CRIME

THE NATURE OF CRIME

 Describe the THE MEANING OF CRIME
nature of  An act or omission of duty resulting in harm to society that is punishable by the state.
crime
o Socially acceptable behaviour generally not criminalised.
o Seen in the Crimes Act 1900.
 Criminal law involves the public, is between the offender and the state, and is found in both
common and statute law.

ELEMENTS OF CRIME

Actus Reus  ‘a guilty act’

 Prosecution attempts to prove that the accused actually committed the act.
 The act must be voluntary.

Mens Rea  ‘a guilty mind’

 Intention  Accused intended to commit the crime.

 Recklessness  Accused knew their actions could harm someone yet did it anyway.
 Negligence  Accused should’ve known what they were doing was wrong/harmful.

STRICT LIABILITY OFFENCES

 Prosecution doesn’t have to prove that the person intended to commit the crime.
 All they have to prove is the actus reus NOT mens rea.
 Usually dealt within the Local Court.

CAUSATION

Causation  the actus reus (an action) from which the specific injury or other effect arose.

 Must be proven
 In order to prove that there is no causation, the defence must prove that something occurred
between the act committed and the injury/harm/death.
o This is called breaking the chain of causation.

 Recognise the OFFENCES AGAINST THE PERSON

different These offences involve some form of harm or injury to an individual.
categories of
 Homicide
crime
CRIME EXPLANATION
 Murder  Most serious homicide offence  life imprisonment.
 Prosecution must prove one or more of the following:
o Deliberate Intention
o Serious Bodily Harm
o Reckless Indifference
o While committing a crime
Voluntary  With intent but there are mitigating factors i.e. provocation.
Manslaughter
Involuntary  Accused acted in a reckless or dangerous way.
Manslaughter
Constructive  The accused was in the midst of committing another crime when
Manslaughter the death occurred.
Infanticide  Death of a baby at the hands of its mother.
Dangerous  Driving in a dangerous or reckless manner that results in a death
Driving Causing e.g. DUI.
Death

 Assault

CRIME EXPLANATION
Common Assault  No physical harm  based on threatening to assault.
Sexual Assault  Forcing an individual into any form of sexual conduct without
their consent.
Aggravated  Sexual assault performed with other people present  more
Sexual Assault in commonly referred to as ‘gang rape’.
Company
Indecent Assault  Accused committed an act of indecency.
OFFENCES AGAINST THE SOVEREIGN

These are acts or omissions of duty which aim to disrupt or harm the governing body of a country –
political crimes.

 Spying
 Treason
 Sedition
 Illegal Demonstrations

ECONOMIC OFFENCES

These crimes involve acts or omissions against people’s property or finances.

CRIMES AGAINST WHITE COLLAR CRIME COMPUTER CRIMES

PROPERTY
 Larceny  Embezzlement  Related to hacking
 Robbery  Tax Evasion and unauthorised
 Armed Robbery  Insider Trading access or

 Break & Enter modification of

 restricted data.

DRUG OFFENCES

These offences include possession, trafficking, cultivation, manufacture and importation of illicit
drugs.

DRIVING OFFENCES

Most driving offences are summary of regulatory offences  strict liability offences.

PUBLIC ORDER OFFENCES

These offences are those activities or behaviours which are alleged to cause disruption or offence to
the general public.

 Offensive Conduct
 Obstructing Traffic
 Indecent Exposure

PRELIMINARY OFFENCES

This crime occurs when the person tries to commit an act or plans to  doesn’t matter if the plan
failed, the intention is enough.

 Conspiracy
 Attempt

REGULATORY OFFENCES

Usually covered by delegated legislation.

 Watering garden during water restriction.

 Travelling on a train without a valid ticket.

 Define
summary and SUMMARY INDICTABLE
indictable
 Minor Offences  Larger Scale Offences
offences
 Usually heard in the local court –  Larger penalties – up to life
Magistrate  Should prove both actus reus & mens
 Smaller penalties – less than 2yrs rea
 Examine a
range of FACTOR EXPLANATION
factors that PSYCHOLOGI  Mental illness is highly relevant throughout the criminal investigation
may lead to CAL process. It impacts on:
criminal o Charge & arrest
behaviour
o During the trial
o Sentencing – some people with mental illness are sentenced
to rehabilitation.
SOCIAL  Attitudes toward family + relationships.
 Social groups – peer pressure, gangs etc.
 Conditions of childhood.
 Previous abuse
ECONOMIC  Most common reason for crime.
 Disadvantaged background – welfare
 Poor educational backgrounds
 Some view financial crimes as a form of income
POLITICAL  Offences against the sovereign
 Public order/dangerous behaviour
 Getting a message/ideology across
 Terrorism  using violence to achieve something political.
GENETIC  Physical makeup of a person linked with their likelihood to commit a
THEORY crime.
 Trying to find a DNA marker for criminal tendencies.
 No concrete proof of this theory as of yet.
SELF-  Committing crimes for their own benefit.
INTEREST  E.g. selling drugs, revenge killing, white collar crime
 Self-interest motives for economic crimes are different from
economic factors as the underlying motive is usually greed.

 Investigate a SITUATIONAL SOCIAL

range of Fixing a situation where a crime might happen, Working on the social aspects that cause
situational e.g.: criminal behaviour.
and social
 Making it more difficult e.g.  Improve living conditions.
crime
electronic tags on clothing  Deal with family problems.
prevention
 Increasing risk e.g. CCTV cameras  Get out of unemployment/ poverty.
techniques
 Reducing rewards e.g. stricter laws  Improve education.

EXAMPLES:  Break up ‘bad’ friendship groups.

 Use of surveillance cameras and  Build a sense of community.

security guards in shops
 Steel bollards placed in front of shop
windows and steel shutters
EXAMPLES:
 Education about why laws are
established, how they function, and
  Placing ATMs on the first floor of
shopping centres instead of the ground
floor
 Under the Children (Protection and
Parental Responsibility) Act 1997
(NSW), police can take children home
if they are at risk of committing a
crime.
why certain acts are illegal.
 Providing employment/an adequate
income through social security can
prevent crime because people with
sufficient incomes can obtain what
they need/want without resorting to
crime.

THE CRIMINAL INVESTIGATION PROCESS

 Discuss the Police have three primary powers:
powers of 1. Prevent and deter crime from occurring by maintaining a public presence.
police in the 2. Investigate criminal activities.
criminal 3. Assist in the prosecution of offenders.
process
The main piece of legislation referred to is the Law Enforcement (Powers and Responsibilities) Act
2002, which outlines:

 The power to arrest (section 21)

o A person cannot simply be arrested for questioning.
o Police must either have an arrest warrant, or they must be arresting a person for the
purpose of taking them before a court, based on reasonable grounds.
 Issue cautions and warnings
o This is generally used for smaller offences, such as public order offences.
 Issue infringement notices
o Used only for traffic offences, the police officer can make the motorist pay a fine
to compensate their offence.
 Stop, search and detain
o Confined to situations where police have reasonable grounds to suspect that a
person/vehicle is carrying an illegal article.

