LLB 130 Lecture Notes - Lecture 12: 2004 Palm Island Death In Custody, Mr Ward, Portal Vein
Document Summary
Criminal process i: the process as punishment & bail. The process as punishment: traditionally clear distinction between pre-trial processes (seen as investigatory or administrative) and the trial which adjudicates guilt only after which is punishment administered. Feeley, the process is the punishment(1979)(cb 301): pre-trial or other processes prior to dete(cid:396)(cid:373)i(cid:374)atio(cid:374) of guilt a(cid:396)e fo(cid:396)(cid:373)s of (cid:858)pu(cid:374)ish(cid:373)e(cid:374)t(cid:859) a(cid:374)d the(cid:455) precede formal legal adjudication of guilt. Arrest (s 99) & detaining for questioning - Certain times disregarded in calculating investigation period: s 117. Detention warrant can extend investigation period beyond the 6 hrs (s 118(1)); by warrant extend period up to 6hrs (s 118(3)) Police custody most common situation where injuries/death. Most deaths in custody happen when with police, not prison. (cid:858)a majority of aboriginal deaths in custody in the years 1980 to 1988 (60% in fact) occurred not in prisons, but in police custody.
