The document provides an overview of key concepts in the Victorian criminal justice system, including the principles of justice (fairness, equality and access), key concepts (distinction between summary and indictable offences, burden of proof, standard of proof, presumption of innocence), rights of the accused and victims, and processes for determining a criminal case. It discusses the roles of institutions like Victoria Legal Aid and community legal centres in assisting those accused of crimes and explains concepts like committal proceedings, plea negotiations and the court hierarchy in Victoria.

1. Unit 3 Rights & Justice
Area of Study 1 Part A - The Victorian Criminal Justice System

2. Key Knowledge
Key concepts
● the principles of justice: fairness, equality and access
● key concepts in the Victorian criminal justice system, including:
○ – the distinction between summary offences and indictable offences
○ – the burden of proof
○ – the standard of proof
○ – the presumption of innocence
● the rights of an accused, including the right to be tried without unreasonable delay, the right to a fair hearing, and the right to trial by
jury
● the rights of victims, including the right to give evidence as a vulnerable witness, the right to be informed about the proceedings, and
the right to be informed of the likely release date of the accused

3. Key Knowledge
Determining a criminal case
● the role of institutions available to assist an accused, including Victoria Legal Aid and Victorian community legal centres
● the purposes of committal proceedings
● the purposes and appropriateness of plea negotiations and sentence indications in determining criminal cases
● the reasons for a Victorian court hierarchy in determining criminal cases, including specialisation and appeals
● the responsibilities of key personnel in a criminal trial, including the judge, jury, parties and legal practitioners
● the purposes of sanctions: rehabilitation, punishment, deterrence, denunciation and protection
● fines, community corrections orders and imprisonment, and their specific purposes
● factors considered in sentencing, including aggravating factors, mitigating factors, guilty pleas and victim impact statements

4. Key Skills
● define and use legal terminology
● discuss, interpret and analyse legal principles and information
● explain the rights of an accused and of victims in the criminal justice system
● explain the purposes of committal proceedings and the roles of institutions available to assist an accused
● explain the reasons for the Victorian court hierarchy in determining criminal cases
● discuss and justify the appropriateness of the means used to determine a criminal case
● discuss the responsibilities of key personnel in a criminal trial
● discuss the ability of sanctions to achieve their purposes
● discuss recent reforms and recommended reforms to the criminal justice system
● evaluate the ability of the criminal justice system to achieve the principles of justice
● synthesise and apply legal principles and information to actual and/or hypothetical scenarios.

5. Key Concepts

6. Justice
● Justice is a difficult term to define, what one may see as ‘just’ another may
not, especially within the legal system
○ Think about the accused versus the victim’s opinion on the sentence given in a criminal case
● The formal definition defines justice as ‘the quality of being fair and
reasonable’
○ This again is subjective - what is considered fair to some people differ to others.
● For us to measure whether justice is being served, we will consider the
principles of justice
○ Fairness
○ Equality
○ Access

7. Principles of justice - Fairness
● Fairness - impartial
and just treatment or
behaviour without
favouritism or
discrimination
● Often to be treated
‘fairly’ you may need to
be treated differently

8. Principles of justice - Fairness
● In the criminal justice system fairness
means fair processes and fair hearing
● For this to be achieved, people should be
able to
○ Understand court processes
○ Have the opportunity to present their defence,
and
○ Have the opportunity to rebut the prosecution
case
● If fairness is applied consistently then the
rule of law will be upheld

9. Principles of justice - Fairness
● The areas of the criminal justice system that relate to fairness include
○ Time of case and any delays
○ Availability of legal representation
○ Opportunity for the accused to present case and hear evidence against them
○ Whether the accused understands the legal process/terminology and if they received
assistance with this
○ Whether laws and rules have been applied appropriately
○ Whether the judge and jury have fulfilled their roles and responsibilities
Can you think of any
legal processes that help
to achieve fairness?
Can you think of any
legal processes that
limits fairness?

