Offences

Question 1

What are the statute of limitations for summary offences and indictable offences?

Answer 1

Summary offences = 12 months (exception in relation to kids)

Indictable offences have no limitation period.

Question 2

What are the time limits for filing a charge first a child/youth

Answer 2

Within 6 months

(344A children’s, youth and families act 2005)

Question 3

What are indictable offences

Answer 3

Offences that must go for trial,
IOTS,
Common law offences,
Crimes act offences

Question 4

What court are summary offences heard at

Answer 4

Magistrates court

Question 5

What court processes occur with someone charged with an indictable offence?

Answer 5

First appear before a magistrate’s court for a preliminary hearing known as “committal proceedings”.
If prima facie case is established by the prosecution, the accused is “committed” for trial by judge and jury.

Question 6

What is the time limit for filing a charge against a child?

Answer 6

Must be commenced within 6 months after the date of the offence.

Question 7

What is the statute of limitations for summary offences?

Answer 7

12 months

Question 8

What is the statute of limitations for indictable offences?

Answer 8

No limitation period

Question 9

What does a person who attempts get charged with?

Answer 9

A person who attempts to commit an indictable offence should be charged with the indictable offence of attempting to commit that offence.

Question 10

What is indictable offences triable summarily (IOTS)?

Answer 10

The law allows for some indictable offences to be heard and disposed of by a magistrates court instead of going to trial.
(Heard at a lower jurisdiction)

Does not change the offence of being indictable.

Question 11

Who can apply for a summary hearing for a charge to be heard as IOTS?

Answer 11

Accused or informant

Question 12

What are cumulative sentences?

Answer 12

Every sentence in default of a payment of a fine shall be served cumulatively on any other sentence in default of a payment of a fine.

Question 13

What are concurrent sentences?

Answer 13

Any sentence other than that imposed in default of a payment of a fine shall be served concurrently with any other sentence not in default of a fine.

Question 14

Maximum term of imprisonment for IOTS?

Answer 14

2 years

Question 15

Maximum term of imprisonment for summary offence

Answer 15

2 years

Question 16

Maximum cumulative term of imprisonment by magistrates court

Answer 16

5 years for 3 or more offences

Question 17

Maximum term of imprisonment where none is prescribed

Answer 17

2 years

Question 18

Why is it necessary to ascertain the classification of an offence?

Answer 18

To identify the mode of trial,
the relevant arrest & search powers,
Select the correct warrant or summons procedure,
Identify paperwork required,
Observe any appeal procedures involved,
Ensure interviews for indictable offences are dvd recorded,
Observe any times pertaining to the investigation or presentation of evidence.

Question 19

What is meant by statue of limitations

Answer 19

The maximum period of time after an offence has been committed within which legal proceedings may be initiated

Question 20

What criteria must exist before an IOTS matter can be heard in the magistrate’s court?

Answer 20

(S.29)
The accused consents to a summary hearing and the court considers that the charge is appropriate to be determined summarily having regard to the seriousness of the offending.

Question 21

What are the options for penalties and sanctions to be imposed by the courts?

Answer 21

1. Punish the offender
2. Deter the offender from committing the same/similar offence
3. Establish conditions
4. Manifest the denunciation by the court
5. Protect the community

(Diversion)

Question 22

What options are available to give if it finds a person guilty?
(RDI)

Answer 22

Record a conviction & discharge
Dismiss without conviction
Impose any other order

Record a conviction and:
- order a term of imprisonment
- order detention in a mental health service
- make a drug treatment order
- order a young offender go to a youth centre

Within or without a conviction:
- make a community corrections order (CCO)
- impose a fine
- order the release of the offender on an adjournment (bond)

Question 23

What is a CCO

Answer 23

Community correction order

Question 24

Can you arrest for breach of the peace?

Answer 24

No. It is not an offence therefore there is no power of arrest.
There is power to enter, remove items and give directions.
The arrest power would be “hindering police” (summary offences act)

Question 25

What is section 462 - crimes act?

Answer 25

Use of force

Question 26

Under s345 of the children, youth and family’s act, what does it state regarding children

Answer 26

Children are to be proceeded against by summons

Question 27

What are the three main methods of brining a person before the courts?

Answer 27

1) arrest without warrant
2) arrest with warrant
3) summons

Question 28

What is meant by the term arrest?

Answer 28

Arrest is the total restraint of a person for however short a time.

Question 29

Explain the acronym CAPS

Answer 29

Criteria for exercising arrest;
Continuation prevention.
Attendance in court assurance
Public order preservation
Safety for public

Question 30

Explain “finds committing” in s458

Answer 30

The person arresting must have found the offender either actually committing the offence or the behaviour allows you to believe they are the offender

Question 31

What is s459 - crimes act

Answer 31

Arrest power for indictable offences by police or pso on duty

Question 32

What is the power of entry and when can it be used?

Answer 32

S.459A - crimes act
RGTB to have committed a serious indictable offence,
Escaping legal custody or
Finds committing a serious indictable offence.
May use reasonable force to enter and search for that person at any place.