Contact with Criminal Law

What is criminal law?

Criminal law deals with offences against society and the state. It deals with how people should behave (what they can and cannot do)

Who is being prosecuted in criminal law?

Defendant or the accused

What is a crime?

A crime is an act or omission that breaks criminal law and is punishable by the state.

What are the basic stages of the criminal process?

Reporting a crime, Investigation, charge and arrest, bail, trial, and sentencing.

What is reporting?

When a crime is brought to the attention of the police

What is an arrest?

An arrest happens when police legally take a person into custody because they believe the person has committed an offence

What is a trial?

When a court decides whether the accused is guilty or not guilty.

What is sentencing?

Sentencing happens after a guilty verdict or plea

What is a charge?

A formal accusation that a person has committed a criminal offence.

What is the standard of proof in criminal law?

Beyond reasonable doubt

What are summary offences?

Less serious crimes heard in the Local or Magistrates Court before a magistrate.

Give examples of summary offences.

Minor assault, offensive language, shoplifting, and traffic offences.

What are indictable offences?

Serious crimes usually heard before a judge and jury in a higher court.

Give examples of indictable offences.

Murder, armed robbery, rape, and serious drug offences.

What is the role of law enforcement agencies?

To investigate crimes, gather evidence, maintain public order, and enforce laws.

Name some examples of law enforcement agencies in Australia.

Police, the Australian Federal Police (AFP), and crime commissions.

What is the Children’s Court?

A specialist court that deals with criminal matters involving young people.

Why does the Children’s Court exist?

To focus on rehabilitation and the welfare of young offenders.

What types of cases are usually heard in the Children’s Court?

Criminal offences committed by people under 18.

What is rehabilitation?

Helping offenders change their behaviour and reintegrate into society.

What rights do children have when questioned by police?

The right to remain silent, legal representation, and support from a parent or guardian.

What does the right to remain silent mean?

A person does not have to answer police questions except in certain situations.

What is bail?

Temporary release from custody while waiting for court.

What factors are considered when deciding bail?

Risk of reoffending, seriousness of the offence, and likelihood of appearing in court.

What are penalties in criminal law designed to achieve?

Punishment, deterrence, rehabilitation, denunciation, and community protection.

What is the jurisdiction of the local court?

Summary offences, Committal Proceedings, traffic/driving offences, Monetary claims ($100,000), small claims (civil dispute)

What is the jurisdiction of the district court?

Monetary claims ($1,250,000), unlimited for civil claims, broad criminal jurisdiction but cannot handle the most severe cases e.g. murder, treason, and piracy

What is the jurisdiction of the federal court?

Can handle almost all civil matters and some summary and indictable criminal matters

What is joint criminal enterprise?

If you are present as part of a group and a crime is committed by members of that group.

When are you held liable as a principle offender in JCI

• Present when the crime was committed

• knew what was going on

• in some sort of agreement with other members of the group to commit the crime