10. Principles of justice - Equality
● This means that no person or group should be treated advantageously, or disadvantageously,
because of a personal attribute or characteristic.
● The processes should be free from bias or prejudice, and the persons who make the decision
should be impartial.
● Equal application of the law, and equality in processes, uphold the rule of law.
State of being
equal, especially
in status, rights or
opportunities
Everybody treated
the same regardless
of different personal
characteristics
All people treated
equally before the
law, with an equal
opportunity to
present their case

11. Principles of justice - Equality
● Often for people to be treated fairly
and equally, they need to be treated
differently but by the same standard
● What is important for equality in justice
is that every Victorian is equal before
the law and is entitled to the law’s
protection without discrimination as
stated in the Charter of Human Rights
and Responsibilites Act 2006 (Vic)

12. Principles of justice - Equality
● The areas of the criminal justice system that relate to equality include
○ Use of a judge and jury
○ Treatment of differences (cultural, religious, socio-economic)
○ Disadvantaged groups (linguistic, mental health)
○ Availability of legal representation to low socio-economic groups
○ Inherent bias to certain societal groups
○ Extent to which laws are applied equally to everyone
Can you think of any
legal processes that help
to achieve equality?
Can you think of any
legal processes that
limits equality?

13. Principles of justice - Access
● Access to the criminal justice system means that people should be able to
understand their legal rights and pursue their case.
● This includes
○ Being able to access the courts
○ Being able to approach legal advisory groups
○ Obtain information about the legal processes and procedures
○ Make use of the processes within the legal system
If you cannot afford a lawyer, a justice system that
upholds the principle of ‘access’ would provide
legal representation for you

14. Principles of justice - Access
● The areas of the criminal justice system that relate to access include
○ Availability of a range of means to finalise case (e.g. plea negotiations)
○ Availability of legal representation and assistance to those who cannot afford it
○ Costs and delays associated with a criminal case/accessing information
○ Extent to which people understand legal rights
○ Availability of the courts and legal processes
○ Formalities associated with a hearing or trial
Can you think of any
legal processes that help
to achieve access?
Can you think of any
legal processes that
limits access?

15. Criminal Justice System

16. The Criminal Justice System
● The criminal justice system is a set of processes and institutions used to
investigate and determine the outcomes of a criminal case.
● The main purposes of the criminal justice system is to:
○ Decide whether an accused is guilty of an offence
○ Impose a sanction in cases where an accused has been found guilty
Investigate Charge
Pre-trial
procedures
Guilty/Not
Guilty
Sentencing
Post
sentence
procedures

17. Australia’s Justice System - who makes criminal
laws?
● Under the Australian Constitution, the Commonwealth Parliament do not have
power to make laws about crime.
● This power has been left to the states
● Each state and territory has its own laws that determine:
○ What is considered a crime
○ The ways of determining a criminal case
○ The sanction that should be imposed for each crime
● Each state and territory have their own police force, courts and prison
systems
Note that in cases where criminal laws relate to constitutional powers, the Commonwealth has the power
to make laws. We learn more about this when we look closely at the Constitution

18. Criminal cases in Victoria
The main courts that hear criminal cases in Victoria are the
Magistrates Court
County Court
Supreme Court

19. Parties to a criminal case
A criminal case involves two parties
● The state (the government, represented by a prosecutor on behalf of the
people and with the authority of the Crown)
● The accused (the person or institution that is alleged to have committed a
crime
The victim is not a party to a criminal case nor is the complainant (a person
against whom an offence is alleged to have been committed, a person who has
complained to the police)

20. The state as a party to a criminal case
● The state covers multiple organisations when prosecuting a criminal case
● The Office of Public Prosecutions (OPP) works with the Director of Public
Prosecutions (DPP) and the Crown Prosecutors to prosecute serious crime
on behalf of Victorians in the County or Supreme court
● Less serious crimes, Vic Police Officers will prosecute in the Magistrates
Court
● Other organisations also have power to prosecute such as local councils,
VicRoads and Worksafe

21. Key concepts in the criminal justice system
Distinction between summary and indictable
offences
Burden of proof
Standard of proof
Presumption of innocence

22. Distinction between summary and indictable
offences

23. Distinction between summary and indictable
offences

24. Burden of proof
● Burden of proof is the party who has the responsibility to prove the facts of
the case
● The burden of proof lies with the party bringing the case
● In criminal proceedings, the prosecution brings the case, and therefore the
burden of proof lies with the prosecution
● The prosecution must prove the defendant is guilty
In some instances the burden of proof may be reversed
● Pleading a defence such as self defence
● Drug offences

