U2O1 Legal Studies

What are the institutions that enforce criminal law? (3)

1. The Victorian police2. The Australian Federal Police 3. Other delegated bodies

What is the role of the Victoria Police?

To serve the Victorian community and to uphold law to promote a safe, secure and orderly society

What is the Victorian Police's role in enforcing criminal law? (7)

Their role in enforcing law- talk to victims and witnesses - question possible suspects- examine crime scenes - look and gather both forensic and physical evidence- conduct searches of people and property - arrest accused persons - charge people

What are the establishing acts for the Victorian Police?

- Section 48 of the Crimes Act 1958 (power to arrest without a warrant)- Criminal Procedure Act (power to take finger prints)- Victoria Police Act (governs the police)

What is the role of the AFP?

To investigate the offences hat have a federal aspect and those that are against Commonwealth or territory law.

What is the establishing act for the ASP?

The Australian Federal Police Act 1979 (cth)

What are delegated bodies?

Institutions or organisations that have been given power by parliament to enforce criminal law.

List the Victorian Delegated bodies (6)

- Consumer Affairs Victoria - EPA Victoria - Local Councils - State Revenue Office - VicRoads- WorkSafe Victoria

List the Commonwealth Bodies (2)

- Australian Securities and Investments Commission - Australian Tax Office

What is WorkSafe?

The Victorian WorkCover Authority ensures the health, safety and welfare of employees. It regulates the OHS act and work conditions.

What is the establishing act for WorkSafe?

Occupational Health and Safety Act 2004 (vic)

What are local councils?

Small government areas that create and enforce by-laws and certain statutes

How can local councils enforce law?

If a by-law is broken, the council may:1. Warn the person 2. Direct the person to cease their action 3. Issue an infringement notice 4. Commence legal proceedings

What is the establishing act for local councils?

Local Government Act 1989 (Vic)

What are institutional powers?

the authority given to bodies such as Victoria Police to undertake certain actions

What are the stages of a criminal case?

- arrest- questioning- bail- court proceedings- imprisonment of the offender

What are the institutional powers in the arrest process?

Police can arrest without a warrant when police believe it's necessary to: - ensure the offender appears in court - preserve public order- prevent the continuation or repetition of an offence - ensure the safety or welfare of the public or offender

What are the individual rights in the arrest protest?

The rights of individuals in arrest include:- An individual can refuse to attend to Police Station unless they're under arrest- Under VCHRR, must be informed of freedom of arrest at the time - The right to silence (must provide name and address)- If arrested, a person must be released or brought before a bail justice or magistrate

What are the institutional rights when questioning?

The right to question a suspect that is in custody within a reasonable time. Questioned to determine involvement in offence

What are the individual rights during questioning? (7)

The individual has the right to:- be informed that they dont have to say anything - be informed that evidence can be used against them - be informed that they communicate with a friend, relative or legal rep (as long as they dont destroy evidence or help them escape)- an interpreter - private communication with a legal practitioner - silence - a parent or guardian present, if suspect is under 18

What are the institutional powers in the bail process?

The institution has the right to - refuse or grant bail- decide who is entitled to bail- impose certain bail conditions

What are the individual rights in the bail process

individuals have the right to apply for bail

what are the institutional powers in court proceedings

Institutions have the power to commence criminal proceedings for the purpose of obtaining a guilty verdict

What are the rights of the individual in court proceedings? (8)

The accused have the right to - have their charge decided by a competent, independent and impartial court - the presumption of innocence - be informed promptly and in detail about the nature and the reason for the charge - have adequate time and facilities to prepare a defence - be tried without reasonable delay - have legal aid if the interests of justice require it - have the assistance of an interpreter if needed - have the opportunity to rebut evidence

What are the institutional powers in terms of imprisonment?

Corrections Victoria have the right to oversee the detention of prisoners. This:- provides prison officers with the right to search people, seize unauthorised goods, arrange medical tests for alcohol and drugs, and require prisoners to be electronically monitored - provides other powers such as the power to open, inspect and read letters

What are the individual rights in terms of imprisonment? (7)

The right to - be in open air for at least an hour a day - be provided with adequate food and dietary requirements - be provided with suitable clothing - have access to reasonable medical care and treatment - have appropriate disability and mental illness treatment - practice a religion - receive at least one half hour visit each week

Rights of the accused

The accused has the right to- be tried without reasonable delay- a fair hearing - a trial by jury

Rights of the victim

The victim has the right to - give evidence as a vulnerable witness - right to be informed about the proceedings - be informed of the likely release date of the accused

What are the main reasons for court hierarchy?

1. Specialisation 2. Appellate jurisdiction 3. Doctrine of precedent 4. Administrative convenience

What is the role of the Victorian Courts?

The courts' role include- determining a criminal case- impose a sanction

Which courts have original jurisdiction?

the magistrates, country, supreme (trial division), children and coroners

Which courts have appellate jurisdiction

County (evidence, conviction or harsh sentencing), Supreme (appellate division) (point of law)

When are juries used?

Juries are used: - in the original jurisdiction of the county or supreme court - in indictable offence trials

What is the composition of a jury?

The jury consists of 12 members who are over 18 and enrolled to vote

What is the role of the jury?

The jury must- listen to all evidence - concentrate during the trial- piece together the evidence to decide guilt

What must the judge do?

The judge must explain the law to the jury so the panel can consider the evidence in respect to the law

What is the Jury Direction Act?

the act:- reduce complexities - simplified and clarified issues - created legal requirements for sexual/family violence

In terms of the verdict, what are the quotas?

Firstly, the jury must try to reach an unanimous verdict. If not, the judge may allow a majority verdict (11/12)If this cannot be reached, its a hung jury

What are the strengths of a jury? (5)

1. Jurors are independent and impartial 2. Jury system allows the community to be involved in the legal system 3. Jury system ensures fairness by requiring deliberation 4. Spreads the responsibility for making a decision 5. Jury system reflects community values and brings a common-sense approach

What are the weaknesses of a jury? (5)

1. Jurors do not justify their decisions as deliberations occur behind closed doors2. Task is difficult 3. Jurors may be influenced by skilled lawyers or emotional elements of a trial4. A trail may result in delays because law must be explained to the jury5. jurors may have biases

Purpose of sanctions

- Rehabilitation- Punishment- Deterrence- Denunciation- Protection

What is a case that demonstrates deterrence?

DPP v Kendall (2020)

What is a case that demonstrates rehabilitation?

DPP v Lam (2020)

Where are the five purposes of sanctions listed?

Sentencing Act 1991 (Vic)

What are the types of sanctions

1. imprisonment 2. Drug treatment order3. Youth Justice Centre order4. Youth residential centre order5. CCO6. Fine 7. Adjournment 8. Discharge 9. Dismissal

What is a case that demonstrates fines

Cottrell v Ross (2019)

What is a case that demonstrates a CCO?

DPP v Larkins (2020)

What are factors that may reduce