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Civil and Criminal Procedure

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Civil and Criminal Procedure
LAWS 1014

Criminal Procedure Exam

Table of Contents

Introduction to Criminal Procedure – Crime and Society 4
Crime 4
Criminal law 4
Sources of criminal law in Australia 4
Justice 4
Procedural law 5
Substantive law 5
General criminal procedure 5
Current trend towards criminal procedure 5
Crime and history 6
Crime and society 6
Problems with criminal procedure 7
Reforms to criminal procedure 8
Context for making criminal procedures 9
Indigenous people and Australian criminal procedure 9
Ethnic minorities and Australian criminal procedure 9
Application of racial vilification laws 9

Stages of Criminal Justice 10
Process of criminal justice 10
Criminal justice system 10
Stages of criminal justice 11
Determination of criminal liability 12
Operation of criminal justice in practice 12
Hierarchy of the criminal courts 12
Fair trial 14
Reality of discrimination 14

Police Discretion: Gatekeepers of the Criminal Justice System 16
Role of police discretion 16
Legislated police powers 16
Stereotyping and its influence 17
Key to the process of diversion 17
‘Stop and Search’ 17
Central role of police in constructing prosecution case 18
Discretionary nature of police powers 18
Key decision sites 18
Problems of accountability and good governance 18
Arrest, detention and investigation powers 19
Attempts to restrict judicial discretion have changed the face of sentencing and punishment in NSW 22
LAW relating to police powers - prior to criminal investigation prior to criminal trial 23
Significance of the political context in relation to the rules governing police powers and their recent form 25
Various law reform proposals 25

Pre-trial Criminal Investigation and the Decision to Prosecute 26
What precedes the decision to prosecute? 26
Practice of charge and plea bargaining 26
“no bills” and “stays or prosecution” 27
Disclosure obligations 27
Law reform on committals 28
Unfair inducements to plead 29
Possible defences to crimes 29
Non-police investigation agencies/ special
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