William Walsh CRIMINAL PROCEDURE.

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Presentation transcript:

William Walsh CRIMINAL PROCEDURE

Criminal Procedure Police Investigation Suspect Arrest Alleged criminal offence Police Investigation Suspect Arrest

Criminal Procedure Police Interrogation Right to Silence - Qualified - Adverse inference

Police Discretion no action charges walk away bail determination Criminal Procedure Police Discretion no action charges walk away bail determination

Bail determination by Police Criminal Procedure Bail determination by Police Yes No Released Custody Local Court Bail determination by Local Court

Bail determination by Local Court Criminal Procedure Bail determination by Local Court Yes No Released Custody Local Court Local Court

Local Court Guilty Plea of Not Guilty Criminal Procedure Local Court Guilty Plea of Not Guilty

Criminal Procedure Plea of Guilty Summary/Indictable Dealt summarily Sentence Local Court District Court Strictly indictable Sentence Supreme Court

Criminal Procedure Plea of Not Guilty Summary Local Court Indictable dealt summarily Trial (Right to District Court silence) Strictly Indictable Supreme Court

Criminal Procedure ‘Not Guilty’ Walk away ‘Guilty’ Sentencing

Criminal Procedure Sentencing without bond No conviction recorded with bond Fine Bond (with conviction recorded) Community Service Custody - suspended with bond - intensive correctional order - home detention - full-time New sentencing options (September 2018)

Criminal Procedure Right of Appeal Conviction (not guilty) Local court District Court (1 judge) District Court Court of Criminal Appeal Supreme Court (3 or 5 Supreme Court judges)

Criminal Procedure Right of Appeal Sentence (severity) Local court District Court (1 judge) District Court Court of Criminal Appeal Supreme Court (3 Supreme Court judges)

Criminal Procedure Right of Appeal Appeal against conviction and/or sentence NSW Court of Criminal Appeal High Court of Australia (3, 5 or 7 judges)