1.3.3 institutional powers + individual rights

• Australians have a number of rights and freedoms, which come form different sources of law
• Victorian police have specific powers to enforce law known as institutional powers
• Individuals have the Equal opportunity act which aims to protect people from discrimination
• Individuals have the presumption of innocence to uphold their rights
• Institutional powers and individual rights need to be balance so that we or the police do not become too powerful or treat people unfairly
• criminal offences

  • arrest
  • questioning
  • court proceedings
  • imprisonment of offender
• arrest


  when a crime is committed the police have the power to arrest the accused with or without a warrant
• arrest - individual rights

  • can refuse to go to place station unless being arrested
  • right to liberty
  • must be informed as to reason of arrest
• arrest - institutional powers

  • ensure the offender appears in court
  • prevent the continuation of offence
  • ensure the safety of offender and public
• questioning 


  if you have been arrested and are in custody for an offence an investigating offical (police officer) had the power to question you within a reasonable time
• questioning - individual rights

  • right to not converse police apart from declaring name and address
  • right to lawyers
  • right to interpreter
• questioning - institutional powers

  • right to ask any questions
  • power to use any evidence given by accused in questioning in trial
• court proceedings 


  some institutions have the power to commence criminal action against the accused to determine whether the person is guilty and the sentence they should receive
• court proceedings - individual rights

  • presumed innocent until proven guilty
  • informed of charge
  • right to bail
  • right to a defence
• court proceedings - institutional powers

  • summary offences - the Magistrates court is given the power to hear and determines the charges and decide on guilt
• court proceedings - institutional powers

  • indictable offences - the Magistrates court determines if there is enough evidence of weight to support to support a conviction at trial, before it is then transferred to either the County or Supreme court
• imprisonment of offender

  • if they are found not guilty they should be released immediately
  • if they are found guilty, they are known as an offender, and the court must decide on a sanction
• imprisonment of offender - individual rights

  • right to family visits
  • right to adequate food
  • right to religious practise
• imprisonment of offender - institutional powers

  • power to imprison offender
  • given the power to manage the prisons - searching cells