legal U1 AOS3

• what is the effect on a sentence of a victim statement

  agrovate or mitigate depends on the statement
• rights in court


  get legal aid if needed, and have the charge or proceeding decided by a compliant independent and impartial court, tried without reasonable delay
• vicoria police 


  the role of the Vic police is to serve the Victorian community and uphold the law to promote a safe and orderly society (main institution the enforces summary offences)
• australian federal police 


  to investigate offences that have a federal aspect, meaning offences against the commonwealth and certain offences against state law
• commonwealth offences (afp)


  terrorist-related offences, war crimes and some drug offences
• protective service officers 


  PSO's have the power to arrest a person without a warrant/search a person.
• commonwealth crimes 


  aircraft airport and aviation crimes, child sex offences committed by Australians in a foreign country, people smuggling, terrorism, online child exploitation
• delegated bodies 


  other bodies in Victoria that are given the authority to enforce and or make certain crime laws by Vic police
• commonwealth delegated bodies 


  ato and accc
• delegated bodies example 


  work safe victoria
• principles of justice 


  Fairness, Equality and Access
• poj synonyms 


  fairness - unbais, balanced, impartial. eqality - even. access - educate, available
• equality 


  Equality means people should be treated in the same way, but if the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity
• fairness 


  fairness means all people can participate in the justice system and its processes should be impartial and open
• acsess 


  access means that all people should be able to engage with the justice system and its processes on all informed basis
• police powers 


  Arrest, Search, Name + Address, Question
• persons rights (police)


  Remain Silent, Lawyer, Trial without delay, Interpreter, Bail
• arrest powers


  Preserve public order, ensure safety of offender and public
• arrest rights 


  Must be informed of reason for arrest, refuse to go to station unless being arrested
• questioning rights 


  Right to interpreter, U18s needs parent present and or guardian/caregiver
• court proceeding 


  Tried without reasonable delay, get legal aid if need be
• imprisonment of the offender rights

  the right to open air for an hour a day, right to medical and dental care
• criminal juries 


  Used to determine guilt of the person who is charge with an indictable offence (Used in the county and supreme court) not used in appeals or magistrates court
• peoples who cant be selected for jury

  Past History (previous >3 years prison sentence, on bail, bankrupt). Ineligible (Lawyer, police, no English, physical disability). Excused (Difficult circumstances, poor health, 50km away court, advanced age, financial hardship)
• juries roles 


  Listen to evidence, concentrate during trial, decide guilty/ not guilty, they must return a unanimous verdict (12/12), if this is not possible judge may accept a majority verdict (11/12) but this cannot happen for murder, treason, major drug offences
• strengths of a jury system

  12 limiting bias, unanimous, no legal knowledge, cross section of community, peers
• weakness of a jury system 


  No legal knowledge, no idea so takes time, no reasons for verdict, not representative
• court hierachy

  1. Magistrates court, 2. county court, 3. supreme - trial div, 4. court of appeal, 5. high court
• magestraites court 


  Original Jurisdiction - summary offences, Appellate Jurisdiction - None
• county court 


  OJ - Indictable offences, AJ - Magistrates point of fault
• supreme trial div 


  OJ - Indictable offences, AJ - Magistrates on point of law
• court of appeal 


  OJ - none , AJ - Trial div and county
• high court 


  OJ - None, AJ - Serious appeals
• sanction


  A judge decides a suitable penalty for an offender
• detturance 


  Discourage offender and others in society from committing similar offences
• general detturance 


  Discourages people in general from committing a crime
• specific detturance 


  Aimed at stopping the specific offender from committing crimes again
• denunction 


  Conveys a message that behaviour in not tolerated in court
• protection 


  ensures the safety of society by imposing a sanction which prevents them from harming again
• rehabilitation 


  To treat an offender and help them change their ways