25. Standard of proof
● The standard of proof refers to the degree or extent to which a case must be
proven
● In criminal cases the standard of proof must be beyond reasonable doubt
● This means there must be no rational explanation that the person accused
didn’t commit the offence to be found guilty
● In cases where a jury is present, their role is to determine guilt, otherwise it is
the responsibility of the judge
In matters where the burden of proof lies with the defendant, the
standard of proof is on the balance of probabilities

26. Presumption of innocence
● Everyone who is accused of committing an offence is innocent until proven
guilty beyond a reasonable doubt
● The presumption of innocence is maintained by
○ Strict standard of proof (beyond reasonable doubt)
○ Burden of proof on the prosecution
○ Bail
○ Right to silence
○ Reasonable belief of guilt before accused is arresting
○ Committal proceedings (proof of enough evidence to convict in an indictable offence)
○ Prior convictions withheld from hearing/trial
○ Right to appeal wrongful conviction

27. Human Rights

28. Human Rights
● Human rights are basic entitlements that belong to every one of us,
regardless of our background, where we live, what we look like, what we think
or what we believe.
● Based on the values of freedom, equality, respect and dignity, human
rights acknowledge the fundamental worth of each person.
● The law places responsibilities on government and other public authorities to
consider people's rights when developing laws, policies and delivering
services.
https://www.humanrightscommission.vic.gov.au/human-rights

29. Charter of Human Rights and Responsibilities
● Australia does not have a bill of rights (like that of America) however many of
our rights are protected by the Charter of Human Rights and
Responsibilities Act 2006 (Vic) aka the Human Rights Charter
● The rights protected in the Human Rights Charter are based on those
contained in the International Covenant on Civil and Political Rights 1966, an
international treaty Australia has signed.
● The main purpose of the Human Rights Charter is to protect and promote
human rights

30. Rights of the accused
● Throughout the Human Rights Charter, the Australian Constitution and other
statutes such as Criminal Procedures Act, there are many rights to an
accused person
● Three of these rights
Right to be tried
without reasonable
delay
Right to a fair
hearing
Right to a trial jury

31. Rights of the accused

32. Victims’ Charter
● Although victims are not a party to a criminal case, their rights are
recognised throughout a criminal proceeding.
● The rights of victims are protected across many statutes in Victoria including
the Victims’ Charter Act 2006(Vic) aka Victims’ Charter
● The purpose of the Victims’ Charter is to
○ recognise the impact of crime on victims
○ Recognise that victims should be offered certain information during the criminal procedure,
and
○ Help reduce the likelihood of secondary victimisation that may result from from interaction with
the criminal justice system

33. Who is a victim?
● A victim in a criminal case is defined by the Victims’ Charter Act 2006 (Vic)
broadly
Primary victim
- someone who
has suffered
injury as a direct
result of a crime
Family member
of someone who
has died as a
direct result of a
crime
Family member of
someone who is under
18 or incapable of
managing own affairs
(e.g. mental impairment)
that has suffered injury
as a direct result of a
crime
A child under the
age of 16 who
has been
groomed for
sexual conduct as
well as that child’s
family
VICTIM

34. Rights of victims
● Throughout the Victims’ Charter and statutes in Victoria, many rights of
victims are recognised
● Three of these rights
Right to give
evidence as a
vulnerable witness
Right to be informed
about proceedings
Right to be informed
of the likely release
date of the accused

35. Rights of victims

36. Determining a criminal case

37. Role of institutions available to assist an accused
● The criminal justice system can be difficult to understand and is often an area
of unknowns for many citizens.
● For this reason, there are institutions that are in place to assist persons
involved in a criminal proceeding
● These include, Victoria Legal Aid and Victorian community legal centres
● The general purpose of these institutions is to provide information about the
legal system for those in need

38. Victoria Legal Aid (VLA)
● VLA is a government agency that provides free advice to the community, and
low-cost or no-cost legal representation for people who can’t afford a lawyer
● VLA vision is a fair and just society where rights and responsibilities are
upheld
● The role of VLA
○ Provide legal aid in the most effective, economic and efficient manner
○ Manage its resources to make legal aid available at a reasonable cost
○ Provide the community with improved access to justice and legal remedies
○ Pursue innovative means to provide legal aid to minimise the need for individual legal services
● Legal Aid is not just representation in court

