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In common law jurisdictions, legislation does not always exhaustively define the elements of an offence. For example, section 117 of the Crimes Act 1900 (NSW) states that larceny is an indictable offence punishable for five years, but it does not define the meaning of larceny. [1] [Note 2] The offence of larceny remains defined in NSW by the ...
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury (in contrast to a summary offence).
With reasonable grounds, police have the power to require a person to disclose their identity if the person can assist them in investigating alleged indictable offences. [23] There is also an implied power in the common law to verify someone's identity in circumstances where police can request this information. [ 4 ]
Both assault with intent to resist arrest/lawful apprehension and escaping from lawful custody are indictable, the former being so by the mode of trial of the offence, the latter is a common law offence and therefore indictable only. Therefore, these offences—whether fully carried out or merely attempted—are citizen's arrestable in themselves.
The District Court of Queensland (QDC) is the second tier in the court hierarchy of Queensland, Australia. [1] The Court deals with serious criminal offences such as rape, armed robbery and fraud. Juries are used to decide if defendants are guilty or not guilty.
The Crime and Corruption Commission (CCC) is an independent [2] Queensland Government integrity agency created to combat and reduce the incidence of major crime and to continuously improve the integrity of, and to reduce the incidence of misconduct in, the Queensland public sector. [3] Formerly the Crime and Misconduct Commission (CMC) 2002–2014.
A common example of this offence includes being in possession of the chemicals and ingredients required to manufacture a drug. Offences including possession of precursors and certain apparatus for manufacture or production of prohibited drugs fall under Part 2, Division 2 of the Drug Misuse and Trafficking Act 1985 (NSW).
An indictment (/ ɪ n ˈ d aɪ t m ən t / [1] in-DYTE-mənt) is a formal accusation that a person has committed a crime.In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use that of an indictable offence, an offence that requires an indictment.