Statutory Declaration Flashcards
When is legislation or statue used?
Directly when deciding a legal matter in dispute
When deciding a persons right’s and obligations
Act has two types of sections
Machinery
offence
What is a machinery section?
Machinery sections include information about offences and the duties and powers of a police officer or members of the public in certain situations.
What is a offence section?
An offence section, outlines how you have broken the law.
What are the two kinds of offences
Criminal and regulatory
What are the types of criminal offences?
Simple, misdemeanour and crime offences
What are they types of indictable offences
crimes misdemeanour
What types of offences can be summarily convicted at a magistrates court
regulatory and simple
what are they types of regulatory crimes
stealing goods valued at $150 or less from a shop.
leaving a hotel or restaurant without payment of a bill for goods or services valued at $150.
damaging property valued at $250 or less
What does indictment mean?
means a written charge preferred against an accused person in order to the person’s trial before some court other than justices exercising summary jurisdiction.
crime of which the suspect is accused is presented by the Crown ensuring the matter is heard in the presence of a judge and jury or a judge sitting alone.
What does summary jurisdiction mean?
means it may be dealt with in a magistrates court
What are they ways a police officer can commence proceeding on an offender to appear before a court.
arrest and charge a person (with or without a warrant)
• issue a Notice to Appear (NTA)
• proceed by way of complaint and summons.
elements are used when discussing…
offences
components are used in relation to…
Machinery
TDP stands for
Time date place
