberty) - under the Charter of Rights and Responsibilities, if arrested, must be advised of reason why at time of arrest & promptly informed of any proceedings to be brought against them - must be released or have suitability for bail assessed w/n reasonable time after arrest - right to silence, except it is an offence to refuse to give name & address - arrested person has the right to be tried w/o unreasonable delay

Question 34

# lesson four what is the institutional power regarding questioning?

Answer 34

- if a person is in custody for suspicion of committing an offence, police possess the power to question that person in a reasonable time

Question 35

# lesson four what rights do individuals have regarding questioning?

Answer 35

- individual is to be informed of their right to silence & anything they say may be given as evidence in court - able to communicate (or attempt) w/ friend / relative, legal practitioner - interpreter if needed - confidential communication w/ legal practitioner - if under 18, parent, guardian or indep. person must be present during questioning

Question 36

# lesson four what are the institutional powers regarding bail?

Answer 36

- prosecutor can oppose bail application - bail not given where murder charge or if 'unacceptable risk' - can impose conditions on bail e.g report to a police station, reside at a particular location, not contact person, surrender passport

Question 37

# lesson four what rights do individuals have regarding bail?

Answer 37

- entitled to bail, subject to certain conditions, w/n 24 hrs after being brought into custody - entitled to bail during postponement of hearing or whilst awaiting trial - entitled if case has been adjourned or awaiting sentence (unless deemed undesirable by court)

Question 38

# lesson four what are the institutional powers regarding court proceedings?

Answer 38

- power of prosecution to prepare case, speak w/ witnesses, obtain evidence, & negotiate plea dels - commence proceedings against that accused for purposes of obtaining a guilty verdict & punish the offender

Question 39

# lesson four what rights do individuals have regarding court proceedings?

Answer 39

- have the case heard be an indep. court; & public hearing; tried w/o unreasonable delay - presumption of innocence - adequate time to prep defence - have legal aid & interpreter if needed - have the chance to cross-examine evidence against them

Question 40

# lesson four what are the institutional powers regarding imprisonment?

Answer 40

- court has power to imprison a person for a period of time - Corrections Vic has the power to search / examine a person, seize contraband, arrange for medical tests for drugs / alcohol, or require a prisoner to be electronicallt monitored - corrections can also open, inspect, & read any mail sent to a prisoner

Question 41

# lesson four what rights do individuals have regarding imprisonment?

Answer 41

- open air for at lease an hr each day - adequate food; special dietary requirements where necessary; suitable clothing; access to medical care & dentail treatment - right to practice a religion - right to recieve at least one half-hr visit a week

Question 42

# lesson five what are the two roles of the courts in the criminal justice system?

Answer 42

1. determine a criminal case 2. impose a sanction

Question 43

# lesson five what does the courts role of , 'determining a criminal case', mean?

Answer 43

- plea of X guilty --> courts role to det. whether accused = guilty by managing & hearing criminal proceedings - provide specialisation & expertise in type of case they are hearing - provide case management & hear appeals

Question 44

# lesson five how do courts provide case management?

Answer 44

- orders are provided & directions are given so that hearings can proceed w/o delay e.g. est. timelines of when steps are to occur

Question 45

# lesson five what does it mean for courts to hear appeals?

Answer 45

- appeals can be on a point of law or against conviction / sentence. the party appealing the case is known as the appellant & the other is the respondent

Question 46

# lesson five what is the first step in the courst imposing a sanction?

Answer 46

- guilty plea / jury or mag. finds the accused guilty --> court set a date for plea hearing

Question 47

# lesson five what happens during a plea hearing?

Answer 47

- both parties make submissions about relevant factors that should be taken into acount during sentencing

Question 48

# lesson five what happens after the plea hearing?

Answer 48

- a sentence hearing will take place, where the judge will hand down the sanction - a judgement will be written if this is in the higher courts

Question 49

# lesson five what is original jurisdiction?

Answer 49

- have ability to hear certian types of cases for the first time

Question 50

# lesson five what is appellate jurisdiction?

Answer 50

- courts have the ability to hear cases on appeal from lower courts

Question 51

# lesson five what courts don't have appellate jurisdiction?

Answer 51

- Mag. court - Childrens court - Coroners court

Question 52

# lesson six what is the drug court?

Answer 52

- division of the MC - based in Dandenong - deals w/ offenders who have drug problem