Police use their discretion in:

 Reporting a crime.
 Police Investigation
 Who gets arrested.
 What charges are given.

In terms of search and seize, police have the power to:

 Search people, places, cars etc.

 Take evidence
 Investigate suspects
 Search places to investigate crime
 In terms of interrogation:
 Police have the right to ask questions.
 Suspects do not have to answer, however if asked, they need to:
o Show licence
o Give name/address of driver in an accident.
o Give information on drug smuggling.
 Since 1995, confessions made to police that are not electronically recorded are not
admissible as evidence in court.

Electronic surveillance is also an integral aspect of the investigation:

 Police have the power to tap phones if they have a warrant.

 A warrant is not required for hostage/kidnapping cases.
 Public Street Cameras  Helps police monitor communities, detect crime and create safety
in the streets.
Police have certain powers in terms of detention:
 LEPRA allows police to keep a suspect for 4hrs for investigation.
 An application must be made to a magistrate to keep them longer.
 Suspects cannot be kept more than 8hrs without charges being laid.
 Police must decide, because of limited resources:
o Which areas to patrol
o Which crimes to target
o Reports to investigate
 Lack of police resources also effects how thorough the investigation is e.g. letting someone
go with a warning rather than an investigation.
 Examine the REPORTING CRIME
reporting and ASSAULT DOMESTIC VIOLENCE SEXUAL ASSAULT
investigating
 18% didn’t report  Many victims did not  Fear of further
of crime
because incident was report due to cultural attacks
too trivial. barriers and/or  Uncertainty of what
 10% didn’t report gender expectations. happened
because “there was  AROUND 80% OF  Belief it’s ‘normal’
nothing the police DOMESTIC  AROUND 70% OF
could do”. VILENCE CASES SEXUAL ASSAULT
 AROUND 65% OF GO UNREPORTED CASES GO
ASSAULT CASES UNREPORTED
GO UNREPORTED

CrimeStoppers & Neighbourhood Watch

 Designed to create better relationship between the police and the community, allowing
information to be heard anonymously in order to solve various crimes
 Information can be transferred nation-wide.
 The program has been extremely effective and has shown an efficient use of resources.
  It is reported that in 2008, the program resulted in 550 arrests being made, including one
homicide.

INVESTIGATING CRIME

GATHERING EVIDENCE

 Evidence is the main tool used by the prosecution used to convict offenders.
 Physical (clothes, weapons), electronic (photographs, records), or witnesses statements
(things seen and/or heard).

USE OF TECHNOLOGY

 Surveillance technology has assisted in the investigation and prevention of crime, used to
identify criminals.
 DNA is also used for the identification of people, yet there are strict regulations on the use
of this technology, outlines in the Crimes (Forensic Procedures) Act 2000 (NSW).

USE OF SNIFFER DOGS

 The Police Powers (Drug Detection Dogs) Act 2001 (NSW) gives the police the power to
use sniffer dogs
 It is argued that this is a breach of the civil liberties of people  link to reasonable grounds.
 The dogs are used at large events, used to search people for illegal articles, mainly illicit
drugs.

USE OF WARRANTS

 A warrant is written authorisation issued by a judge or magistrate, giving power to the

police to act.
 Search warrants are used to investigate certain areas, or to carry some other purpose, such as
tapping telephone calls.
 Police can enter a premise without a warrant in some circumstances (when they suspect
criminal activity occurring, or domestic violence is occurring).
 Reasonable suspicion does not need to be shown and force may be used.

ARREST, CHARGE, SUMMONS & WARRANTS

ARREST

 Police have no right to detain a person unless the arrest is lawful.

 There are certain conditions for an arrest to be legal:
o At the time of the arrest, the person must know why they are being arrested, and
that they cannot resist  minimum amount of force must be used.
o Police must issue a caution that the person will be asked questions they may refuse
to answer and that their answers will be recorded, which has to be understood by
the arrested individual.

CHARGE

 Police have discretion whether to charge a suspect or let them go with a warning.
  Decision may be influenced by many factors e.g. the offender’s race, family background or
address.

SUMMONS

 In the case of minor matters or summary offences, summons are handed out.
 These may replace arrest.
 It is a legal document which requires a person to attend court, it contains:
o The details of the charge
o Outlines

Background
when and
where the
Probability
Community
of Court charge will
Ties
Appearance
be heard
o Outlines
Employmen Considerations consequences
t Residence
for Bail
of failing to
attend

Nature of Family
Offence Situation
BAIL Prior & REMAND
Criminal
BAIL Record

 Bail refers to the conditional/unconditional release of a person until their case is determined by
the courts.
 Some bail conditions include reporting to the police on a regular basis, forfeiture of
passport, and restrictions on where the accused can go and who they can associate with
(only for conditional bail).
 Bail may be granted by an authorised police officer or by the court. If police refuse bail,
then the decision for bail is given to the courts
 The main basis of bail is the type of crime.

REMAND

 A special type of detention that allows for a person accused of a serious crime to be held for
the period between being charged and facing trial.
 People held on remand are not convicted criminals and it is therefore important that the
amount of time they remain on remand before being tried is as short as possible.

DETENTION, INTERROGATION & RIGHTS OF SUSPECTS

DETENTION & INTERROGATION

 A police officer may detain a person, who is under arrest, for the investigation period
provided for by section 115 in LEPRA.
 The person must be:
a) Released (whether unconditionally or on bail) within the investigation period, or
b) Brought before an authorised officer or court within that period
 Investigation period is generally 4 hours, or extended through a detention warrant
  Police can ask any question they want to, but the individual has the right to silence, meaning
they can also refuse to answer  However, there are some exceptions to this right:
o A driver must produce his or her licence on request
o A person must, if able to, give the name and address of a driver who has been
involved in a motor accident
o A person must give information to a customs officer about drug smuggling.

