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CRIMINAL PROCEDURE

CRIMINAL PROCEDURE. Chapter 7 Unit 4 Outcome 2. Definition of Crime. An act or omission that is against the law, harmful to an individual or society as a whole and punishable by law. Act or omission that is against the law Harmful to an individual or society as a whole Punishable by law.

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CRIMINAL PROCEDURE

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  1. CRIMINAL PROCEDURE Chapter 7 Unit 4 Outcome 2

  2. Definition of Crime • An act or omission that is against the law, harmful to an individual or society as a whole and punishable by law. • Act or omission that is against the law • Harmful to an individual or society as a whole • Punishable by law

  3. Children and Crime • Children under 10 cannot be charged • Presumed – cannot commit an offence. Doliincapax • Children between 10 and 14 – mentally incapable of committing an offence • Principle can be overturned – if it can be shown that the child knew what he or she was doing

  4. Types of Offences Summary offences Less serious crimes that do not have the right to trial by jury and are heard in the Magistrates Court Indictable offences More serious crimes able to b e heard before a judge and jury Indictable offences heard summarily

  5. Differences between civil and criminal law • Consequences • Criminal – aim to punish offender • Civil – civil remedy (usually compensation) Parties Criminal - Usually between state (R – regina –Queen) and an individual Civil cases usually between two individuals or groups

  6. THREE PARTS Part One – Pre trial Part Two – Trail Part Three – Post trial

  7. Part One - Pre trial • Police powers and the rights of individuals • Police questioning • Right to silence • Organised questioning – coercive questioning order • Fingerprinting • Forensic procedure (DNA testing) • Searches • Arrest

  8. Bail and remand • Remand • Restorative justice • Committal hearings • Presentment • Directions hearing

  9. POLICE POWERS AND THE RIGHT OF INDIVIDUALS • Presumed innocent until proven guilty • Protects suspects from unfair treatment • Suspects therefore have rights during questioning • Balance • Unfair harsh treatment – rights of police who have to investigate a crime • Apprehend and punish

  10. Rights of individual SUSPECTS • Informed of charge • Informed by police of their rights • Right to silence (police can demand person’s name and address) • Ask police name, rank, identification number and station • Communicate with lawyer, family and friends before questioning • Interpreter • Bail – Magistrates court – reasonable time

  11. See written statements recorded during investigation • Under 17 – parent/guardian • Refuse to accompany officer to police station unless arrested • Refuse identification parade – reconstructing crimes • Refused body samples or photographs take • Refused police search of property – warrant or reasonably expect to find drugs • Refused to supply voice print

  12. Police Powers • Question a suspect for a reasonable time • Demand a name and address – suspected in reasonable ground... • Question victim and witness • Ask suspect to accompany them to police station • Fingerprints – 15 years or older (children’s court 10 to 15) • Body samples – consent – court order • Search car • Search person – prescribed weapon • Search – person, vehicle or package (graffiti implement) • Arrest without a warrant

  13. Use reasonable force - resist arrest • Suspend driver’s licence – breath test • Seize, impound or immobilise vehicle • Deflate tyres • Listening devices • Identification parades • Entrapment • Reconstruct the crime • Question convicted prisoner

  14. Homework • Summarise Pages 333 to 346 • Questions 1 to 6 page 353

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