HCL001 TOPIC 7 (final)

Principle of criminal law/approach

any crime is morally wrong

7 steps in criminal case (police service act)

 

1.   criminal offence/crime is being committed/police is notified

2. police investigate

3. police detain accused/make arrest

4. police prep charges against accused/review by office of AG

5. charges against accused filed by police by way of charge docs w the registrar of the court on behalf of the victim

6. court issues summon & serve to accused by police for accused to appear before court

7. accused shall appear before court

step 1

criminal offence/crime is being committed/police is notified

*police is not the law, they UPHOLD & ENFORCE law

step 2

  police investigate

police service act 2009 section 5 (1)

“how does the police function (state law & provision of the law)”

section 5 (1) of the police services act 2009 which states that the samoa police service are to act at all times & perform such duties & exercise such powers in accordance w the act

identify functions of the police (4)

Police service act 2009, section 5(1)

(a)           Maintenance of law & order throughout samoa

(b)           Preservation of peace in samoa

(c)           Protection of life & property in samoa

(d)           Prevention, detection & investigation of crime in samoa

step 3

 police detain accused/make arrest

“what law empowers police to make arrests”

= police powers act 2007, article 29 (1)

-        must have a warrant

step 4

  police prep charges against accused/review by office of AG

-        if minor offence: police prosecute (district court)

-        if high profile criminal case: charges reviewed by office of AG & lawyer from AG office prosecutes (supreme court)

step 5

charges against accused filed by police by way of charge docs w the registrar of court on behalf of victim

(always police who press & file charges)

step 6 

  court issues summon & serve to accused by police for accused to appear before court

summon – legal doc order by court for offender to present themselves before judge

step 7

accused shall appear before courts

-        accused to plea guilty or not guity

·        guilty plea = SENTENCING

·        not guilty plea = TRIAL

hm