Criminal Law Survival Kit: Crime. Last Updated 1. 0 September 2. There are some important exceptions which are set out below. As a matter. of common sense, if you are asked questions by police about a simple matter of which. In particular, if the police want to. A police officer can request a person to provide his or her name and address if those. Law Enforcement (Powers and Responsibilities) Act (hereafter LE (PAR) Act). No moosie there is no brainwashing of scholars and those who know the facts which you are not one. Israel good, Hamas, who by the way the Gazans voted into. CHAPTER I THE POISONED NEEDLE 'Truth wears no mask, seeks neither place nor applause, bows to no human shrine; she only asks a hearing.' The increasing flood of. Japanese law does not define those convicted in the post-1945 trials as criminals, despite the fact that Japan's governments have accepted the judgments made in the. Offences against minors abroad 1. 1 This Code also applies to any person who is in Switzerland, is not being extradited and has committed any of the following. PART A: CRIMINAL LAW IN NEW SOUTH WALES. Last Updated 10 September 2016. From Arrest to Local Court (a) Arrest and Following. Do I Have to Answer Police Questions? Welcome to my page of quotations about age, aging, and youth. Even though I've been collecting these since I was thirteen, I must admit that this page has grown quite. Steven Berkoff: Steven Berkoff was born in Stepney, London. The penalty is. 2 penalty units, or $2. It has been held that the police are entitled to demand the particulars of a suspect: DPP v Horwood . Where a police officer reasonably suspects that a motor vehicle was or may have been. LE (PAR) Act It is an offence to refuse to give an answer or to give a false name or address. LE (PAR) Act. Police can demand proof of identification: s. Stop and Search. The police have no power at common law to search someone prior to arrest: Mammone. Chaplin (1. 99. 1) 5. A Crim R 1. 63. 2. LE (PAR) Act the police may stop and. Being sniffed by a police drug dog is not a 'search': DPP v Darby . There must be some factual basis for the suspicion; reasonable. Hearsay material can be used as the basis for a reasonable. Rondo (2. 00. 1) 1. A Crim R 5. 62 . A police officer has the power to stop and search a motor. LE (PAR) Act. De Facto Arrest. A person is arrested when police deprive him of his liberty, regardless of the words. A person is arrested when police make it plain to him that he is not free to. Lavery (1. 97. 8) 1. SASR 5. 15, C (1. A Crim R 8. 1. When a person. Trotter (1. 99. 2) 6. A Crim R 1. An arrest for the purpose of investigating whether or not the person has committed. Williams (1. 98. 6) 1. CLR 2. 78, 6. 6 ALR 3. This remains. the case after the amendments to the Crimes Act allowing detention after arrest for. Dungay (2. 00. 1) 1. A Crim R 2. 16. It also means that there is no power to arrest a suspect when the arresting officer has not formed an intention to charge him: Dowse v NSW . Reasonable Cause. The arrester must have reasonable grounds to believe that the person has or is in the act of committing an offence: s. Reasonable cause includes. Hussein v Chong Fook Kam . The principles relating to 'reasonable grounds to arrest have been summarised in Hyder v The Commonwealth . Instruction. 3. 7. No particular form of words is necessary as long as it is made clear to the. Inwood . The reason for the arrest. See Christie v Leachinsky . So may a person in lawful custody: s. Carry Cutting. It is an offence to have a cutting weapon when arrested: s. This only applies when. Pittman v Di Francesco. NSWLR 1. 33. Prints and Photos. A police officer can take particulars necessary to identify a person in custody including fingerprints, palm prints and photographs for the purpose of identification. The purpose. is ID for the court, not the police: Carr . However the decision. Mc. Phail and Tivey (1. A Crim R 3. 90. In practice, anyone arrested and charged. It has been held that s. LE (PAR) Act permits the police to take photographs and fingerprints not only to establish identity but also in order to prove that the suspect had committed the crime: Regina v SA, DD, and ES . The court can order particulars be taken of a defendant once an offence has been found proved once an offence is proved: s. LE (PAR) Act. Handwriting Samples. It has been held that the predecessor to s. LE (PAR) Act authorised the taking of. Knight (2. 00. 1) 1. A Crim R 3. 81. Medical Examination. Where an officer of or above the rank of sergeant has reasonable grounds for believing. This provision does not permit includes specimens. Fernando. (1. 99. A Crim R 6. 4. However, authority to take such samples can be obtained under the Crimes (Forensic Procedures) Act (2. The provisions are. This legislation does not apply to DNA obtained other than by taking samples from. Kane (2. 00. 4) 1. A Crim R 4. 96. 7) Children and mentally incapable. The giving of information. If the suspect is an Aboriginal. Torres Strait Islander, the police must notify an Aboriginal legal aid organisation. Forensic procedures can be carried out on 'volunteers' who. Non- Intimate' Forensic Procedures. Forensic procedures are divided into 'intimate' and 'non- intimate'. Non- intimate forensic procedures include: examining, photographing, taking a swab or sample or cast. A 'senior police officer' (of the rank of sergeant or above). AND(5) the carrying out of the forensic procedure without consent is justified in all the circumstances. Crimes (Forensic Procedures) Act. Intimate Forensic Procedures. Intimate forensic procedures include: examining, photographing, taking a swab or sample from. Intimate forensic procedures can only be carried by order. Before making such an order, the magistrate must be satisfied of the following: (1) that the person is a suspect (defined as s. Orban v Bayliss . The magistrate must make a finding that each of these matters have been established before an order can be made: Orban v Bayliss . In particular, the magistrate must make a specific finding that there are reasonable grounds for believing that the suspect has committed the offence: Fawcett v Nimmo (2. A Crim R 4. 