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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).
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.
Under the criminal law of Australia the Criminal Code Act 1995 (Commonwealth) abolished all common law offences at the federal level. [1] The Australian Capital Territory, the Northern Territory, Queensland, Tasmania and Western Australia have also abolished common law offences, but they still apply in New South Wales, South Australia and Victoria.
[20] [32] Police officers may arrest a person if they suspect, on reasonable grounds, that an offence may be (or has been) committed. [4] Officers must be satisfied that the arrest is reasonably necessary to prevent the commission of another offence, to protect the victims, witnesses and community, and to ensure that the offence is dealt with ...
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 criminal law, a regulatory offence [1] or quasi-criminal offence [2] is a class of crime in which the standard for proving culpability has been lowered so a mens rea (Law Latin for "guilty mind") element is not required. Such offences are used to deter potential offenders from dangerous behaviour rather than to impose punishment for moral ...
Perverting the course of justice is an offence committed when a person prevents justice from being served on themselves or on another party. In England and Wales it is a common law offence, carrying a maximum sentence of life imprisonment. Statutory versions of the offence exist in Australia, Canada, Fiji, Ireland, and New Zealand.
For example, a federal judge may not be removed from office except by the Governor-General upon an address of both Houses of Parliament for proved misbehaviour. [3] Judges in Australia are appointed by the Executive government of the relevant jurisdiction, and most judges have previously practised as a barrister .