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Companion Rule (Australian Criminal Law)
The right to silence in Australia is the protection given to a person during criminal proceedings from adverse consequences of remaining silent. It is sometimes referred to as the privilege against self-incrimination. It is used on any occasion when it is considered the person being spoken to is under suspicion of having committed one or more criminal offences and consequently potentially being subject to criminal proceedings. There is no constitutional protection for the right to silence in Australia, but a common law principle, known as the companion rule, provides individuals (but not corporations) this protection. There are some exclusions to the right to silence, such as the NSW Independent Commission Against Corruption where individuals can be compelled to give evidence. Background Australia has no constitutional protection for the right to silence, but it is broadly recognized by State and Federal Crimes Acts and Codes and is regarded by the courts as an important common ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Proceedings
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human Righ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
District Court Of New South Wales
The District Court of New South Wales is the intermediate court in the judicial hierarchy of the Australian state of New South Wales. It is a trial court and has an appellate jurisdiction. In addition, the Judges of the Court preside over a range of tribunals. In its criminal jurisdiction, the Court may deal with all serious criminal offences except murder, treason and piracy. The Court's civil jurisdiction is generally limited to claims less than A$1,250,000. The District Court has had its current structure since reforms during 1973 which created a single court with a statewide criminal and civil jurisdiction.. The Chief Judge of the District Court, since 2014, is the Honourable Justice Sarah Huggett. History By 1850, the court system in the Colony of New South Wales consisted of: * The Supreme Court of New South Wales which, under the Third Charter of Justice sealed in 1823, had a criminal and civil jurisdiction similar to that of the superior Courts of England; * Courts o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Criminal Law
The criminal law of Australia is the body of law in Australia that relates to crime. Responsibility for criminal law in Australia is divided between the state and territory parliaments and the Commonwealth Parliament. This division is due to the Commonwealth Parliament's limited legislative powers under Australian constitutional law.While Australian state governments have plenary power to enact legislation, the Commonwealth's legislative powers are exhaustively defined within the Australian Constitution. The criminal law system differs across Australian states, with distinctions readily found across jurisdictions regarding criminal offences, sentencing and criminal procedure. Additionally, there exists a distinction between Australia's "code states" and "common law states". The code states of Western Australia, Queensland and Tasmania have wholly replaced the system of judge-made criminal law inherited from England with legislative instruments that exhaustively define the cri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Queensland
Queensland ( , commonly abbreviated as Qld) is a States and territories of Australia, state in northeastern Australia, and is the second-largest and third-most populous state in Australia. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south, respectively. To the east, Queensland is bordered by the Coral Sea and the Pacific Ocean; to the state's north is the Torres Strait, separating the Australian mainland from Papua New Guinea, and the Gulf of Carpentaria to the north-west. With an area of , Queensland is the world's List of country subdivisions by area, sixth-largest subnational entity; it List of countries and dependencies by area, is larger than all but 16 countries. Due to its size, Queensland's geographical features and climates are diverse, and include tropical rainforests, rivers, coral reefs, mountain ranges and white sandy beaches in its Tropical climate, tropical and Humid subtropical climate, sub-tropical c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New South Wales
New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South Australia to the west. Its coast borders the Coral Sea, Coral and Tasman Seas to the east. The Australian Capital Territory and Jervis Bay Territory are Enclave and exclave, enclaves within the state. New South Wales' state capital is Sydney, which is also Australia's most populous city. , the population of New South Wales was over 8.3 million, making it Australia's most populous state. Almost two-thirds of the state's population, 5.3 million, live in the Greater Sydney area. The Colony of New South Wales was founded as a British penal colony in 1788. It originally comprised more than half of the Australian mainland with its Western Australia border, western boundary set at 129th meridian east in 1825. The colony then also includ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royal Commission
