LAWS399 Final: Evidence Notes

68 views79 pages

Document Summary

Queensland is a code state and therefore the most criminal offences and some procedure is in the criminal code. Despite being a code state with a great deal of legislation that deals with procedural issues, the common law is still relevant although is most relevant to issues of interpretation and at times the inherent powers of courts. Governs the investigative powers of police, including search, seizure, arrest and the conduct are forensic procedures. The principle function of the regulations is to enact the police responsibilities code 2000 which forms sch 10. Where an officer contravenes either the act or the code the potential consequences include the exclusion of evidence as a result of contravention. Schedule 1 of the act gives continuing recognition to some other statutes which prescribe additional police powers or lowered responsibilities for specific purposes. Where another statute confers the same powers, the codified scheme under the act and regulations should prevail.