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Judicial Review of Committal Proceedings for Federal Offences
"... eople charged with serious criminal offences in Australia have the case against them evaluated in a 'preliminary examination ' or committal hearing. In Victoria this is governed by the Magistrates (Summary Proceedings) Act 1971; also Magistrates Courts Act 1989 s.56 and Schedule 5 (not yet ..."
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or she is not prosecuted without some material evidence of guilt. The hearing is conducted by a magistrate, who is required to consider whether the evidence is of sufficient weight to support a conviction for an indictable offence, and if so to direct that the accused stand for trial, Magistrates
SEX 1 SUBJECT: Sexual Offences Against Adults
, 2010
"... POLICY General Principles In cases where the evidentiary test under policy CHA 1 is met, it will generally be in the public interest to prosecute sexual offences. Under the Crown Counsel Act, Crown Counsel are responsible for the decision to prosecute. The charge assessment policy requires Crown Cou ..."
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be advised of available specialized victims ’ services. Alternatives to Prosecution Branch policy ALT 1 provides that offences of aggravated sexual assault and offences involving the use of a firearm in the commission of an indictable offence for which there is a minimum sentence, including sexual assault
• Queensland Health Code of Conduct
"... To outline the requirement for employees to notify Queensland Health if charged or convicted of an indictable offence. 2 APPLICATION This policy applies to all Queensland Health employees. For the purpose of this policy, reference to employees includes volunteers. 3 GUIDELINES Guidelines may be deve ..."
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To outline the requirement for employees to notify Queensland Health if charged or convicted of an indictable offence. 2 APPLICATION This policy applies to all Queensland Health employees. For the purpose of this policy, reference to employees includes volunteers. 3 GUIDELINES Guidelines may
CRIME AND SOCIAL CLASS IN DENMARK
"... IT is customary in Denmark to define criminals as offenders against the Criminal Code, whereby punishable violations of other acts are excluded from the definition of crime. " For our purpose we prefer to define crime operationally as all offences serious enough to be officially registered by t ..."
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by the public authorities, particularly by the police. The registry in question is the Central Police Registry for Denmark. The persons registered are all those who have been charged with an offence classified as a prosecution case (indictable offence) or with a non-indictable offence (police case) of some im
CONCEAL OR REVEAL? THE ROLE OF LAW IN BLACK COLLAR CRIME
"... This article reconsiders the way in which the State deals with the suppression or concealment of crimes, particularly child sexual abuse, by members of institutions such as churches. There are legal mechanisms available to bring such prosecutions and yet they are not being utilized. This article cri ..."
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critically analyses the exemption from prosecution for concealing a serious indictable offence, by members of the clergy under section 316 (4) of the Crimes Act 1900 (NSW); and that section’s relationship to the religious confession privilege under section 217 of the Evidence Act 1995 (NSW). The article
NOTE FRAUD IN THE COURTS Roskill in context
"... FRAUD, particularly "complex " fraud (of which more below), is not an offence that preoccupies the routines of the police or the courts. In 1984, fraud and forgery constituted only 36 per cent, of notifiable offences, 5-7 per cent, of convictions for indictable offences, and 13 per cent, o ..."
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FRAUD, particularly "complex " fraud (of which more below), is not an offence that preoccupies the routines of the police or the courts. In 1984, fraud and forgery constituted only 36 per cent, of notifiable offences, 5-7 per cent, of convictions for indictable offences, and 13 per cent
The Child as a Witness- The Use of Aids DISCUSSION GROUP A
"... he investigation of sex offences committed on children is a matter which always causes a deal of anxiety, hurt and frustration to the victim, the families and investigators involved. This paper will discuss the current laws relating to children giving evidence, methods currently in use by the Child ..."
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evidence in such circumstances that he would if the evidence had been given on oath, have been guilty of perjury he shall be guilty of an indictable offence. Having this section in the statutes can, and indeed, does cause many cases against persons who have committed sex offences on young children
The Legacy of Nuremberg ChristianTomuschat*
"... The Nuremberg trial, later followed by the Tokyo trial, is a milestone in the development of international law. For the first time in modern history, the leaders of a defeated country were indicted for committing serious crimes jeopardizing the bases of peaceful coexistence among individual human be ..."
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the international community has consistently refrained from including aggression in the lists of offences prosecutable under the statutes of the currently existing international criminal courts. However, no well-founded objections could be raised against the indictment for war crimes and crimes against humanity
CROWN COUNSEL POLICY MANUAL
, 2007
"... POLICY The Criminal Justice Branch is responsible for prosecutions under the Criminal Code. The Public Prosecution Service of Canada is responsible for prosecutions under all other federal statutes, unless a provincial investigating agency has provided a report to Crown Counsel, in which case the Cr ..."
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the Criminal Justice Branch is responsible (e.g. under the federal Fisheries Act or the Migratory Birds Convention Act). Notwithstanding the above, where on one Information or Indictment there are charges which are a Criminal Justice Branch responsibility and charges which are a Public Prosecution Service
‘OTHER INHUMANE ACTS’: FORCED MARRIAGE, GIRL SOLDIERS AND THE SPECIAL
"... The decade-long civil war in Sierra Leone gained international notoriety for the wide-spread use of child soldiers, and the sexual abuse and ‘forced ’ marriage of girl soldiers. For the first time in international legal history, ‘forced marriage ’ is being prosecuted as a ‘crime against humanity ’ i ..."
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’ in Sierra Leone’s post-conflict ‘Special Court’. This represents an important step in advancing the human rights of girls, and follows a growing trend in international criminal prosecution of gender offences. Notwith-standing the significance of this indictment, international law is no panacea
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