39. Types of legal aid
● Many forms of assistance are offered by VLA however not all types of legal
aid are available to everyone
● Some types of legal aid are dependent on income/means tests
● Everyone is offered free legal information via the VLA website or phone
Duty Lawyers (a person in court on a particular
day that can offer information and
representation on that day) - income test
To receive assistance by means of a Duty Lawyer,
an accused is required to meet the income test by
evidencing they are receiving welfare benefits or
receive a limited income below the VLA determined
threshold
Grant of legal assistance - means test
Unlike a duty lawyer, a grant of legal
assistance is for assistance beyond the
particular day/hearing, such as preparing
for case and representation in court. This is
not income tested by means tested, taking
into account income and assets, e.g. if the
accused earns $360 the are ineligible under
the means test

40. Victorian Community Legal Centres
● Unlike VLA, Community Legal Centres (CLC) are not government agencies
● As independent organisations, CLCs provide free legal services including
advice, information and representation
● There are two types of CLCs
○ Generalist CLCs provide broad legal services to people in a particular local geographical area
○ Specialist CLCs focus on a particular group of people or area of law
● Role of CLC is to provide people with
○ Information, legal advice and minor assistance
○ Duty lawyer assistance
○ Legal casework services including representation and assistance
● Like VLA, CLC focus on those who need the services the most
● CLC rarely take on a criminal matters and generally only provide to those who
meet the VLA’s eligibility criteria

41. Committal Proceedings
● In the criminal justice system, there are many steps prior to the criminal trial in
determining the guilt of an accused person, among these are pre-trial
procedures
● Committal proceedings are one of these pre-trial procedures that takes place
in the Magistrates’ Court for indictable offences where an accused has
pleaded not guilty
● Through a number of stages, committal hearings test the strength of the
prosecution’s case and provides an opportunity for the accused to question
prosecution witness before the trial

42. Purpose of Committal Proceedings
● Section 97 of the Criminal Procedure Act outlines the purposes of committal
proceedings:
○ To see whether a charge for an indictable offence is appropriate to be heard and determined
summarily
○ To decide if there is enough evidence to support a conviction for the offence charged
○ To find out whether the accused plans to plead guilty or not guilty
○ To make sure there is a fair trial
● Committal proceedings make sure there is a fair trial by:
○ Making sure the prosecution’s case is disclosed to the accused
○ Giving the accused the opportunity to hear or read the evidence and cross-examine witnesses
○ Allowing the accused to put forward a case at an early stage if they choose to
○ Allowing the accused to properly prepare and present a case
○ Making sure the issues to be argued are properly defined

43. Committal Hearing
● The main and final stage of the committal proceedings is the committal
hearing
● The committal hearing is where the accused is able to question the
prosecution’s witnesses and make submissions about the charges. Given the
evidence presented, the magistrate determines whether there is evidence
of sufficient weight to support a conviction for the offence charged
Evidence IS of sufficient
weight to support
conviction
Evidence IS NOT of
sufficient weight to
support conviction
Accused is committed to stand trial
and is released on bail or held in
remand
Accused is discharged and allowed
to go free
*If further evidence is found in future, the
accused can be brought before the court
again

44. Indictment
● Once the accused has been committed to trial, the documents are transferred to the Director of
Public Prosecutions (DPP).
● The DPP files an indictment in the Supreme or County Court
● The indictment is a written statement of the details of the charge(s) against the accused
● The filing of the indictment marks the beginning of the criminal proceeding in a higher court
● If the accused pleads guilty at any time, the case will be listed as a plea hearing (sentencing
hearing in County or Supreme Court)
● The DPP has the power to skip committal proceedings and directly file an indictment in cases
where the prosecution has strong evidence. This can reduce distress, expense and time

45. Save time &
resources
Innocent until
proven guilty
Inform of
prosecution’s
case
Withdraw charges
or combine charges
Test strength of
prosecution’s
case
Strengths of
committal
proceedings
How do each of these strengths support the principles of justice?

46. Weaknesses of
committal
proceedings
Very
complicated
Expensive
(need for legal
representation)
Added delay
to trial
Stressful &
can be
traumatic
Can be
unnecessary
How do each of these weaknesses hinder the principles of justice?

