Statute Memo Intro to criminal law (A) Flashcards
What is provided for in Article 18 (8) of the constitution?
That no person shall be convicted of a criminal offence, unless that offence is defined and the penalty is prescribed in written law.
What two principles are established in article 18(4) of the Constitution?
- ) No person shall be held to be guilty of an offence, that at the time the act was committed did not constitute an offence.
- ) No penalty imposed for a criminal offence, should be severer in degree than the maximum penalty provided for in the law
What is established in Article 18 2 (a) of the Constitution.
Every person charged with a criminal offence is presumed innocent until he has pleaded or has been proved to be guilty.
What is established in section 4 of the penal code ( Focus on felonies)
That a felony is punishable without proof of previous conviction with death or with imprisonment with hard labour for 3 years or more.
What is established with regards to cogibisable offences in section 2 of the criminal proceedure code.
That a cognisable offence is one which permits the police to arrest you without a warrant.
What is established with regards to non cogibisable offences in section 2 of the criminal proceedure code.
That a non cognisable offence is one in which the police need a warrant to arrest you.
What does the 1st schedule of the criminal proceedure code provide?
A list of cognisable and non cognisable offences.
What is established by section 102 of the criminal procedure code concerning warrants.
That they:
- Must be issued by a Judge or Magistrate
- Must state the offence and the person agaisnt whom it has been made
- Must direct the person to whom it has been addressed to aprehend the individual and to bring them before the court that issued the warrant or another competent court of jurisdiction to answer to charges and to be further dealt with by the law.
- Remain in force until they have been executed or cancelled by the court that issued it.
What is established under Section 9 of the Local Court Act?
That the local court can hear, try and determine any criminal charge in which the accused is charged with an offence, having wholly or partly committed it in the area of Jurisdiction of the Local Court. Or been an accessory to the commission of the offence in the area.
what is established in section 11 of the local courts act?
The local courts can’t hear cases in which death is alleged to have occurred or where the resultant charge of the offence is punishable by death.
what is established in section 5 of the local courts act?
The local courts can’t impose fines exceeding 40 penalty units
The local courts can’t order imprisonment for a period exceeding two years.
The local courts can’t order Corporal punishment in excess of 12 strokes of the cane.
What is established in section 7 of the criminal procedure code
that the subordinate court can try any offence under the penal code or any other written in law.
but the subordinate court cannot try and offence which imposes a sentence that exceeds nine years.
what is established in article 134 (a) of the Constitution
High Court has unlimited and original jurisdiction in all criminal matters.
What is established in article 131 (a) of the Constitution
The Court of Appeal has jurisdiction to hear appeals from the High Court.
what is established in article 125 (2) (a) of the Constitution
the Supreme Court has appellete of jurisdiction to hear appeals from the Court of Appeal.
