Criminal Procedure Exam Notes

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  • UniversityDeakin University
  • AreaLaw
  • CourseCriminal Procedure
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76% Grade
  • Authorliv611
  • Created2013
  • Pages133
  • Approved16 September 2014

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About these notes

1. Components of the Criminal Justice System
o Fairness: balance between preventing crime and individuals rights
o Judge’s decision: admission of evidence, discretions
Courts Exercising Criminal Jurisdiction
o Jurisdiction: Victorian, Commonwealth
o Indictable and summary offences
o Overview of Courts
2. Commencement of Criminal proceedings
o Arrest: powers, elements, with/without warrants
o Entry onto land to arrest and search of premises
o Unlawful arrest: rights, elements
o Charge
3. Search and Seizure
o Search consequent to a lawful arrest
o Strip searches
o Search of premises and seizure of evidence without warrant
o Search warrants
Police Questioning
o Custody or not
o Protections given to person in custody
o Pre-trial right to silence
o Confessional evidence
o Fairness discretion (s85, 90)
o Public Policy discretion (s138)
o Christie discretion (s137)

4. Identification evidence
o Dangers and duty to warn
o Identification parades (s114)
o Photo identification (s115)
5. Forensic Procedures and Fingerprinting
o Forensic procedures (s464)
o Admissibility of sample evidence
o Fingerprinting: State offences
o Commonwealth offences: fingerprints and bodily samples (s3ZJ)
6. Bail
o When may bail be granted (s4)
o Who may grant bail: police, bail justice, Magistrate, Judge
o Presumption in favour of bail: exceptional circumstances, show cause
o Bail hearing (s8)
o Bail conditions (s5)
o Deposits (s5(5), (6)), sureties (s5(7), 9)
7. Trial of Indictable Offences
o Roles of parties
o Indictment, time limits, venue
o Pre-trial disclosure
o Jury empanelled
o Evidence
o Charge by Judge to jury
8. The Machinery of Prosecutions
o Role of DPP, Crown Prosecutor
o Private prosecutions
o Guidelines
o Discontinuance
o Plea/Charge negotiations
9. The Trial Process and Defence Pleadings
o Plea of guilty and not guilty
o Double jeopardy (chapter 7A)
10. The Jury System
o Eligibility: disqualified, ineligible, excused
o Challenges to jury
o Sanctity/Secrecy of the jury room (s77, 78)

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