47. Early determination of a criminal case
● Unlike civil cases, all criminal cases are heard and determined in the courts
● Courts are the only body that has the power to determine guilt or innocence
and sentence those found guilty
● There are only two ways in which a criminal case is determined without the
need of a trial:
1: Plea negotiations
2: Sentence indications

48. Plea negotiations
● Discussions between the prosecutor and the accused about the charges
against the accused, also referred to as plea bargaining or charge
negotiations
● The aim is to negotiate the charges to resolve the case before trial
● Negotiations are conducted without prejudice meaning that any offers made
by either party cannot be used against them in court if negotiations are not
successful
● Agreed negotiations may be
○ The accused pleads guilty to fewer charges, with the remaining charges not proceeding
○ The accused pleads guilty to a lesser charge
● Plea negotiations do not determine sentence and can happen anytime during
the criminal proceeding

49. Purpose of plea negotiations
Plea negotiations have two main purposes
Resolve a criminal case
by ensuring a plea of
guilty to a charge that
adequately reflects the
crime that was
committed
Achieve a prompt
resolution to a
criminal case without
the cost, time stress,
trauma and
inconvenience of a
criminal trial

50. Appropriateness of plea negotiations
Many factors are considered when determining if whether plea negotiations are
appropriate for the case
Willingness
of accused
to cooperate
Strength of
prosecution’
s case
Likelihood
of
witnesses
testifying
Willingness
of accused
to plead
guilty
Adverse
consequences
of a full trial
Time and
expense of
trial
Victim’s
opinion
Likelihood
of long trial

51. Save cost of
full trial
Prompt
determination
of case
Save trauma,
inconvenience
and distress of
trial
Reflects criminality
of the offender
Reduced
sentence
Strengths of plea
negotiations
How do each of these strengths support the principles of justice?
Certainty in
outcome

52. Weaknesses of plea
negotiations
Accused
being ‘let off’
or lenient
sentence
Do not need to be
disclosed/held
privately
May feel
pressured to
take plea deal
Avoiding the
need to prove
case beyond
reasonable doubt
May be
disadvantaged if
negotiations
unsuccessful
How do each of these weaknesses hinder the principles of justice?

53. Sentence indications
● Sentence indications are a statement made by a judge to an accused about
the sentence they could face if they plead guilty to the offence
● Sentence indications can be given for either summary or indictable offences
● If the court gives a sentence indication and the accused pleads guilty at the
next available opportunity, the court CANNOT impose a more severe
sentence
Indictable Offences Summary Offences
Accused must apply for sentence indication Can be given anytime by the Magistrates’ Court
Prosecution must consent No need for prosecution’s consent
Indication as to whether immediate sentence of
imprisonment is likely to be imposed
Indication as to whether sentence of imprisonment
or sentence of another type is likely to be imposed

54. Purpose of sentence indications
Sentence indications have two main purposes
Provide the accused with
some clarity about the likely
sentence that will be
imposed, so they can make
an early decision to plead
guilty without the fear of
receiving a custodial
sentence
Save time, costs,
resources, stress
and inconvenience
of having a trial

55. Appropriateness of sentence indications
Many factors are considered when determining if whether sentence indications are
appropriate for the case
Whether
accused has
applied
For indictable
offences, only
one can be
given (unless
consent from
prosecution
Type of
offence and
the court
hearing the
charges
Sufficient
information
for judge to
indicate
Whether
prosecution
consents for
indictable
offences
Strength of
prosecution’s
case
Nature of the
offence (e.g. sex
offences)

56. Early
determination
of case
Save money
and resources
Provides
certainty on
sentence
Strengths of sentence
indications
How do each of these strengths support the principles of justice?
Minimise trauma,
stress &
inconvenience of
trial
Victim Impact
Statement
considered
Cannot receive a
more severe
sentence

57. Conducted in
open court
Judge is
experienced
and unbiased
Not admissible in
evidence
Different judge
in event
proceed not
guilty plea
Strengths of
sentence indications
(cont’d)
How do each of these strengths support the principles of justice?
Accused not
bound to
accept

