Classification Of Offences

Question 1

What are the elements of an Indictable Offence? (2)

Answer 1

• Must go for Trial.

- Indictable Offences tried summarily (IOTS).

Question 2

What is the information beneath Summary Offences? (2)

Answer 2

• Summary Jurisdiction (Magistrate’s Court)

- The most important distinction is between indictable offences and summary offences.

Question 3

What is the importance of correct Classification? (7)

Answer 3

• To identify the mode of trial.
• To identify the relevant arrest and search powers.
• To select the correct warrant or summons procedure.
• To identify what paperwork is required.
• To observe any appeal procedures involved.
• To ensure interviews in relation to indictable offences are DVD recorded.
• To observe any rules pertaining to the investigation or presentation of evidence.

Question 4

What is the rule of offences as seen in the Crimes Act 1958?

Answer 4

Every offence is an indictable offence unless it is specified that it is a summary offence.

Question 5

What is the Statute of Limitations? (4)

Answer 5

• Statute of Limitations is a law which refers to a limitation period.
• The statute of limitations is 12 months for most Summary Offences,
• Indictable Offences have no limitation period.
• The statute of limitations for children who commit summary offences is 6 months.

Question 6

What is the classification of common law offences?

Answer 6

Any common law offence is indictable.

Question 7

What are IOTS?

Answer 7

Indictable Offences Triable Summarily, indictable offences entitle the accused to trial by jury. Due to the prevalence of some indictable offences, the law allows for some of these offences to be heard at the Magistrate’s court, where matters will be decided by the single magistrate. Reduces delays caused by trial backlogs.

Question 8

What is the Criteria for an IOTS?

Answer 8

• The accused consents to a summary hearing.
• The court determines that the charge is appropriate to be determined summarily, having regard to.
  (- The nature of the offence.
  (- The manner in which the offence is alleged to have been committed, the apparent degree of organisation and the presence of aggravating circumstances.
  (- Whether the offence forms part of a series of offences being alleged against the accused.
  (- The complexity of the proceeding for determining the charge.
  (- The adequacy of sentences available to the court, having regard to the criminal record of the accused.
  (- Whether a co-accused is charged with the same offence.
  (- Any other matter that the Court considers relevant.

Question 9

What is the maximum term of imprisonment that the Magistrate’s Court can impose? (2)

Answer 9

2 years for a single offence.

5 years for three or more offences.

Question 10

What happens when there is a inconsistency between Commonwealth Legislation and State Legislation?

Answer 10

Section 109 of the Australian Constitution Act states “Where a law of a State is inconsistent with the law of the Commonwealth the latter shall prevail and the former shall, to the extent of the inconsistency, be invalid.”