RIGHTS OF SUSPECTS

 Right to silence
 Right not to be searched, only with a warrant (unless there are reasonable grounds)
 The right to be released from custody if a charge is not made within a reasonable time (the
investigation period, i.e. 4 hours)
 Right for confessions to be free and voluntary.
 Right for a minor to have an independent adult person present during questioning
 Assess the EFFECTIVE INEFFECTIVE
effectiveness  Police have wide powers of arrest of  Camera surveillance, DNA collection, and

of the people who they reasonably suspect of the use of the Computerised Operational

criminal having committed or being about to Policing System (COPS), may be an

investigation commit a crime. unnecessary violation of privacy.

process as a  Police may only use firearms in limited  Crimes are not reported because people

means of circumstances. believe nothing effective will be done to

achieving  People arrested are usually granted bail the offender (esp. in the case of sexual

justice. unless there are good reasons not to do so. assault)

 People generally may not be detained by
police unless arrested and then only for a
limited period.
 The right to silence means that people do
not have to answer police questions in
most circumstances, so they are protected
from giving answers which may harm
themselves or others.
 Generally, accused people can
communicate with a friend, relative or
lawyer.
 Generally, an accused person is given the
opportunity to see a lawyer.
 Generally, evidence that has been obtained
illegally will not be admissible in court.
 Police discretion could be exercised in a
discriminatory manner.
 Police may have too much discretion in
deciding what charge to lay on an arrested
person.
 There is always the chance that an
innocent person is kept in detention for a
significant period if bail is refused.
 Suspected terrorists can be detained
without charge for an indefinite period.
 Some argue that the right to silence only
operates to protect the guilty.
 No absolute right for an accused person to
contact a lawyer.
 Illegally obtained evidence is admissible in
court.
 CRIMINAL TRIAL PROCESS
 Describe the COURT JURISDICTION
role of courts Court Jurisdiction Special Features
in the Local Court  Deals with summary offences.  No jury.
criminal  Committal hearings are held here to
justice determine if prima facie exists.
process  No appellate jurisdiction.
Children’s  Has jurisdiction over almost every  Tries to rehabilitate the

Court offence (except homicide, sexual child offender.

assault, and traffic offences).  Children cannot serve time
 Used by individuals less than 18 y/old. in an adult prison.
 Closed to the public.
Coroner’s  Covers matters where the cause of  Investigations carried out

Court death of a person, or the cause of a by a coroner

fire is unknown.
Drug Court  Court set up to assist and manage
offenders who have a drug addiction.
District Court  All indictable offences except
murder/attempted murder, treason,
sexual assault, and kidnapping.
Supreme Court  Hears the most serious offences.
 Appeals where the magistrate has
made an error in their interpretation of
law.
Court of  Hears appeals from the Local Court
 Determines if a criminal act
has been committed
 Made from the Drug Court
Act 1998 (NSW) and the
Drug Court Regulation
2005 (NSW).
 Presided by judges.
 Jury is present.
 Consists of a Chief Justice
and a bench of justices.
 There is a jury of 12.
 It can only be overruled if

Criminal on questions of law, the District new evidence is found, or

Appeal Court, and single judge decisions in the original acquittal was
the Supreme Court tainted.
Federal Court  Only has jurisdiction over a few

of Australia criminal matters, i.e. those arising

under the Competition and Consumer
Act 2010 (Cth) and breaches of
copyright
High Court  Only has original jurisdiction in  There is no original
constitutional matters criminal jurisdiction
 Highest court of appeal. Those cases  Highest court in Australia
that are appealed to the high court
must:
o Relate to a matter of public
importance.
 o Resolve confusion between
earlier rulings of various
courts.

LEGAL PERSONNEL

MAGISTRA  Presides over the local court

TE  Appointed by the Chief Magistrate
JUDGE/S  Conducts trial according to the rules and principals of law
 Must remain impartial at all times
PROSECUT  Police Prosecutor
OR o Present in the local court
o Specially trained police officers
 Director of Public Prosecution (DPP)
o Crown prosecutors (barristers)
o Helps the court discover the truth, not get a conviction
o Non-political appointment
DEFENCE  Represents the accused, counters the argument of the prosecution, and
casts doubt in the mind of the jury/judge/magistrate.
 Public Defenders Office
o Represents those granted legal aid.
LEGAL AID  Established to ensure that people unable to afford legal representation
have access to a lawyer.
 Funded by the NSW Government.
 LAC offers free legal advice for 15 minutes on any legal issue.
 Assistance beyond this level requires a formal application
o Means – assessment of the person’s ability to afford their own
representation
o Merit – determines the likelihood of the case succeeding
o Jurisdiction – what branch of law the case is classified as
o The means and merit tests are not applied in children’s cases
CLERK  Person who is responsible for the administrative work in a local court.
REGISTRA  Responsible for administrative work in a higher court.
R
TIPSTAFF  Maintains order in the court and administers the oath to witnesses.
JURY  Decides the verdict.
 Discuss the ADVERSARIAL SYSTEM
use of the  Two parties oppose one another, where the case is presided over by an impartial,
adversary independent third party.
system as a
 Strict rules of evidence admissibility.
means of
 Each side presents witnesses and evidence to argue their side.
achieving
 Each side tests the evidence of the other side through cross examination.
justice.
 CRITICISMS

 Witnesses can be subjected to intense scrutiny – it can be especially difficult for victims.
 Ability of the lawyer to argue and persuade a jury is more important than the actual
evidence and facts of the case; the person with the better lawyer has an advantage.
 It has institutional inequality:
o Slow process
o Costly process
o Formality can be a problem

 Examine the CHARGES, PLEAS & CHARGE NEGOTIATION

role of legal CHARGES
representatio
 A charge is a form of accusation against a person.
n in the
 It does not imply guilt; the courts will determine this.
criminal trial
 Charges can be handed out by police, or other law enforcement agencies (e.g. Australian
Customs, Border Protection Service).

THE PLEA

 The plea is the accused’s stance on his or her guilt

 Guilty Plea: The case will be dealt with quickly; there is no question about the defendant’s
guilt. Therefore, sentencing is the only thing to take place
 Not Guilty Plea: The guilt is not assured, and the case must go to trial to determine it.
Evidence and witnesses will be needed
 No plea: Taken to mean ‘not guilty’

CHARGE NEGOTIATION

 This refers to the negotiation of charges between the defence and the prosecution.
 It is used to get the accused to plead guilty to an offence.
 Plea bargaining can occur in many different ways:
 If the accused is facing several charges, the more minor charges may be dropped if the
defendant pleads guilty.
o Judges may admit that there will be a likely guilty verdict, therefore the accused
should just plead guilty
o The charge may be reduced to a lesser charged if the accused pleads guilty (e.g.
from murder to manslaughter)

BURDEN & STANDARD OF PROOF

Definition In a Criminal Trial

Burden of The person who proves that the accused committed The prosecution
Proof the crime. They are responsible for proving guilt.
Standard of To what standard of proof shows that the accused is Beyond reasonable
Proof guilty; to what level of responsibility must be proven doubt
to be guilty.
 USE OF EVIDENCE

 Evidence is a crucial component of a criminal trial.

