Chapter 7 Criminal Procedure. Crimes Act 1958 (Vic) Warrant – to search premises if believed on reasonable ground that the search will disclose:  Stolen.

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Presentation transcript:

Chapter 7 Criminal Procedure

Crimes Act 1958 (Vic) Warrant – to search premises if believed on reasonable ground that the search will disclose:  Stolen goods  Goods that might be evidence of a crime  Goods that might be used in a crime  Goods that might be relevant to the commission of a crime

 Police may search a person without a warrant if the officer lawfully arrest the person and the officer reasonably believes that the person possesses stolen property, drugs or a weapon

 If for the purpose of arrest  In drug related cases – search person, animal or vehicle without a warrant – if reasonable grounds for suspecting the presence of drugs  Includes volatile substances – glues

Graffiti Prevention Act 2007 (Vic) Search person, vehicle or package if they believe on reasonable grounds that the person in possession of a prescribed graffiti implement - on the property of public transport authority or adjacent to a public place or where a person is trespassing

 Reasonable grounds that person in carrying or has in his or her possession in a public place or non government school, a prohibited weapon, controlled weapon or dangerous article

 An authorised officer – may ask a person to produce and open for inspection any bag, basket or other receptacle that the person has taken, or intends to take, into a managed venue or managed access area.  Screening equipment

 Warrant – document stating a person must be arrested and brought before a court  Arrest without a warrant – reasonable force may be used when making an arrest – if a suspect cannot be arrested without a warrant, then that person may be lawfully killed.

 Arrest usually made when it is reasonably believed that the suspect has committed a serious indictable offence  Minor offences – suspects given a summons to appear in court

 Arresting officer touches the person to indicate clearly the person who is being arrested, cautions the person and informs them of the reason for their arrest.  Suspect is then taken to the police station for questioning

1. What is bail? 2. What is the main aim of bail? 3. Who can grant bail? 4. When is a bail justice called by police? 5. What kind of conditions can be placed on bail? 6. What is a surety? 7. When may bail be refused?

8. What happens to people who are refused bail? 9. Where are men and women kept in remand? 10. How long can people be kept in remand? 11. Where and for how long are children kept in remand? 12. What is restorative justice?

 Read and summarise pages 353 to 367  Complete questions 15 to 22 page 360

Questions you should be able to answer  What is the aim of a committal?  What is a plea brief?  What is included in pre- hearing disclosures?  What is the aim of a special mention hearing?  What is the purpose of a hand up brief? What are the time limits for a hand up brief?  What is a committal mention hearing?  What is a contested committal mention hearing?

 Can a matter go to trial if a prima facie case is not established? Explain.  What are depositions?  What is a presentment?  What are directions hearings? What are the advantages and disadvantages of direction hearings?  Outline the procedure for a criminal trial for an indictable offence. Question sheets will be provided in class... Stay tuned....