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Chapter 10

Chapter 10. Criminal procedure. Learning Objectives. To identify and define key pre-trial procedures and their purpose To identify and define key sanctions and their purpose. Key knowledge.

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Chapter 10

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  1. Chapter 10 Criminal procedure

  2. Learning Objectives • To identify and define key pre-trial procedures and their purpose • To identify and define key sanctions and their purpose

  3. Key knowledge • the elements of an effective legal system: entitlement to a fair and unbiased hearing, effective access to the legal system and timely resolution of disputes Chapter 8 • major features of the adversary system of trial, including the role of the parties, the role of the judge, the need for the rules of evidence and procedure, standard and burden of proof and the need for legal representation Chapter 9 • strengths and weaknesses of the adversary system of trial Chapter 9 • major features of the inquisitorial system of trial Chapter 9 • possible reforms to the adversary system of trial Chapter 9 • criminal pre-trial procedures and their purposes, including bail and remand and committal hearings • general purposes of criminal sanctions • an overview of three types of sanctions and their specific purpose • Supreme Court civil pre-trial procedures, including pleadings, discovery and directions hearings, and the purposes of these procedures • the purpose of civil remedies • types of civil remedies, including damages and injunctions • the role of juries, and factors that influence their composition • strengths and weaknesses of the jury system • reforms and alternatives to the jury system • problems and difficulties faced by individuals in using the legal system • recent changes and recommendations for change in the legal system designed to enhance its effective operation.

  4. Chapter 10 focuses on criminal procedure • criminal pre-trial procedures and their purposes, including bail and remand and committal hearings • general purposes of criminal sanctions • an overview of three types of sanctions and their specific purpose

  5. Criminal procedures relate to three key stages • Pre-trial • Trial • Post-trial

  6. Pre-trial Procedures

  7. Definitions • Bail is the conditional release, back into the community, of a suspect charged with a crime, until the conclusion of their trial. • Remand is when bail has been refused, and the suspect is held in custody until their trial

  8. Purpose • Bail recognises the presumption of innocence, and allows the suspect to prepare for trial. • Remand protects the community

  9. Details • Bail conditions may include surrendering a passport or checking in to a police station. • Bail can be granted or refused by a senior police officer, a bail justice or a magistrate

  10. Committal Hearings • Committal hearings are held in the Magistrates’ Court for all indictable offences going to the County Court or the Supreme Court • The magistrate will look at a summary of the prosecution’s evidence • Most committals are conducted using written evidence such as witness statements and interview transcripts. These are submitted in a ‘hand up brief’

  11. Purpose of Committals • To see if there is enough evidence to secure a conviction in a higher court. This is called a “prima facie” case. • It stops weak cases from going to trial.

  12. Types of criminal sanctions • Imprisonment is detaining the offender in jail for a period of time, called a ‘sentence’. Indefinite sentences can also be given, for state offences only. • Fines are sums of money paid by the offender to the court. They are calculated in ‘penalty units’. • Adjournment with or without conviction when the judge adjourns the trial for up to five years while the offender meets conditions, and can choose whether or not to record a conviction

  13. Types of sanctions cont. • Diversion program is when first-time offenders may be told to apologise to the victim and perform community service in return for no conviction or further punishment • Combined custody and treatment order records a conviction and the term of imprisonment is served partly in the community and partly in custody

  14. Purposes of sanctions • Punishment • Deterrence • Protection • Rehabilitation • Denunciation

  15. Homework • Read pages 314-322 (by tomorrow) • Complete questions 1-3 on page 317; and questions1-6 on page 322 (by Friday)

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