58. Weaknesses of sentence indications
Judge not
obliged to give
indication
(indictable
offences)
Denies victim their
‘day in court’
Prosecutor
must consent
in higher
courts
Court can close
the proceeding
to the public
Only whether they will
impose an immediate
term of imprisonment
(indictable offences)
How do each of these weaknesses hinder the principles of justice?
Lesson impact of
victim’s impact
statement
Given before all
facts proven

59. Victorian Court Hierarchy
High Court of Australia
(Federal)
Supreme Court
Court of Appeal
Supreme Court
Trial Division
County Court
Magistrates’ Court Children’s CourtCoroners Court
At the top of
all state court
hierarchies sits
the High Court
of Australia
Ranked based
on the
severity and
complexity of
cases

60. Jurisdiction - Power of courts
Jurisdiction refers to the the areas in which the court has power to preside over
the case. There are two types of jurisdiction
Appellate jurisdiction
The ability of the court to
hear a case in which a
decision is being reviewed
or challenged on particular
grounds
Original Jurisdiction
The power of a court to
hear a case for the first
time

61. Criminal Jurisdiction of Victorian Courts
Original Jurisdiction Appellate Jurisdiction
Magistrates’ Court All summary offences and indictable
offences heard summarily
Committal proceedings, bail
applications and warrant application
No appellate jurisdiction
County Court Indictable offences except murder,
attempted murder, certain
conspiracies, corporate offences
Appeals from Magistrates’ Court
on conviction or sentence
Supreme Court - Trial division Most serious indictable offences Appeals from Magistrate’s Court
on points of law
Supreme Court - Court of
Appeal
No original jurisdiction Appeals from the County Court
and Supreme Court - Trial division

62. Reasons for court hierarchy
Specialisati
on
Appeals
Court hierarchy allows courts to develop
expertise or specialisation within their jurisdiction
This ensures a cases of a similar nature are
addressed by an experienced judge and in a
consistent manner
For example, a Supreme Court - Trial Division
Judge is far more experienced in dealing with
cases with regards to murder than a Magistrate
would be
Court hierarchy allows for parties to appeal
the decision of the court to a higher court.
This ensures fairness and allows for any
errors in the original decision to be corrected
Grounds for appeal in criminal cases include:
● Question of law
● Conviction
● Severity/leniency

63. Role and Responsibilities of Key personnel
● The courtroom consists of many
different individuals, each having
their own role and responsibilities
● Four key personnel in the
courtroom include the judge, the
jury, the parties and the legal
practitioners
Judge Jury
Parties Legal
Practitioners

64. Role & responsibilities of the Judge
● The judge’s main role is to make sure that the court
procedures are carried out according to court rules
ensuring each party is treated fairly
● They act as the referee
● The main responsibilities of the judge include:
○ Manage the trial
○ Decide on admissibility of evidence
○ Attend to jury matters
○ Give directions to the jury and sum up the case
○ Hand down sentence
● The judge may also
○ Order VLA to provide legal representation
○ Assist a self-represented party

65. Role and responsibilities of the Jury
● The main role of a criminal jury is to
determine whether the accused is
guilty or not guilty based on the facts
presented
● The jury DO NOT sentence the
offender
● The main responsibilities of the jury
include
○ Be objective
○ Listen to and remember evidence
○ Understand directions and summing up
○ Deliver a verdict
12 jurors are empanelled for indictable
offences

66. Role and responsibilities of the Parties
● There are two parties in a criminal case
○ The prosecution - the party bringing the case
○ The accused - a person charged with an offence
● Party control allows each party control over how
the case will run providing it complies with their
responsibilities and court rules
● The main responsibilities of the parties are
○ Give an opening address
○ Assist the judge in jury matters
○ Present the party’s case
○ Give closing address
○ Make submissions about sentencing

67. Role and responsibilities of the Legal Practitioners
● The main role of the legal practitioner is to
prepare and conduct a case
● There are two types of legal practitioners
representing the accused at trial
○ Solicitor - draft documents, research law and prepare
case
○ Barrister - present defence at trial, argue for the
accused
● The main responsibilities of the parties are
○ To be prepared
○ Comply with their duty to the court
○ Present the case in the best possible light

68. Sanctions
● A sanction is the sentence imposed by the magistrate or judge when an
accused is found guilty (or pleaded guilty) to the charge(s)
● The Sentencing Act determines the court’s power to impose sanctions
● Two main purposes of the Sentencing Act are:
Promote
consistency in
sentencing
Provide fair
procedures for
imposing
sanctions
1 2

