Criminal Law
Home
Offence Types
Police Powers
Demanding ID, Stopping Vehicles, Entering Places
Search & Seizure
>
Searching places
>
Search Warrants
Searching Vehicles
Searching Persons
Arrest
>
Force
Post-Arrest Procedures
Consequence of Breach
Citizen's Arrest
Questioning
>
Relevant Person
>
Cautioning as to the Right to Silence
Additional Cautions
>
Right to Friend/Relative and Lawyer Caution
Freedom to Leave Caution
Cautions for Particular/Protected Persons
Recording
Involuntary Confessions
Questioning by Undercover Operatives and Secret Recordings
Entrapment
Reasonable Suspicion/Reasonable belief
Offences against police
Excluding Evidence
>
Mandatory Exclusion
Unfairness Discretion
Public Policy Discretion
Criminal Court Procedure
Methods of getting an accused to court
Bail
Magistrates Court
>
Committal
>
Registry Committal
Full Hand Up Committal
Committal with Oral Evidence
Following the Committal or Exofficio Request
District/Supreme Courts
>
s 651 application
Exofficio Indictment
Indictment
Pre-Trial Applications
>
Disclosure
Particulars
Severance of Charges/Separate Trials for Co-accused
Basha Inquiry
Transfer
Stay
>
Abuse of Process
>
Double Jeopardy
s 16
Unfairness
>
Prejudicial Publicity
Delay
Legal Representation
Trial
>
Jury
Judge Alone
Pleas
>
s 17
Fitness to Plead/Fitness for Trial
No case to answer
Judicial Directions/Summing Up
Verdicts
Sentencing
Sentencing Purposes
>
Just Punishment
>
Mitigating Circumstances
Other Offender Characteristics
Rehabilitation
Deterrence
Denunciation
Protection of the Community
Sentencing Principles
>
Imprisonment is a Last Resort
Proportionality
Individualisation
Totality
Consistency/Parity
Parsimony
Reduction for a Guilty Plea
Co-operation
Sentence Orders
>
Recording Convictions
Unsupervised
>
Non-monetary unsupervised orders
Monetary orders
Ancillary Restrictive Orders
Supervised
>
Probation
Community Service
Consequences of Breaching Probation/Community Service
Intensive Correction Order
Combinations
Imprisonment
>
Suspended Sentences
Imprisonment Proper/Parole
Combining Orders of Imprisonment with other orders
Serious Violent Offences
Appeals
Against Conviction
>
Unreasonable/Unsupportable Verdict
Error of Law
Other Miscarriage of Justice
>
New Evidence
The Proviso
Against Sentence
Criminal Organisation
The Sentencing Ladder
Unsupervised
orders are at the bottom rung - then offenders often work their way up to
supervised
orders and eventually to orders of
imprisonment
. Nevertheless it is possible to skip rungs.