A royal commission is a major ad-hoc formal public inquiry into a defined issue in some monarchies. They have been held in the United Kingdom, Australia, Canada, New Zealand, Norway, Malaysia, Mauritius and Saudi Arabia. In republics an equivalent entity may be termed a commission of inquiry. Such an inquiry has considerable powers, typically equivalent or greater than those of a judge but restricted to the terms of reference for which it was created. These powers may include subpoenaing witnesses, notably video evidences, taking evidence under oath and requesting documents. The commission is created by the head of state (the sovereign, or their representative in the form of a governor-general or governor) on the advice of the government and formally appointed by letters patent. In practice—unlike lesser forms of inquiry—once a commission has started the government cannot stop it. Consequently, governments are usually very careful about framing the terms of reference a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Justice And Public Order Act 1994
The Criminal Justice and Public Order Act 1994 (c. 33) is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the law, most notably in the restriction and reduction of existing rights, clamping down on unlicensed rave parties, and greater penalties for certain "anti-social" behaviours. The Bill was introduced by Michael Howard, Home Secretary of Prime Minister John Major's Conservative government, and attracted widespread opposition. Background A primary motivation for the act was to curb illegal raves and free parties, especially the traveller festival circuit, which was steadily growing in the early 1990s, culminating in the 1992 Castlemorton Common Festival. Following debates in the House of Commons in its aftermath, Prime Minister John Major alluded to a future clampdown with then Home Secretary Kenneth Clarke, Ken Clarke at that year's Conservative Party Conference (UK), Conservative Party conference. At the 1993 conference, Michael ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Victoria (Australia)
Victoria, commonly abbreviated as Vic, is a States and territories of Australia, state in southeastern Australia. It is the second-smallest state (after Tasmania), with a land area of ; the second-most-populated state (after New South Wales), with a population of over 7 million; and the most densely populated state in Australia (30.6 per km2). Victoria's economy is the List of Australian states and territories by gross state product, second-largest among Australian states and is highly diversified, with service sectors predominating. Victoria is bordered by New South Wales to the north and South Australia to the west and is bounded by the Bass Strait to the south (with the exception of a small land border with Tasmania located along Boundary Islet), the Southern Ocean to the southwest, and the Tasman Sea (a marginal sea of the South Pacific Ocean) to the southeast. The state encompasses a range of climates and geographical features from its temperate climate, temperate coa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is the apex court of the Australian legal system. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation. The High Court was established following the passage of the ''Judiciary Act 1903'' (Cth). Its authority derives from chapter III of the Australian Constitution, which vests it (and other courts the Parliament creates) with the judicial power of the Commonwealth. Its internal processes are governed by the ''High Court of Australia Act 1979'' (Cth). The court consists of seven justices, including a chief justice, currently Stephen Gageler. Justices of the High Court are appointed by the governor-general on the formal advice of the attorney-general following the approval of the prime minister and Cabinet. They are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. Typically, the court operates by receiving applicati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-incrimination
In criminal law, self-incrimination is the act of making a statement that exposes oneself to an accusation of criminal liability or prosecution. Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; or indirectly, when information of a self-incriminatory nature is disclosed voluntarily without pressure from another person. In many legal systems, accused criminals cannot be compelled to incriminate themselves—they may choose to speak to police or other authorities, but they cannot be punished for refusing to do so. There are 108 countries and jurisdictions that currently issue legal warnings to suspects, which include the right to remain silent and the right to legal counsel. These laws are not uniform across the world; however, members of the European Union have developed their laws around the EU's guide. Australia A limited right against self-incrimination exists at com ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Principle Of Legality (Australia)
A principle may relate to a fundamental truth or proposition that serves as the foundation for a system of beliefs or behavior or a chain of reasoning. They provide a guide for behavior or evaluation. A principle can make values explicit, so they are expressed in the form of rules and standards. Principles unpack the values underlying them more concretely so that the values can be more easily operationalized in policy statements and actions. In law, higher order, overarching principles establish rules to be followed, modified by sentencing guidelines relating to context and proportionality. In science and nature, a principle may define the essential characteristics of the system, or reflect the system's designed purpose. The effective operation would be impossible if any one of the principles was to be ignored. A system may be explicitly based on and implemented from a document of principles as was done in IBM's 360/370 ''Principles of Operation''. It is important to differen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
