CRIMINAL PROCEDURE

Chapter 7Unit 4 Outcome 2

An act or omission that is against the law, harmful to an individual or society as a whole and punishable by law.

1. Act or omission that is against the law2. Harmful to an individual or society as a

whole3. Punishable by law

Definition of Crime

Children under 10 cannot be charged Presumed – cannot commit an offence.

Doli incapax 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

Children and Crime

Summary offencesLess serious crimes that do not have the right

to trial by jury and are heard in the Magistrates Court

Indictable offencesMore serious crimes able to b e heard before

a judge and jury

Indictable offences heard summarily

Types of Offences

Consequences Criminal – aim to punish offender Civil – civil remedy (usually compensation)

Parties Criminal - Usually between state (R – regina –

Queen) and an individualCivil cases usually between two individuals or

groups

Differences between civil and criminal law

Part One – Pre trial

Part Two – Trail

Part Three – Post trial

THREE PARTS

Police powers and the rights of individuals Police questioning Right to silence Organised questioning – coercive

questioning order Fingerprinting Forensic procedure (DNA testing) Searches Arrest

Part One - Pre trial

Bail and remand Remand Restorative justice

Committal hearings Presentment Directions hearing

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

POLICE POWERS AND THE RIGHT OF INDIVIDUALS

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

Rights of individual

- 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

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

Police Powers

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

Summarise Pages 333 to 346 Questions 1 to 6 page 353

Homework