Question 53

# lesson six what crimes does the drug court deal with?

Answer 53

- deals w/ offenders who plead guilty to a crime committed under the influence of drugs or to support a drug habit - crime must not involve sexual offences or assualt causing bodily harm - offence committed must be within the jurisdiction of the M'sC & be punishable by imprisonment

Question 54

# lesson six what can the drug court do in terms of imprisonment?

Answer 54

- can suspend a term of imprisonment in favour of a two-year drug treatment order (DTO)

Question 55

# lesson six what must the offender do whilst completing a DTO?

Answer 55

- the offender is to be of good behaviour - undergo treatment - report to & accept visits from the drug court team - inform the court of any changes of address - not leave the state

Question 56

# lesson six what is the Koori Court?

Answer 56

- division of MC - located across numerous places in vic - less formal environment: participants sit at a round table

Question 57

# lesson six who is the koori court available to?

Answer 57

- only to aboriginal individuals who have pleaded guilty

Question 58

# lesson six what cases does the koori court determine sanctions for?

Answer 58

- criminal cases, except sexual offences, domestic violence cases ot breaches of intervention orders

Question 59

# lesson six what does the magistrate do in the koori court?

Answer 59

- can take advice from aboriginal elder on cultural issues & appropriate sentence h/w magistrate is the ultimate decision-maker & uses standard sanctions

Question 60

# lesson six what does the neighbourhood justice centre provide?

Answer 60

- a court - on-site support services for victims, witnesses, defendants & local residents - mediation & crime prevention programs - community meeting facilities

Question 61

# lesson six why does the neighourhood justice centre work closely w/ the local community?

Answer 61

to: - address underlying causes of offending - provide opportunity, education & supp. for victims, witnesses, defendants & local residents - assist in preventing crime - stop the "revolving door" of crime & punishment - increase the communities involvement in the administration of justice - increase access to justice

Question 62

# lesson one what is fairness?

Answer 62

- to treat w/o fear or favour - is achieved in the criminal justice system when objective legal processes are in place & all parties recieve a fair & unbiased hearing

Question 63

# lesson one what are the many processes that exist w/n the criminal justice system to ensure fairness?

Answer 63

- regulation of police questioning & that right to silence - entitlement of the accused to know the details of the charges faced - right to trial before an independent judge & jury - strict rules of evidence & procedure

Question 64

# lesson one what are the legislations that promote fairness?

Answer 64

- the Sentencing Act 1991 (vic) states as one of its purposes: "to provide fair procedures... for imposing sentences" - the Victorian Charter of Human Rights & Responsibilities Act 2006 provides for the right to a fair hearing

Question 65

# lesson one what is equality?

Answer 65

- the criminal justice system aims to achieve equality by ensuring all are treated w/ the status, rights & opportunities - section 8 (3) of the Victorian Charter of Human Rights & Responsibilites specifies that "every person if equal before the law & is entitled to the equal protection of the law w/o discrimination."

Question 66

# lesson one what is access?

Answer 66

- to ensure all have the means or opportunity to access the legal system & attain dispute settlement

Question 67

# lesson one what are examples of access w/n the criminal justice system?

Answer 67

- an individual must possess the ability to obtain legal advice in a language they understand - an individual must be able to recieve legal advice or be legally represented even if they are financially disadvantaged - an individual must be able to attend a court close to their place of residence

Question 68

# lesson one what is the criminal pre-trial procedure?

Answer 68

- the process used to bring a suspect to court depends largely on the seriousness of the offence

Question 69

# lesson seven when will a summons' be used?

Answer 69

- a summons' will be used if an individual has been charged w/ a minor offence & it is expected that they will appear in court

Question 70

# lesson seven what does the summons inform?

Answer 70

- informs the accused the 'mention date' (hearing) & the MC location

Question 71

# lesson seven when is a warrant used?

Answer 71

- a 'warrant' (a court order) will be used in the case of more serious offences & if the accused in unlikely to appear at court in response to a summons

Question 72

# lesson seven what does arrest involve?

Answer 72

- the act of apprehending & taking a person into custody usually b/c the person has been suspected or observed committing a crime

Question 73

# lesson seven what can police do whilst a person is in custody?

Answer 73

- ask for a statement - conduct an interview - take fingerprints - conduct a search of the person - take a photograph - charge the person w/ an offence/s & grant bail or - charge the person w/ an offence/s & deny bail

