Revision Legal Studies AOS 3 Unit 1

Indictable offence

a serious criminal offence which entitles the defendant to a trial by judge and jury

Summary offence

minor less serious offence that can be heard in the Magistrates court

Can Police are your name and address even if they do not believe you have committed an offence

Yes but only if you a driving a vehicle or you have information that may assist them in an investigation for an indictable offence

Arrest

take a suspect into custody

Custody

situation where a person is kept imprisoned while awaiting trial or convicted of a crime

Bail

an agreement to release a person accused of an offence into society whilst awaiting trial,

Examples of bail conditions

hand in passport, report to police station, do not contact witnesses

Offences that have specific powers to detain a suspect for 14 days with charge.

Terrorism

What rights do you have when taken into custody

Telephone a lawyer

Telephone a family/friend

Silence

Body searches

Can only take place if under arrest

In a designated area

Designated Area

incidence of violence has occurred within 12 months or where a person is likely to be carrying a weapon

Type of body searches

Wand to detect a weapon

Pat down

Police can only search private property when...

making an arrest otherwise they need a warrant

Intimate sample

blood

saliva

scraping of mouth

Non - intimate

hair sample

matter under the fingernail

external part of body sample

Fingerprinting can occur when...

10 years or more but under 15 (consent from parents)

15 years or more reasonable force may be used (15 - 17 must have a parent or independent person present)

What is the procedure for bringing a suspect to court

Police question a suspect

Charge the suspect (serious offence only) or issue a summons to appear on court

Should suspect be granted bail

If bail denied then suspect is remanded

5 Purpose of sanctions

Just punishment

Deterrence

Rehabilitation

Denunciation

Protections

Examples of sanctions

Prison (most serious)

Drug treatment order (crime must have been caused by the addiction)

Community based orders (conduct community service)

Concurrent sentences

Defendants ordered to serve more than one prison sentence will serve them at the same time ie 5yrs, 3yrs and 2 yrs. Defendant will serve 5 years

cumulative sentences

Sentences are added together and served one after the other

Importance of crime statistics

Give a picture of crime rates in society

Highlight trends in crime

Provide independent information

Helps provide for improvements in law

Arguments for the death penalty

Deterrence

Removes worst people from society

Saves money (prisoners costs money)

Retribution

Arguments against the death penalty

Person can be innocent

Does not deter crime

Does not respect the right to life

Deserve an opportunity to rehabilitate

Indonesia Stance (death penalty)

Right to life is observed in their constitution with exception of drug offences, argument that it is saving lives as less people will be affected by the scourge of drugs

Australia Stance (death penalty)

Abolished death penalty

Right to life

Not a deterrence

Appellate jurisdiction

When a court is hearing an appeal it operates it's appellate jurisdiction.

Original jurisdiction

When a court hears a dispute for the first time

Court Hierarchy

Magistrates Court > County Court > Supreme Court > High Court

Special courts Childrens and Coroners Court at the Magistrates level

Victim Impact Statement

Designed to give an account of the emotional, physical, psychological of what the victim suffered and this is taken into consideration in sentencing

Reasons for Court Hierarchy

Allows each court to deal with specific types of cases according to the seriousness of the crime and the courts jurisdiction. It also allows for specialisation and administrative convenience

Grounds for appeal

Conviction based on a question of fact

Conviction based on a question of law

Severity of the sentence

Doctrine of Precedent

Principle governing the operation of common law, which provides that higher courts are superior over lower courts in similar cases in the same hierarchy.

The decisions of higher courts are binding on lower courts

Provides certainty in law

Magistrates Court appeals to ...

County or Supreme Court depending on case

County Court appeals to...

Country Court Appeal

Supreme Court trial division appeals to...

Supreme Court Appeals Division

Adversary System

A legal system used in the common law countries where two advocates represent their parties' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case.

Tipstaff

Judge's personal attendant

Witness

Swears oath or affirmation to tell the truth

Defence Lawyer

Represents the accused and questions witnesses in court

Jury

12 people who are randomly selected and decide beyond reasonable doubt whether the defendant is guilty or not guilty

Judge

Oversees court proceedings an ensures parties follow strict rules of evidence

Prosecutor

Presents the case to the jury on behalf of the Crown and has the job of proving the accused committed the crime

Remand

Person who is denied bail

Committal Mention hearing

A hearing to establish whether the accused is going to contest the charges

Committal hearing

Hearing to decide whether there is enough evidence to proceed to a trial

Features of the adversary system

Strict rules of evidence ie no prior convictions or hearsay evidence allowed

Parties present their own case

Independant umpire

Jury advantages

Judged by your peers

Represent cross - section of the community

It has stood the test of time

Jury Disadvantages

Too difficult for ordinary people to listen to legal argument

Not representative because jurors can be excused

They do not give reasons for their decisions

Issue of being unbias due to the exposure to media