Police Powers
This piece of legislation governs police powers.
What is the Law Enforcement (Powers and Responsibility) Act 2002 (NSW) (also known as LEPRA)
This act governs what evidence is admissible or inadmissible.
What is the Evidence Act 1993 (NSW)?
This act governs sentencing in NSW.
What is the Crimes (Sentencing Procedure) Act 1999 (NSW)?
What age range does Doli Incapax (a conclusive presumption) apply to? + What age range does the Rebuttable Presumption apply to?
Doli Incapax = Under ten years old
Rebuttable Presumption = Between ten and thirteen years old
The amendment that established Circle Sentencing in NSW law.
What is the Criminal Procedure Amendment (Circle Sentencing Intervention Program) Regulation Act 2003 (NSW)
What is the Crimes (Domestic and Personal Violence) Act 2007 (NSW)?
The act that governs the rules/conduct of Juries/Jurors.
What is the Jury Act 1977 NSW?
The four purposes of sentencing.
What is Deterrence (specific and general), Retribution, Rehabilitation, Incapacitation?
The law that governs Youth Justice Conferences.
What is the Young Offenders Act 1997 (NSW)?
Does NSW have legislation for Restorative Justice?
No, the ACT does. However, the Youth Offenders Act 1997 (NSW) has restorative justice practices.
These are at least three different examples of police powers?
What is arrest, interrogation, search and seizure? (Could also include surveillance, reasonable force, phone taps, DNA samples, recommend if bail should be granted etc.)
This piece of legislation amended jury verdicts to allow for 11-1 majority verdicts.
What is the Jury Amendment (Verdicts) Act 2006 (NSW)
What is a Victim Impact Statement allowed to include and NOT allowed to include?
Allowed = details of physical, psychiatric, emotional suffering or harm, economic or relationship losses
Not allowed = Details of the crime, offender's criminal history, opinion on offender's character, factual errors (do not have supporting documents)
This act governs the criminal trial proceedings of children.
What is the Children's (Criminal Proceedings) Act 1987?
The legislation that requires child s*x offenders to be registered on the Australian Child Offenders Register (ANCOR) + NSW Child Protection Registry
What is the Child Protection (Offenders Registration) Act 2000 (NSW)?
This piece of legislation governs police actions in relation to bail.
What is the Bail Act (2013)?
The act that governs legal aid?
What is the Legal Aid Commission Act 1979 (NSW)?
This act governs appeals.
What is the Criminal Appeal Act 1912 (NSW)?
This law governs Youth Justice centres in NSW.
What is the Children (Detention Centres) Act (1987) NSW?
The act that governs post-sentencing considerations.
What is the Crimes (Administration of Sentences) Act 1999 (NSW)?
The initial and max amount of hours police can detain and interrogate a person (adult and youth)
Adult = six hours and can be extended to a max of twelve hours
Youth = four hours and can be extended to a max of twelve hours
The tests/conditions that people have to meet to be given legal aid.
What is the Means Test (financial situation), Merit Test (prospect of success), Jurisdiction Test (within jurisdictions and is covered by legal aid), Assess Availability of Funds Test, Forum Test (Which legal aid commission should be responsible)?
These are at least three different types of penalties.
What is Diversionary Program, No Conviction Recorded/Good Behaviour Bond and caution?
(Also include home detention, imprisonment, probation, criminal infringement notice, community service order, suspended sentence, crimes and penalty units and periodic detention)
These are at least three different penalties that apply to children.
What are Dismissal, Conviction (for 16+) and Adjournment?
(Also Good Behaviour Bond, Youth Justice Conference, Fine, Probation, Community Service, Suspended Control Order)
The act that allows for the deportation of a migrant who has been tried and convicted of a criminal offence.
What is the Migration Act 1958 (Cth)?