Question 74

# lesson seven what is bail?

Answer 74

- a person who is in custody, charged w/ an indictable offence, can be granted 'bail' meaning that the individual will be free to await trial in the community instead of being incarcerated

Question 75

# lesson seven who can grant bail?

Answer 75

- granted by senior police officer, bail justice, magistrate or judge

Question 76

# lesson seven where can the the law w/ regard to bail be found?

Answer 76

- in the Bail Act 1977 (Vic)

Question 77

# lesson seven why is bail granted?

Answer 77

- bail is granted to an accused b/c in our legal system the accused is presumed innocent until proven guilty

Question 78

# lesson seven what are the exceptions to granting bail?

Answer 78

- granting bail would pose an unacceptable risk - the accused had not complied w/ the conditions of bail - granting bail would endanger the safety & the welfare of the public - the accused may interfere w/ witnesses - the person is accused of murder or treason or other offences under the commonwealth legislation - the persons accused of an offence relating to stalking (under the cries ac 1958 (vic)) or offences under the Family Violence Protection Act 2008 (vic)

Question 79

# lesson seven what is a surety?

Answer 79

- a person who is 18 yrs or older who is bound to ensure that the accused complies w/ the bail conditions, such as appearing in court when required - a surety might also be required to provide a deposit of money or other form of secruit in order for the accused to be released on bail

Question 80

# lesson seven what are examples of special conditions that might be required to ensure that the accused complies w/ bail?

Answer 80

- forfeiting a passport & not going near an airport or other point of international departure - staying away from witnesses

Question 81

# lesson seven what does being held on remand mean?

Answer 81

- an accused who is denied bail, or was granted bail but could not make the necessary payments or provide a suerty, will be held on remand (in custody) to await their trial

Question 82

# lesson seven what happens if a person on remand is found guilty or not guilty

Answer 82

- guilty: accused foud guilty & is given a prison sentence, the period spent in prison will be deducted from the sentence - X guilty: person on reand found X guilty or recieves a non-custodial sentence, no compensation will be given for the time spent in prison

Question 83

# lesson seven what is the purpose of the mention hearing?

Answer 83

- to determine the plea of the accused (guilty or X guilty)

Question 84

# lesson seven what happens at the mention hearing for a guilty plea?

Answer 84

- police prosecutor will read summary of evidence - prior convictions read - character evidence on defence's behalf (optional) sentence handed down

Question 85

# lesson seven what happens at the mention hearing for a not guilty plea?

Answer 85

- if a matter cannot be resolved at a mention hearing due to the accused entering a not guilty plea, the matter will be adjourned to a contest mention which will occur at a later date in the MC - both parties will present arguments & evidence - the magistrate will decide the outcome of the case

Question 86

# lesson eight what is the purpose of commital hearings?

Answer 86

- designed to determine whether the prosecutionhas enough evidence to gain a conviction for a person who has been charged w/ an indictable offence at trial (prima facie case = at first appearence)

Question 87

# lesson eight what authority does the magistrate have during commital hearings?

Answer 87

- the magistrate has the authority to discontinue a case & release the defendant , who may later be re-charged if further evidence comes to light

Question 88

# lesson eight what do committals ensure?

Answer 88

- ensure greater efficieny in the operation of the county & supreme court as time is not taken hearing cases where the prosecution evidence is weak

Question 89

# lesson eight what is a commital mention hearing?

Answer 89

- occurs before committal hearing - a short administrative hearing to identify the witnesses who may be called at committal & set the date of the committal hearing. the accused may choose to plea guilty or X guilty at this stage - if matter is to be contested (accused pleads X guilty), the magistrate will be informed of the no. of witnesses & the anticipated length of the committal hearing - date will be set for a full committal hearing

Question 90

# lesson eight what are the two types of full committal hearings?

Answer 90

- traditional method - hand-up brief

Question 91

# lesson eight what is the traditional method of committal hearings?

Answer 91

- relies on oral evidence given under oath by prosecution witnesses - prosecution witnesses examined & cross-examined - prosecution evidence recorded in a "deposition" - defence given option as to whether to plead & / or call witnesses

Question 92

# lesson eight what is the hand-up brief method of committal hearings?

Answer 92

- evidence is given through the delivery of sworn statements - most committals use this process - particularly important is sexual assault matters - avoid rigorous questioning of a victim early on - prosecution serves documents on defendant - notice must be given if defence wishes to cross-examine a prosecution witness - deposition alone (sworn statement) presented to the court