Indictable Offences
- Created by: dom2csolomon
- Created on: 17-11-16 10:48
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- Indictable Offence
- Offences that are more serious and must be heard by a judge and jury
- Person commits offence.
- Table 1 offences can be heard summarily unless prosecution or defence want to go to a higher court
- reckless driving
- aggravated indecent assult
- aggravated indecent asault
- reckless wounding or inflicting bodily harm
- break and enter offences under $15000
- Table 2 offences can be heard summarily unless the prosecutor disagrees
- assault causing bodily harm to police
- take and drive motor vehicle without owners concent
- stealing or receiving stolen good under $5000
- possession of an implement for the purpose of breaking into a building
- Offences that are strictly indictable are the severe offences
- involves offences that have a maximum penalty of more than 2 years
- murder
- manslughter
- ****
- unlawful sexual intercourse
- involves offences that have a maximum penalty of more than 2 years
- Table 1 offences can be heard summarily unless prosecution or defence want to go to a higher court
- The strictly indictable offences are dealt with by the Supreme or County court, in front of a Judge and a jury.
- Person is brought before court.
- charged by police
- bail is refused
- person served with summons
- All cases start in the magistrates court
- The case will be listed for committal for sentence, once ready to leave the magistrates
- The case will be listed for committal for trial, once ready to leave the magistrates
- PERSONS RIGHTS AND OBLIGATIONS AGAINST THE POLICE
- If asked, you must state your name and address
- They may want to ask more questions. They should tell you if they believe you're a suspect and they should state your rights
- Police can use what you say as evidence
- They may want to ask more questions. They should tell you if they believe you're a suspect and they should state your rights
- An officer can search you if they have a warrant or have arrested you. You may ask for a record of the search
- A police officer has to tell you that you are under arrest and why they're arresting you
- A police may interview you about the offence you're arrested for. The must read your rights beforehand
- An officer can gather your fingerprints if you are over 15, if they believe that you have committed an indictable offence
- If asked, you must state your name and address
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