31. Before the magistrate makes an order requiring a suspect to give a sample of DNA, there must at least be a sample of DNA at the crime scene to match it with: Walker v Bugden (2. A Crim R 4. 16 . Forensic Procedures and Prisoners. These provisions apply to 'serious indictable offenders'. Crimes (Forensic Procedures) Act. Police officers are given the power to make an order that. Crimes (Forensic Procedures) Act . Period of Detention. A person who is under arrest can be detained by police for. This period. is a 'reasonable time', but no more than 4 hours or such longer period as extended. LE (PAR) Act. In determining what is a 'reasonable time', certain periods can be disregarded as. Periods which can be treated as 'dead time' are the following (in summary): (a) time taken to convey the person to the nearest location. The person must be released during the investigation period. LE (PAR) Act. Extensions to the Investigation Period. A magistrate or clerk of the Local Court can authorise an. The application can be. The Rights of the Suspect. The custody manager at the police station is required to. The custody manager is. Similarly the custody. LE (PAR) Act). The custody manager must arrange for an interpreter to be. English the person cannot communicate with reasonable fluency in English. LE (PAR) Act).'Vulnerable Persons': Children, Aboriginals, DDs, etc. Vulnerable persons are defined as: childrenpeople with impaired physical or intellectual functioning. Aboriginals and Torres Strait Islanderspeople from a non- English speaking background(Regulation 2. LE (PAR)Regulations).'Vulnerable persons' are entitled to have a support person present during any investigative. Regulation 2. 7 LE (PAR) Regulations. Before any investigative procedure starts, the custody manager at. Support Persons. If the 'vulnerable person' wishes to have a support person. LE (PAR) Regulations. This includes the right to make a phone call to a legal practitioner (reg 2. LE (PAR) Regulations). The custody manager is to inform the support person that he/she. LE (PAR) Regulations. The caution should be repeated in front of the support person: reg 3. LE (PAR) Regulations. A copy of a summary of the suspect's rights while in custody (formerly called the part 1. A document) should be given to the support person. LE (PAR) Regulations. Breaches of these regulations may be very significant in relation to the question. Aborigines. In addition to the rights referred to in the preceding paragraph. Aboriginal or Torres Strait. Islander in custody that he will inform an Aboriginal legal aid organisation that. Aboriginal legal aid. LE (PAR) Regulations This requirement does not depend on the accused making a request. Aboriginal legal aid organisation to be contacted. As to the effect on the. Helmhout (2. 00. 1) 1. A Crim R 2. 57. 7 Surveillance Devices Act. One exception is where the the person recording the conversation is a party to the conversation and records the conversation in order to protect that person's lawful interests: s. Surveillance Devices Act. This may permit a child complainant in a sexual assault case to record a conversation with an adult accused: DW v Regina . The validity of a listening device warrants cannot be challenged in an inferior court. Murphy (1. 98. 9) 1. CLR 9. 4, Peters. Love (1. 99. 0) 9. ALR 3. 22) but may be able to be challenged in the Supreme Court. Carroll (1. 99. 3) 7. A Crim R 1. 62, Haynes (1. PD . 2. 0 Surveillance Devices Act): the name of the applicant for the warrantthe prescribed offence for which the warrant was grantedthe date when the warrant was issued the kind of surveillance device to be used the premises or place where the listening device is to be installedwhere known, the name of any person whose conversation. A warrant must expressly authorise trespassing to install. Coco (1. 99. 4) 1. CLR 4. 27, 6. 8 ALJR 4. Interception of Telephone Calls Interception of telephone calls is governed by the Telecommunications (Interception and Access) Act (Commonwealth) 1. What follows can only be a summary of these provisions. Generally it is not permissible to listen to or record a telephone call (the cumbersome phrase 'a communication passing over a telecommunications system' is used in the Act): s. Telecommunications (Interception and Access) Act. There are some important exceptions to this general rule: Applications for a warrant. Applications for warrants can be made by state or federal police as well as a number of agencies including the Crime Commission and the ICAC (s. Telecommunications (Interception and Access) Act). Normally applications for a warrant must be made in writing, supported by an affidavit (except in urgent cases): s. Telecommunications (Interception and Access) Act. Applications are made to judges or nominated members of the AAT (s. Telecommunications (Interception and Access) Act). Applications are to include (s.
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