Criminal

Question 1

Criminal Law

Answer 1

• Criminal prescribes conduct perceived as threating, harmful or otherwise endangering to the property, health, safety and welfare of peoples incluse of one’s self
• While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm

Question 2

Department of Justice

Answer 2

Usual prosecuter

Question 3

ICAC

Enforcement authority

Answer 3

• Anti corruption and bribary

Question 4

Hong Kong Police Force

Answer 4

• Safeguarding national security
• Protecting life and property
• Preventing and detecting crime
• Maintaining law and order in Hong Kong
• The HKPF is dedicated to garnering community support and maintaining public trust in the police force

Question 5

Perjury

Answer 5

• Lying in court

Witnesses

Question 6

When breaching Criminal Law

Answer 6

There is a criminal punishment

Question 7

Magistrates

Answer 7

(district based)

Question 8

Actus Reus

Answer 8

action or conduct which is a constituent element of a crime

Question 9

Mens Rea

Answer 9

the mental state of the accused.

Question 10

Elements of Actus Reus

Answer 10

• Physical acts. D’s physical actions
• Results of the effect of D
• Circumstances, the facts surronding D’s conduct

Question 11

Failure of Proff Defences

Answer 11

• Where D demonstrates that there are factual holes in the prosecution’s case
• This can be done by defence councel’s cross examination of prosecution witnesses
• Or by evidence introduced through defecne witnesses

Question 12

Cross Examination

Answer 12

The witness will have to answer questions posed by the other party or by the presiding officer.

Question 13

Defence

Insanity

Answer 13

• Mental illness exists and is beyond the control of the afflicted person
• This illness interferes with important psychological functions

Question 14

Insanity defence

Answer 14

• Hk Law recognizes the defnce of insanity
• Those diagnosed with insanity they are subject to be instituionalized in a facily for treatment

Question 15

Suspended Sentance

Answer 15

• Sentance served after x amount of time

Question 16

Statutory Offences

Answer 16

• Created by Statutes, rather than common law
• They are not developed in the courts but by the legislators

Question 17

Summary Offences

Answer 17

Less serious offences

Question 18

Indictable offences

Answer 18

More serious offences

Question 19

Admissbility of Evidence

Answer 19

Practice directions for questioning
- A breach of this may lead to an exclusion of a statement by D from being admitted as evidence in court
- Forced/Induced/Frightened

• voir dire, involuntary confession

Question 20

Cautioned Statement

Answer 20

“anything you say and do can be used against you in the court of law”

Question 21

Criminal Procedure

Answer 21

• Entrance into the Criminal procedure starts with arrest and the laying of charges
• The executive prosecutres the defendant. In HK the DOJ controls criminal prosecutions

Question 22

Bail

Answer 22

• Can be freed for a certain amount of money

Question 23

Adjournment

Answer 23

Extension of time

Question 24

Reception Centre’s

Answer 24

Where defendants are held until sentancing

Question 25

Social Visit

Answer 25

• Once per day 15 minutes, no more then 2 visits
• Lawyers have unlimted access for legal visits

Question 26

Guilty plea

Answer 26

• On a plea of guilty, the brief facts of the case on which the accused is to be convicted will be read in open court

Question 27

Plea of not guilty

Answer 27

• on a plea of not guilty, the case will be adjourned for trial
• A number of procedures may take place before the trial eg; for application for bail, for amendment to the charge, pre trial review etc