Offences Flashcards
What are the statute of limitations for summary offences and indictable offences?
Summary offences = 12 months (exception in relation to kids)
Indictable offences have no limitation period.
What are the time limits for filing a charge first a child/youth
Within 6 months
(344A children’s, youth and families act 2005)
What are indictable offences
Offences that must go for trial,
IOTS,
Common law offences,
Crimes act offences
What court are summary offences heard at
Magistrates court
What court processes occur with someone charged with an indictable offence?
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.
What is the time limit for filing a charge against a child?
Must be commenced within 6 months after the date of the offence.
What is the statute of limitations for summary offences?
12 months
What is the statute of limitations for indictable offences?
No limitation period
What does a person who attempts get charged with?
A person who attempts to commit an indictable offence should be charged with the indictable offence of attempting to commit that offence.
What is indictable offences triable summarily (IOTS)?
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.
Who can apply for a summary hearing for a charge to be heard as IOTS?
Accused or informant
What are cumulative sentences?
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.
What are concurrent sentences?
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.
Maximum term of imprisonment for IOTS?
2 years
Maximum term of imprisonment for summary offence
2 years
Maximum cumulative term of imprisonment by magistrates court
5 years for 3 or more offences
Maximum term of imprisonment where none is prescribed
2 years
Why is it necessary to ascertain the classification of an offence?
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.
What is meant by statue of limitations
The maximum period of time after an offence has been committed within which legal proceedings may be initiated
What criteria must exist before an IOTS matter can be heard in the magistrate’s court?
(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.
What are the options for penalties and sanctions to be imposed by the courts?
- Punish the offender
- Deter the offender from committing the same/similar offence
- Establish conditions
- Manifest the denunciation by the court
- Protect the community
(Diversion)
What options are available to give if it finds a person guilty?
(RDI)
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)
What is a CCO
Community correction order
Can you arrest for breach of the peace?
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)
What is section 462 - crimes act?
Use of force
Under s345 of the children, youth and family’s act, what does it state regarding children
Children are to be proceeded against by summons
What are the three main methods of brining a person before the courts?
1) arrest without warrant
2) arrest with warrant
3) summons
What is meant by the term arrest?
Arrest is the total restraint of a person for however short a time.
Explain the acronym CAPS
Criteria for exercising arrest;
Continuation prevention.
Attendance in court assurance
Public order preservation
Safety for public
Explain “finds committing” in s458
The person arresting must have found the offender either actually committing the offence or the behaviour allows you to believe they are the offender
What is s459 - crimes act
Arrest power for indictable offences by police or pso on duty
What is the power of entry and when can it be used?
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.
