LLB 130 Lecture Notes - Lecture 13: Indictable Offence, Owen Dixon, Procedural Justice
Document Summary
How criminal law is apprehended is dependent on a complex range of historical, economic, political, ideological, cultural, moral and social forces, dependent on the ways knowledge about crime is produced within various institutions and networks of power relations. The two-tiers: summary (lower courts) and indictable jurisdictions (higher. Irony: higher courts only account for 3% of cases and many of the statutory construction questions raised by summary matters are highly complicated: due process is often ignored in the lower courts because it is unnecessary. The offences and the punishments for them are too trivial: the "nicities of law" are often not relevant in the lower courts. The process as punishment malcolm feely 1979. Arrest, remand, awaiting in prison for the court date pre-condition for punishment - not upholdi(cid:374)g the (cid:858)presu(cid:373)ptio(cid:374) of i(cid:374)(cid:374)o(cid:272)e(cid:374)(cid:272)e(cid:859) (cid:862)higher(cid:863) (cid:272)ri(cid:373)i(cid:374)al (cid:272)ourts(cid:863) serious indictable matters: court of criminal appeal, supreme court, district court. Lower criminal courts: local court, childre(cid:374)(cid:859)s, coroners.