 It can be physical evidence, electronic evidence, circumstantial evidence, and witnesses
 A key function of the judge is to decide on the relevance of evidence
 The judge will refer to the Evidence Act 1995 (NSW), which outlines the way evidence must
be obtained in order to be used in court.
 Witnesses must be ‘sworn in’ to testify in a courtroom
 Witnesses can be called to give statements to the police, or verbal evidence attesting to what
they head, saw or experience.
 Witnesses will be examined and cross-examined on any statement.
 When a trial is prolonged, a witnesses’ recollection of events can be an issue, as evidence
may be lost

 Assess the use COMPLETE DEFENCES

of defences to  Mental Illness
criminal
o The defence must prove that the accused was mentally unstable at the time of the
charges in
act; therefore they did not have the proper mens rea.
achieving
o The offender is not released, but put under supervision in a mental health institute.
justice
 Self Defence
o Makes provision for people to defend themselves, but states that they may not use
greater force than is reasonably necessary.
o Excuses the defendant from the crime, as it would have been necessary for them to
stay alive.
 Compulsion – Necessity
o Necessity is available where the circumstances induce the accused to break the law
to avoid even worse consequences.
o Therefore, breaking the law is a better outcome than not breaking the law
 Compulsion – Duress
o When the accused claims that they were forced to act due to threats of death or
serious injury to themselves, or other people.
o This defence is not available in NSW for those committing murder in the first
degree, though people who assisted in the crime may use this defence.
 Consent
o This defence is used most commonly in sexual assault cases.
o The prosecution must prove there was a lack of consent in the case.
o Consent is unsubstantial if given from a child, or people under the influence of
drugs or alcohol

PARTIAL DEFENCES

 Provocation
 o The activity of one person that causes another person to lose control of their
actions.
o Must be shown the victim provoked the accused’s criminal behaviour.
 Substantial Impairment of Responsibility
o Exists when a person suffers from an abnormality of the mind that impairs their
mental responsibility
o Easier to prove than insanity, as the mental disorder can be less severe (e.g.
intoxication, drugs etc)

 Evaluate the Advantages of a Jury Disadvantages of a Jury

effectiveness  More reliable than a single judge because  Juries may be inclined to be more

of the jury it draws strength and credibility from emotional than judges.

system in the numbers.  May not understand court proceedings or

criminal trial  However, the integrity of the decision may
be undermined by the ‘eleven to one’
majority verdicts.
 Ordinary people are involved in the trial
process, so the community is confident
that the system is operating fairly.
 Current values and community standards
are applied.
 Trial by jury is a fundamental right which
protects the individual from abuses of state
power.
 Assess the EFFECTIVE
effectiveness  Local Courts mean that minor offences can
technical evidence.
 Juries may be easily swayed by clever
barristers.
 Trial by jury is more expensive and time-
consuming.
 Because of exemptions, juries may not be
really representative of the community.
 Juries may be influenced by the media.
 The availability of majority verdicts means
that an accused person may be found guilty
even when one person has a reasonable
doubt as to his or her guilt.
INEFFECTIVE
 Charge negotiation puts pressure on the

of the be heard locally, quickly, and relatively accused to plead guilty to something he or

criminal trial cheaply. she may not be found guilty of in a court

process as a  The Drug Court of NSW aims to reduce hearing.

means of drug related crime and drug addiction.  With charge negotiation the accused may

achieving  The system of appeals helps ensure get a lighter sentence than he or she really

justice minimisation of the effects of wrong deserves.

decisions.
 Charge negotiation saves the victim/other
witnesses from the ordeal of giving
evidence and being cross-examined.
 Charge negotiation is efficient, quick and
inexpensive.
 The right to legal representation in serious
cases has been established.
 Public Defenders means that those accused
of serious offences are adequately
 There is no general right to legal
representation in Australia.
 Many people who do not meet the means
test still have great difficulty paying for
legal assistance.
 Controversy about whether the defences of
self-defence, consent, and provocation
achieve justice.
 Majority criminal verdicts may lessen the
achievement of justice in criminal trials
 represented.  The limitation of the jury system in the
 The presumption of innocence, the achievement of justice
standard of proof, the burden of proof.  The time taken between arrest and the end
 Arguments for the use and application of of the trial process can be over a year long.
individual offences.  Particular concern if the alleged offender is
 The introduction of majority verdicts may kept on remand during this period and then
increase the efficiency of the court process found not guilty.
 The benefits of the jury system.
SENTENCING AND PUNISHMENT
 Discuss STATUTORY & JUDICIAL GUIDELINES
factors JUDICIAL STATUTORY
affecting
 A judicial guideline is to reduce  The Criminal Procedure Amendment
sentencing
inconsistency in the judgements of (Sentencing Guidelines) Act 1998
decisions,
trials (NSW):
including the
 The intention is to ensure that cases o Gives statutory force to the
purposes of
are treated alike i.e. the rule of courts issuing guideline
punishment
precedence is upheld judgements in NSW
and the role
 Crimes (Sentencing Procedure)
of the victim
Amendment Act 2001 (NSW):
o Gave the Court of Criminal
Appeal the power to issue
sentencing guidelines
o Made earlier, state-issued
guidelines valid
o Sets out general guidelines
for the courts to use in
sentencing offenders
o The degree of weight place
on aggravating and
mitigating factors will be
determined by each
individual case

PURPOSES OF PUNISHMENT

REHABILITATION

 Deals with the issues and problems of criminals in a more sympathetic way by identifying
the cause of offending and addressing these issues
 Reduces recidivism (re-offending)
 Evidence suggests this is effective in relation to minor offences
 Education and employment are the most efficient ways of rehab
 More effective while not in prison
 Most serious offenders are too hardened to respond to rehab programs
  Harsh environment of prison is not conducive to effective rehab
 Requires the cooperation of the criminal
 Difficult to tell when the offender is “cured”, and if they should be released when they are
better
 Rehab programs not offered to non-offending citizens

DETERRENCE

 General deterrence: makes an example of the criminal to deter others from committing the
crime
 Specific deterrence: aims to deter the criminal who is being charged from committing the
crime
 Some ways of deterrence more effective than others, yet may not be as ethical (for example,
death penalties)

RETRIBUTION

 Based on the view that it is unfair for a person to gain from their crimes
 Natural for the victim to want revenge
 Punishment seeks retribution on behalf of the victim
 Role is taken by courts, meaning the victim/family can feel marginalised by the justice
system

INCAPACITATION

 Stops criminals from committing further crimes by imprisoning them

 Direct way of protecting society
 It is an admission that the prison system cannot effectively rehabilitate offenders