69. Purpose of Sanctions
● The purposes of sanctions are outlined in section 5(1) of the Sentencing
Act
● It is expected you can describe each of the five purposes of sanctions
Rehabilitate Punish Deter Denunicate Protect

70. Purpose of sanction - rehabilitation
● Rehabilitation is the treatment of the offender to
address the underlying reasons for the offender
committing the crime
● This aims to assist the offender in changing their
attitudes and behaviour
● Rehabilitation is often achieved through
Community Corrections Orders (CCOs) which aim
to encourage rehabilitation rather than imprisonment
● Imprisonment however may also offer rehabilitation
through programs offered in prison such as drug
treatment and anti-violence programs

71. Purpose of sanction - punishment
● Punishment allows for victims of crime to feel as though justice
has been served
● When someone commits a crime, society wants to see them ‘pay’ as
revenge
● By the courts ensuring the offender is appropriately punished
for their crime, the public are less likely to ‘take the law into their
own hands’.
● The severity of the punishment associated with a crime also
provides a level of deterrence to anyone who is considering
committing an offence
● Punishment can be in many forms, such as monetary (fine) to the
most severe in Australia, imprisonment

72. Purpose of sanction - deterrence
● Sanctions provide a deterrence from committing an
offence
● Deterrence can be general or specific
General
Deterrence
Discourages the
public from
committing similar
crimes
Specific
Deterrence
Discourages the
offender from
committing the
same offence again

73. Purpose of sanction - denunciation
● Denunciation refers to the court’s disapproval
of the offence
● A particular sanction may be given to highlight
the disapproval from the court
● A harsher sanction may be imposed in a
case that involves a particularly violent crime
to emphasise the court’s (and society’s)
disapproval of the type of behaviour

74. Purpose of sanction - protection
● For some offences, it is required that the sanction
provides a level of protection for the public from
the offender
● Sometimes this means the offender is removed
from society (imprisoned) to safeguard the
community
● CCOs also provide a level of protection to the
community in that they assist in keeping the
offender busy as well as offer treatment to
reduce recidivism

75. Types of Sanctions
● There are various sanctions available to magistrates’ and judges set out in
the Sentencing Act.
● Sanctions are ranked according to severity with the most severe sanction
(and the sanction of last resort) being imprisonment
● The Study Design highlights three sanctions
Fines
Community Corrections Orders (CCOs)
Imprisonment

76. Fine
● A fine is an amount of money ordered to be paid by the offender to the
State of Victoria
● The Sentencing Act outlines fines in levels 1-12. Level 2 is the highest level,
level 12 the lowest. Level 1 is for very serious offences such as murder, which
the court cannot impose a fine for
● Each level attracts a certain number of penalty units, Level 2 is 3000
penalty units whereas level 12 is 1 penalty unit
● Annually, the monetary value of 1 penalty unit is determined. The current
value of a penalty unit is $158.57 (as at 1 July 2017)
● A court must consider the financial circumstances of an offender in
imposing a fine

77. PURPOSE
Of
FINES
Punishment
Specific
deterrence
General
deterrence
Denunciation
Discuss some possible factors that would determine whether a fine would be able
to achieve its purposes

78. Community Corrections Order (CCO)
● A Community Corrections Order (CCO) is a non-custodial supervised sentence
served in the community with conditions attached:
○ Must not commit another offence punishable by imprisonment
○ Must report to community corrections centre within 2 days
○ Must report to and visit community corrections officer
○ Must notify of change of address
○ Must not leave Victoria without permission
○ Must comply with any directions of community corrections officer
● CCOs give the offender the opportunity to stop their criminal behaviour and
receive treatment and/or participate in educational programs
● CCOs can be imposed for up to 2 years in the Magistrates’ Court for a single offence
and no more than 5 years in any other Victorian court
● If the offender doesn’t comply with the order, it can be cancelled and resentencing
to take place

