Unit 1 - AOS 3 (sanctions)

• synonyms for fairness

  openness, impartial and participation
• synonyms for equality 


  same treatment and equity (different treatment)
• synonyms for access


  informed and engage
• what are the two institutions?

  Victorian police and the Australian federal police
• what are the institutions rights?

  right to silence, right to a lawyer, right to know why you are being held and right to apply for bail.
• what are the institutions powers?


  power to question, power to arrest, power to search and power to grant/oppose bail.
• court hierarchy in order (bottom to top)

  5. magistrates court (summary offences) 4. county court (indictable offences that are on the less serious end) 3. supreme court - trial division (indictable offences like murder) 2. court of appeals (every appeal) 1. high court (serious offences)
• what are some positives of juries?

  reduce bias, represents community values, no legal knowledge, cant know parties and a unanimous verdict
• what are some negatives of juries

  takes time because you have to explain everything, their not experts and too easy to get of of jury duty
• what is a delegated body?


  is another organization - sperate to the VP and AFP - that has been given the power to look after one particular area of law.
• what is an example of a delegated body?


  work safe, their only job is going into workspaces and making sure everyone is safe.
• what are the 5 purposes of sanctions?

  punishment, deter, rehabilitate, protect, denounce
• what are the 3 types of sanctions?


  fines, CCO (community correction order) and prison
• what is the meaning of a CCO?

  if you are found guilty you are still aloud out in the community but you have some conditions to follow. e.g. you have to go to anger management classes.
• what are some mitigating factors (sanction going down)

  showing remorse or having this be your first offence (no prior record)
• what are some aggravating factors (sanction going up)

  being uncooperative or having multiple allegations/priors against you.
• what are some impacts a victim statement can have?

  sanctions going up for the offender if the victim's statement states that her life was ruined over the incident. sanctions going down if the victims statement includes a speech of forgiveness.
• when are juries used


  They are used in the county court and supreme court, NOT in the magistrates court, and they do NOT determine sanction, only guilty or not guilty. 
• how are juries selected


  Past history (prison sentence of 3+ years, on bail or are bankrupt), Ineligible (occupation e.g. lawyers and police officers, those who cannot understand English or a physical disability), Excused (difficult circumstances, poor health, 50 km away from Melbourne, advanced age, financial hardship, carers) 
• how many juries are selected 


  15 jury's, only 12 vote but 3 extra for longer trials.