FACTORS AFFECTING A SENTENCING DECISION

Aggravating Circumstances Mitigating Circumstances Other Factors

 The victim was a public
officer/worker carrying
out their duties
 Use of, or the threat of
harmful violence
 Previous criminal record
 Use of gratuitous
violence
 Substantial emotional
harm towards the victim
 It was a hate crime (i.e.
based on race, gender,
sexuality, disability, etc)
 There was an abuse of
trust or authority
 The victim was
 The damage was not
substantial
 The offender was provoked
 It was an act of duress
 No previous criminal record
 Offender has a good
character
 Unlikely to reoffend
 Wishes to rehabilitate
 Accused is remorseful
 The offender was unaware
of the crime/circumstances
of what they did; they were
unable to understand (e.g.
due to age or disability)
 Guideline sentences that
should be followed
 The prescribed
maximum and minimum
penalty given under the
relevant Act
 The existence of
precedent
 The plea, if guilty, when
it was admitted, and how
much remorse is being
demonstrated
 Any charge negotiation
 Any prior offences and
sentences, particularly
those with similar
 vulnerable (i.e. child,
disabled, elderly, etc)
 Plea of guilt matters
 Gave assistance to law  Any mental illness or
enforcement authorities disorder
 The community’s
expectations in regard to
the offence

ROLE OF THE VICTIM

A victim impact statement is a written statement provided to the court at the sentencing hearing by
the victim (or the victim’s family) outlining how they have been affected by the crime.

 Allows the judge to understand how the victim’s life has changed after the offence.
 Is often the only opportunity for the victim to be involved in the case.
 Evaluate the APPEALS
effectiveness
Appeal against Conviction Appeal against Sentence
of different
types of Either by the defendant if they By the defendant if they believe
are wrongly found guilty, or their sentence is too harsh -
penalties, sometimes the prosecution can sometimes can backfire and will
appeal a not guilty verdict. result in a harsher sentence.
including
diversionary
programs
 Appeals are technical questions of law not heard by a jury.
 Defendants can appeal on the grounds of:
o An error of law (for example, false evidence, perjury in the trial, tainted evidence)
o The sentence/punishment was too severe
 The prosecution has no right to appeal an acquittal but can appeal on the basis that a
sentence is not harsh enough.
 The Crimes (Appeal and Review) Amendment Act 2006 (NSW) was made to change that in
the case of a very serious crime, an acquittal can be quashed if there is fresh evidence or the
acquittal was tainted.
 The appeal court considers:
o If the court had the power to impose the particular sentence
o Any errors of fact or law in imposing the sentence
 The appeal court will only interfere if there has been a clear error, such as:
o Considering irrelevant facts
o Not considering relevant facts
o Incorrectly directing the jury

TYPES OF PENALTIES
 Penalty Explanation Advantages Disadvantages
No Charges dismissed  Inexpensive  Does not rehabilitate

Conviction and thus a conviction  Good for minor  May not seem suitably
Recorded
 Assesswill
the not be ALTERNATIVE
recorded. offences retributive
METHODS OF SENTENCING
roles of  Specific deterrent
CIRCLE SENTENCING RESTORATIVE JUSTICE
Formal
Caution alternative warning used  Inexpensive  Does not rehabilitate
 This is an alternative court for  This involves bringing together the
for less serious  Appropriate for  May not seem suitably
methods of
sentencing indigenous Australians offender and the victim, offering a
offences as a way to minor offences retributive
sentencing
 It is designed for repeat offender and chance to take responsibility for their
avoid the court
 serious
more May act as a
cases  May not deter. actions and an opportunity to be
system.
specific deterrent confronted. It can be confronting and
 The process is based on Aboriginal
Fine Monetary penalty  Inexpensive  May no deter
customary law, and is a form of a difficult, but it overall is voluntary
imposed on an  Appropriate for  May disadvantage
diversionary program  Many victims report to the helpfulness
offender usually for minor offences poorer offenders
 It involves a circle of community of restorative justice in the recovery
less serious crimes.
 Flexible
members  Does not rehabilitate
and a magistrate to discuss from a crime. The effectiveness is
Suspended In place of  Inexpensive  Offender has
the offender’s crime and tailor the unclear, but youth conferencing
imprisonment on  Can rehabilitate the opportunity to reoffend
Sentence most appropriate sentence initiatives show 15-20% decrease in
condition that the offender.  May not deter.
 It involves local Aboriginal people in recidivism
offender enters into a
 toSuitable
order for less
make it more  Difficult to supervise
meaningful
good behaviour
seriousalso
 The programs offences.
aims to improveconditions imposed on
bond.
the understanding between Aboriginalthe offender, unless the

communities and the courts Parole Authority is

The court requires a
involved.
 Examine the SECURITY CLASSIFICATION
defendant to enter
implications
Probation into a bondOffenders
to be will be classified according to factors such as the seriousness of the crime, their
of post-
supervised.prospects for rehabilitation, and whether or not they have displayed good behaviour during
Criminal sentencing
A notice that  Occurs at the time
allowssentences.
previous  May not be effective as
consideration
police to give on-the- of the offence a deterrent
Infringement 1. MAXIMUM: Offenders who committed the most serious crimes and whose escape could be
Notice s in achieving
spot fines for certain  Inexpensive  May not be suitably
highly dangerous to society.
justiceoffences. retributive
 Saves
2. MEDIUM: police
Inmates and
can move around more freely, but within high walls.
3. courtFewer
MINIMUM: time. barriers to escape and inmates are allowed more open conditions.
Community For less serious  Inexpensive  May not deter
offences  involves  Assists the general  Offender has
Service order
supervised work in community opportunity to reoffend
the community for up
 Suitably retributive  May not rehabilitate
to 500 hours.
PROTECTIVE CUSTODY offender
Periodic A form of  Less costly than  May not deter

imprisonment that This is provided in NSW to offenders who are vulnerable to attack from other prisoners
Detention imprisonment  Offender has
 Correctional facilities have a duty of care for their prisoners, and so they must protect
allows the offender  Allows offenders to opportunity to reoffend
to serve a certain offender from the risk of physical violence
continue with
amount of time  This condition is mainly for offenders who are police officers, politicians, child sex
education or
weekly. offenders, and prisoners with a mental illness
employment
Home Allows the offender  Appropriate for  Only available in city
to serve the sentence those convicted of courts
Detention PAROLE
under house arrest. non-violent crime.  May not rehabilitate
 Parole refers to the conditional release of a prisoner from custody after the completion of
 Decreases prison
the minimum term of the sentence.
population.
Imprisonment Most severe penalty  Incapacitates  May have a negative
 restricts liberty prisoners so they effect on the offender’s
and removes offender
 from community.  A serious  Imposes hardship on
punishment suitable the family of the
for serious crimes offender.
 It provides the offender with an incentive for rehabilitation through the prospect of early
 May not deter or
release.
rehabilitate.
 It improves the likelihood of overall reform.
 Very costly (costs over
 A parole officer will supervise those let go on parole – additional conditions may also be
$50000 to keep a
applied.
prisoner in jail for one
year)
Court program set up  Can rehabilitate the  Offender has the
Diversionary PREVENTATIVE & CONTINUED DETENTION
to divert offender offender opportunity to reoffend
Programs
 Preventative detention is aimed at offenders whose history indicates that they have
away from traditional  Relatively  May not deter
criminal process in entrenched criminal behaviours, particularly cases with violent and sexual offences
inexpensive
the hope of  This involves imprisonment of a person for some type of future harm they may commit
 There are two types:
rehabilitation and
discouragement of o Post-sentence preventative detention: occurs when a person has already been