79. When CCOs are appropriate
● CCOs can only be imposed if
○ The offender has been convicted or found guilty of an offence punishable by more than 5
penalty units
○ The court has received a pre-sentence report
○ The offender consents to the order
● The court must be satisfied that the CCO is appropriate for the offence
● Can be combined with a fine or up to one year in prison (served on release from
custody)
● Victorian legislation was passed in 2016 to restrict courts use of CCOs for offences
committed after March 2017
○ Category 1 offences (murder, intentionally/recklessly causing serious injury, rape, incest,
some drug offences
○ Category 2 offences (manslaughter, child homicide, kidnapping, arson causing death & some
drug offences) except in certain circumstances such as age of offender or mental impairment

80. PURPOSE
Of
CCOs
Punishment
Specific
deterrenceProtection
Rehabilitation
Discuss some possible factors that would determine whether a CCO would be able
to achieve its purposes

81. Imprisonment
● Imprisonment involves the offender being removed from society, losing
their freedom and liberty, for a period of time
● The length of the prison sentence is described in levels from 1 through 9, 1
being most severe (life imprisonment) to 9 being least severe (6 months)
● In prison sentences of 2 or more years the court must state a minimum,
non-parole period
● Not all courts can impose all levels of prison terms. The Magistrates’ Court
cannot sentence for more than 2 years for one offence (5 for two or
more). The Supreme Court is the only court permitted to sentence an
offender to life imprisonment
● Time already served (e.g. on remand) may be taken into account in
sentencing

82. Types of prison sentences
Concurrent &
Cumulative Sentences
Where an offender has been
sentenced to imprisonment
for two or more offences, the
prison terms can be served
concurrently or cumulative.
Concurrently is at the
same time, whereas
cumulative is one straight
after another. Concurrent
sentences are most
commonly imposed,
however in some
circumstances the prison
terms must be served
cumulative
Aggregate Sentences
Where an offender is being
sentenced for multiple
offences, a judge may impose
an aggregate sentence, where
they give a total prison term
without specifying the exact
amount of time given for
each offence. Cannot be used
for serious indictable offences
where it is presumed
cumulative sentence imposed
and must not exceed total time
if offences were sentenced
separately.
Indefinite
Sentences
Where an offender has been
convicted by the Supreme
Court or County Court for a
serious offence, the court
may impose an indefinite
sentence, meaning the
offender is to remain in
prison for an unlimited
amount of time. Indefinite
sentences are not common
and only apply to special
circumstances

83. PURPOSE Of
IMPRISONMENT
Punishment
Specific &
General
deterrence
Protection
RehabilitationDenunciation
Discuss some possible factors that would determine whether imprisonment would be
able to achieve its purposes

84. Factors considered in sentencing
● The Sentencing Act requires a court to consider many factors when
sentencing an offender
● Four of these factors include
Aggravating
Factors
Mitigating
Factors
Guilty
Pleas
Victim Impact
Statements

85. Sentencing factors - Aggravating factors
● Aggravating factors are factors or circumstances considered in sentencing
that can increase the seriousness of the offence or the offender’s culpability
and lead to a more severe sentence
Use of
violence
and/or
weapons
Nature and
gravity of
offence Vulnerabilities
of victim
Breach of
trust
Witnessed
by children
Examples of aggravating
factors
Offender
on bail or
CCO

86. Sentencing factors - Mitigating factors
● Mitigating factors are factors or circumstances considered in sentencing that
can reduce the seriousness of the offence or the offender’s culpability and
lead to a less severe sentence
Examples of mitigating factors
Offender
provoked
by victim
Offender
shows
remorse
Clean
record
Offender
under
duress
Offender
cooperated
with police/
early guilty
plea
Willingness to
participate in
rehabilitation
Age and/or
mental
stability of
the offender

87. Sentencing factors - Guilty pleas
● When sentencing an offender, the court must consider whether the
offender pleaded guilty to the offence and how early did they enter the plea
● Generally the earlier the guilty plea the greater reduction in sentence likely to
be given
● Early guilty pleas are ideal in that they avoid cost and time associated with
trial and also minimises harm to victims

88. Sentencing factors - Victim Impact Statements
● Victim Impact Statements contain particulars of injury, loss or damage
suffered by the victim as a result of the offence
● When sentencing an offender the court must take into account the impact of
the offence on the victim(s) allowing victims to have a say in the sentencing of
the offender

89. End of Area Study 1 Part A

90. References
Filippin L, Beazer M, Wilson A, Farrar P, 2017, Justice & Outcomes 14th Ed,
Oxford University Press