Chapter 7 Unit 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 law 2. Harmful to an individual or society as a whole 3. Punishable by law

 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

Summary offences Less serious crimes that do not have the right to trial by jury and are heard in the Magistrates Court Indictable offences More serious crimes able to b e heard before a judge and jury Indictable offences heard summarily

 Consequences  Criminal – aim to punish offender  Civil – civil remedy (usually compensation) Parties Criminal - Usually between state (R – regina – Queen) and an individual Civil cases usually between two individuals or groups

Part One – Pre trial Part Two – Trail Part Three – Post trial

 Police powers and the rights of individuals  Police questioning  Right to silence  Organised questioning – coercive questioning order  Fingerprinting  Forensic procedure (DNA testing)  Searches  Arrest

 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

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

- 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

 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