recidivism. sentenced and has served that sentence

o Preventative detention without charge: occurs at any time
 Legislation related to this is said to be unconstitutional, for example in the High Court Case
of Kable v DPP (1996) 189 CLR 51, as it oversteps the separation of powers
 New South Wales has post-sentence preventative detention under the Crimes (Serious Sex
Offenders) Act 2006 (NSW) that allows continued detention of offenders

SEX OFFENDERS REGISTRATION

 Serious sex offenders’ names are placed on a register with access by the police
 This was established under the Child Protection (Offenders Registration) Act 2000 (NSW)
 These registers are justified on the basis of the protection of the community. However, the
registries are sometimes contentious as they target certain offenders long beyond the period
of the sentence, and deny the chance for the offender to rehabilitate

DEPORTATION

 Non-citizens who will serve a sentence of 12 months or more, and have been a resident in
Australia for less than 10 years automatically fail the character test in the Migration Act
1958 (Cth)

 Evaluate the EFFECTIVE INEFFECTIVE

effectiveness  Limits are placed on a judge’s discretion  Some people feel the judges still have too

of sentencing when sentencing, and this ensure much discretion when sentencing.

and sentencing consistency.  Mandatory sentencing does not allow a

punishment as  There is very limited mandatory judge or magistrate to consider the

a means of sentencing in NSW. circumstances.

achieving  Consideration of many factors helps  Many punishments do not seem to deter.

justice ensure that penalties are appropriate for  Rehabilitation programs for some
each individual offence. offenders may result in inconsistency in
 Advantages of victim impact statements. sentencing.
  Sentencing appeals allow higher courts to  It may not always be in the best interests of
supervise the exercise of sentencing the victim to give a victim impact
discretion. statement.
 The advantages of various types of  Reoffending rates are still high
penalties.  Youth justice conferencing does little to
 Circle sentencing gives support to address the causes of youth crime.
Aboriginal offenders.  Deportation can cause hardship for the
 Youth justice conferencing allows the offender’s family.
offender and the victim to meet to work
out the solution – high chance of
rehabilitation.
 Protective custody protects the prisoner
from harm.
 Preventative detention and continued
detention protect the community from
possible harm.
 Sexual offenders’ registration monitors
such offenders.
YOUNG OFFENDERS
 Discuss the AGE OF CRIMINAL RESPONSIBILITY
issues  Children are subjected to the same criminal law as adults, but treated differently
surrounding
 Every effort is made to provide the young person the opportunity to rehabilitate
the age of
 In NSW, a child under the age of ten is regarded too young to form criminal intent (mens
criminal
rea).
responsibility
 This is referred to as doli incapax.
 This legal principle is outlined in the Children (Criminal Proceedings) Act 1987 (NSW),
which protects children by:
 Prohibiting the reporting of the child’s name
 Requiring that any convictions will be cleared after 3 years.
 Holding the matter in the children’s court.

0-9 years old Cannot be charged with a criminal offence.

10-13 years Rebuttable presumption of doli incapax – prosecution can prove that the child
old was capable.
14-15 years Criminally responsible for any offence committed – capable of having doli
old incapax. No conviction can be recorded unless it is a serious offence.
16-17 years Criminally responsible for any offence committed and a conviction may be
old recorded, but the case will be heard in the Children’s court.
18 years and Full adult criminal responsibility, with case to be heard in an adult court. If the
older offence was committed before the accused’s 18th birthday, it can still be heard in
the children’s court until the accused turns 21.

ISSUES SURROUNDING THE AGE OF CRIMINAL RESPONSIBILITY

  Doli incapax is old-fashioned and doesn’t hold true for modern children.
 It is argued that it is the child’s social and family environment which influences their
understanding of right and wrong – not school.
 Modern children are more sophisticated, having a greater understanding of the world
because of technology.
 There deserves to be some sort of punishment for the perpetrator, even if it is a child.
 Others argue that adults are acquitted if it found through a defence, they did not have any
mens rea, so it is inconsistent to treat children more harshly.

 Explain why RIGHTS OF CHILDREN WHEN QUESTIONED/ARRESTED

young Most of these are contained in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).
offenders are
 A parent or guardian must be notified if a child is taken into custody by police.
treated
 Children have the right to have an independent adult as a support person present during any
differently in
police procedure, such as an interview or search.
the criminal
 Any statements taken from a person under 18 years of age is inadmissible in court unless
justice system
there was an independent adult present.
 The powers of search and seizure are the same for adults and children, except a child under
ten may not be strip searched and a support person must be present for a strip search of an
older child.

WHY ARE CHILDREN TREATED DIFFERENTLY?

 Young offenders are more likely to be intimidated by court procedures.

 They do not always understand the consequences of their actions.
 They have greater chance of resuming normal life and becoming worthwhile citizens.

YOUNG OFFENDERS ACT 1997 (NSW)

 Aims to provide alternatives to court proceedings and is designed to foster restorative

justice and the
 Under the act, police may issue warnings, cautions and arrange youth justice conferences
 Affirms the rights of victims and tries to empower them through involvement in the system.
Aims to improve accessibility by reducing the time and cost involved in dealing with
juvenile justice issues
 Also reduces the number of children being kept in detention centres

CHILDREN’S COURT

 This is a specialist court established in 1987 under the Children’s Court Act 1987 (NSW). It
has a dual role:
o Dealing with criminal matters of children and young people under 18
o Dealing with matters of care and protection of children referred to it by Family and
Community Services (FACS)
o Follows its own procedures, aiming to be less intimidating as there is less formality
 Courts can hear the following matters:
 o Any offence other than a serious indictable offence (which are held in a higher
court)
 Section 6 of the Children (Criminal Proceedings) Act 1987 implies that:
 Children have rights equal to adults
 Children are responsible for their actions but require assistance and guidance
 Where possible, the education of a child should continue without interruption
 A child should be able to reside in their home
 Children’s proceedings are conducted in a closed court. The media may attend, but cannot
publish the identity of any children
 Proceedings need to reflect articles listed under the Convention on the Rights of a Child
(CROC)

SENTENCING

 For children, the main purpose is for rehabilitation.

 Sentencing guidelines in NSW include:
o Every child has the opportunity to participate in proceedings, and they must
understand the rulings.
o Consideration must be given to the child’s dependency on others and their
immaturity.
o The child should be assisted with reintegration into the community.
o Penalty imposed should not be greater than the penalty that would be applied to an
adult.

PENALTIES FOR CHILDREN

 Dismissal: dismiss the charge without punishment or conviction but may decide to issue a
caution.
 Conviction: the court can decide whether to record a conviction. If they are under 16, no
conviction can be recorded.
 Adjournment: the sentencing can be adjourned for up to 12 months to assess the child’s
prospect of rehabilitation and reconsider a later date.
 Bond: release the child on a good behaviour bond for up to a maximum of 2 years. This can
be combined with a fine
 Youth Justice Conferencing: release subject to the child complying with a YJC outcome
plan
 Fine: anything up to 10 penalty units ($1000)
 Probation: a bond with a probation order of up to 2 years overseen by an officer of NSW
Juvenile Justice
 Community Service Order: under 16 years the max is 100 hours, those over 16 years can
have a max of 250 hours
 Suspended Control Order: similar to a suspended sentence, a control order can be
suspended for up to 2 years subject to good behaviour
 Control Order: most severe penalty, similar to imprisonment except involves detention in
 a juvenile justice centre. Children can be sentenced to a maximum of 2 years

ALTERNATIVES TO COURT

WARNING

 The Young Offenders Act allows police to issue on-the-spot warnings to young people for
minor breaches of the law
 The police reflect the values of society by not extending warnings in cases where violence
has occurred

CAUTIONS

 A formal record that a child has breached the law

 Used for more serious offences. Only issued if the offender has admitted to the offence.
These are quicker and easier to administer than a formal charge and they take up less court
time

YOUTH JUSTICE CONFERENCES

 These are used if an offender has committed a crime that warrants a more serious penalty
 Present at the conference are the offender, a parent or guardian, the victim, a supporter for
the victim, and a mediator
 The aim of these conferences is to come up with an agreement, including reparation and an
apology
 If the child does not fulfil the agreement, then court proceedings may be commenced

YOUTH DRUG & ALCOHOL COURT

 Was established under the Children (Criminal Proceedings) Act 1987 (NSW), and is similar
to the Drug Court, except it is for young offenders.
 Allows young offenders the opportunity to rehabilitate before being sentenced.
 A program lasts six months and involves supervision by the court.

INTENSIVE PROGRAM UNITS, MENTOR PROGRAMS & COMMUNITY SERVICES

 These options are imposed as a condition of probation or early release.

 Intensive program units provide counselling to serious offenders, or to those with
psychological problems.
 Mentor programs are for ATSI children or children from a non-English speaking
background.
 They provide these offenders with a trained older person to assist in their rehabilitation and
avoid recidivism
 The community services are provided by the Department of Juvenile Justice, where the
prime focus is for intervention. Their services include:
o Assessment reports to assist courts to determine suitable penalties and rehab
strategies
o Supervision of juvenile offenders on bonds, probation, parole orders, or
community service
o Support for young people seeking bail and those held on remand
 o Provision of programs that try to remedy or reduce risk factors leading to juvenile
crime
o Provisions of specialised programs including the Sex Offender Program and
Violent Offender Program
o Casework management and networking with government and community-based
organisations to provide support services
o Finding accommodation
o Placing offenders in special programs to develop employment skills or modify
behaviour
 Assess the EFFECTIVE INEFFECTIVE
effectiveness  The law regarding the age of criminal  Some argue that the age of criminal

of the responsibility is effective because children responsibility is too high and that

criminal do not have the mens rea to commit a consequently children are excused from

justice system crime. crimes for which they should be found

when dealing  Children are given greater protection by guilty

with young the law at every stage of the criminal  Some laws regarding police enforcement

offenders justice process because they are more may have an unfair impact on children
vulnerable.  Some see sentencing alternatives available
 Children are given greater protection than to the Children’s Court and diversionary
adults when questioned or arrested by the programs as soft options which only
police. encourage young offenders to reoffend
 Children’s Court proceedings are designed  While YJC seems to have reduced the rates
to protect children who are charged with a of young people reoffending, rates of
criminal offence. reoffending are still high
 Principles which apply to sentencing  YJC does little to address the causes of
young offenders help ensure they are not youth crime
treated as harshly as adults
 Separate detention centres for children
protects them from the negative impacts of
adult criminals.
 Children’s Court and diversionary
programs may assist in rehabilitating
young offenders.
 YJC allows the offender and the victim to
reconcile and compensate for the
offender’s wrongdoing.
 Programs such as intensive program units
and mentor programs prevent recidivism
INTERNATIONAL CRIME
 Define CATEGORIES OF INTERNATIONAL CRIME
international CRIMES AGAINST THE INTERNATIONAL COMMUNITY
crime
GENOCID  The deliberate extermination of  Holocaust
E a national, ethnic, racial or  Genocide in Rwanda 1994 
 religious group. 500,000 to 1,000,000
 Deemed an international crime Rwandans killed.
after the Holocaust.
CRIMES  An act committed as part of a  Indirect = speeches by leader,
AGAINST widespread or systematic propaganda.
PEACE attack directed against any  Direct = large scale violence.
AND civilian population.
HUMANIT
Y
WAR  Action carried out during a  Nuremburg Trials
CRIMES time of war that violates
accepted international rules of
war.

TRANSNATIONAL CRIME

MONEY  Concealing the origins of  2013 – Liberty Reserve seized

LAUNDERIN money obtained illegally by by US Gov for laundering $6
G passing through complex million.
transfers and transactions.
 Large financial cost, worth
billions, can fund further
criminal activity.
PEOPLE  Commercial trade of human  BBC – “Human Trafficking:

SMUGGLING beings for the purpose of 150 child slave victims

slavery (e.g. sex slavery).
 Against fundamental human
rights.
DRUG  Global black market
SMUGGLING dedicated to the cultivation,
manufacture, sale and
transportation of drugs.
 Creates widespread harm.
PORNOGRAP  Creation and trafficking of
HY child pornography.
TERRORISM  Unlawful use of violence
and intimidation in the
pursuit of political gain.
 Unprovoked and radical
ideas.
PIRACY  The practice of attacking
and robbing ships at sea.
identified.” – running a sex
ring in Wales.
 Bali 9 – Australians attempt to
smuggle 8.3kg of heroin out
of Indonesia.
 Wonderland Child
Pornography Club (1998) –
42,000 paedophilic images
transferred across US & UK.
 Bali Bombings – Radical
Islamic attack killed 202 and
injured 209.
 Somalian Pirates – Criminal
violence and threats to
  Can occur outside areas of shipping in the Gulf of Aden
jurisdiction. and Somali Sea.

 Describe the INTERNATIONAL MEASURES

various DESCRIPTION EFFECTIVE INEFFECTIVE
measures INTERNATIO  Formal legal  Written down.  Not all
used to deal NAL documents e.g.  Developed by countries
with INSTRUMENT treaties and international sign/ratify.
international S conventions. bodies.  Hard to
crime
 E.g. Rome  Encourages enforce.
Statute (1998) cooperation.  Limited by
 established state
the ICC. sovereignty.
CUSTOMARY  Procedures and  Generally  Different
INTERNATIO principles accepted countries have
NAL LAW established over globally. different
time. customs.
 E.g. genocide is 
outlawed by this.
INTERNATIO  Judicial organ of  Platform for  Countries can
NAL COURT the United issues/disputes ignore rulings.
OF JUSTICE Nations. to be heard.  Hasn’t heard
(ICJ)  Hears cases many cases.
between nations  Very little
not individuals. power of
 Issues advisory enforcement.
opinions.
SPECIALIST  Before  Using the legal  Infrequent and
CRIMINAL establishment of system to rare.
TRIBUNAL the ICC, crimes create justice.  Lack of
were dealt with  Can prosecute convictions
at a domestic individuals. and trials.
level.  Int. Criminal  Not
 Various ad hoc Tribunal for preventative.
tribunals have Yugoslavia –  Serious
been established 260 crimes still
over time. prosecutions. occur e.g.
 E.g. Int. genocide.
Criminal  Expensive.
Tribunal for the
former
Yugoslavia
(1993), Int.
Criminal
Tribunal
Rwanda (1994)
INTERNATIO  Est. 2002 and is  Over 110  USA has not
NAL the world’s first parties have ratified the
CRIMINAL non-conflict agreed to Rome Statute.
COURT (ICC) specific tribunal. Rome Statute  Not
 Est. by the Rome + ICC. preventative.
Statute.  Symbolically  No
 Permanent powerful – international
international international police force to
court. message. catch
 Most serious int.  Can act as a offenders.
crimes e.g. deterrent.  Large cost of
genocide, war investigation
crimes. and
 Court of last prosecutions.
resort.  Can only hear
cases after
2002.
SANCTIONS  Action taken by  Can force  Can harm
the international states into other states.
community following  Can harm
against a state international civilians.
that has broken law.  Makes harder
international for state to
law. comply.
 Can be political,  Doesn’t fix
economic or the issue.
physical.
EXTRADITIO  A person is  Australia has  Offences in
N taken to another 130 extradition one country
state because agreements. may not be an
they have  Extradition offence in
committed a Act 1988. another.
crime in the  Needs a
latter state. treaty.
 Ensures that an  Relies on
offender cannot cooperation.
flee jurisdiction.
 E.g. Treaty on
Extradition
between
Australia and the
US 1974.
COOPERATIO  Cooperation  Led to arrest  Infrequent.
N BETWEEN between law and charge of  Doesn’t deter.
NATIONS enforcement come  Countries may
agencies. transnational not want
criminals. assistance
 E.g. Bali from others.
bombings.

DOMESTIC MEASURES

CRIMES  Most significant recent development  the signing and ratification

AGAINST THE of the Rome Statute (1998).
INTERNATIONA  Following the Rome Statute, Australia legislated to criminalise
L COMMUNITY those outlined in the statute, such as the War Crimes Act 1945, and
the Geneva Conventions Act 1957.
 The Australian government also passed the following after ratifying
the Rome Statute.
o International Criminal Court Act 2002 (Cth)
o International Criminal Court (Consequential Amendments)
Act 2002
 Legislation also introduced a new chapter to the Commonwealth
Criminal Code  Chapter 8: Offences against Humanity and
Related Offences.
 Consequentially, any crime against the international community
outlawed in the Rome Statute is also a crime in Australia 
increased enforceability.
 Under legislation, the Attorney-General must report annually on the
operations of the ICC and any impact it has on the Australian legal
system.
TRANSNATION AUSTRALIAN FEDERAL POLICE (AFP)
AL CRIME
 Established under the Australian Federal Police Act 1979 (Cth).
 Purpose is to uphold Commonwealth criminal law and to guard
Australia’s interests from crime in Australia and overseas.
 Their role has grown considerably in recent years due to increase in
transnational crimes.
 Has posts in more than 25 countries.
 Their role is concerned with international capacity building,
monitoring and peacekeeping, and specialist training for
international law enforcement agencies to help prevent
transnational crimes at the source and encourage international
cooperation.
 Some of their international operations include child protection,
counter-terrorism and stopping human and drug trafficking
operations.
 E.g. the Jakarta Regional Cooperation Team helped Indonesian
police investigate and arrest the Bali Bombing suspects.
 The AFP continues to develop relations with other regional bodies
such as the Southeast Asian Regional Centre for Counter-
Terrorism and the International Law Enforcement Agency in
Bangkok.

COMMONWEALTH ATTORNEY-GENERAL’S DEPARTMENT

 Reports and provides valuable advice on Australia’s compliance

with its international obligations.
 Also oversees the operation of legislation relating to transnational
crimes and provides advice on its implementation.
 Also provides general information to the public and to parliament
on the status of Australia’s efforts against transnational crime.

AUSTRALIAN CRIMINAL INTELLIGENCE COMMISSION (ACIC)

 The Australian Crime Commission Act 2002 (Cth) established a

national statutory body, the Australian Crime Commission (ACC)
to combat serious and organised crime.
 In July 2016, this body merged with CrimTrac to become ACIC.
 Investigates matters of national concern, and in coordination with
other international law enforcement agencies.
 Delivers specialist law enforcement capabilities to assist in
investigating and analysing intelligence concerning national and
transnational crimes.
 The role of the agency includes reducing serious and organised
crime threats of most harm to Australians and the national interest
and providing national policing information systems and services.
AUSTRALIAN BORDER FORCE

 A national agency that looks after the security and integrity of

Australian borders.
 Works closely with other government and international agencies to
prevent illegal transfer of goods or people across Australia’s
borders.

AUSTRALIAN HIGH TECH CRIME CENTRE

 Creates in 2002 to coordinate all Australian law enforcement

authorities in fighting serious types of crime that involve the use of
technology.
 Its main functions are:
o Coordinating a national approach to serious, complex and
multi-jurisdictional crimes.
o Assisting all Australian jurisdiction in their ability to deal
with high tech crime.
 Has representatives from every Australian jurisdiction and is
funded by all states and territories.