Apply cardinal constructs

Assignment semester 1 – 2014

  1. Under the Criminal Law ( Clamping, Impounding and Forfeiture of Vehicles ) Act

Of motor vehicles used by individuals who are alleged to hold committed certain

Offenses such as rummy drive, foolhardy and unsafe drive. The constabulary can

Take a vehicle off for 28 yearss if the individual has been arrested or reported in

Relation to those offenses ( non yet found guilty by a tribunal ) . Given your

Understanding of the regulation of jurisprudence and the separation of powers, do you believe there

Are possible concerns about the constabulary being able to enforce such a punishment

Where a individual has non yet been proven guilty of any offense?

( You should mention to pp13-16 Learner Guide )

  1. Condemnable jurisprudence ( clamping, attaching and fortifying of vehicles ) Act 2007 South Australia references that constabulary can prehend a vehicle from a individual for 28 yearss if that individual has been reported or arrested in relation to an offense even if the victim has non been found guilty of any offense. I believe that constabulary should hold the authorization to prehend a person’s vehicle if they have had studies of offenses committed such as drink drive and unsafe drive because if the individual is allowed to go on to drive, it creates a route jeopardy for other route users. I besides believe that it doesn’t affect or interrupt the separation of powers because the constabulary are protecting the populace by taking he hazard off the route by seizing/impounding the vehicle.

2. ( A ) Define the term ‘statute’ ( the footings ‘legislation’ or ‘Acts’ have the same

Meaning ) . Name two legislative acts that are relevant to patroling. Explain why most

Legislation that is relevant to patroling is South Australian ( province ) statute law instead

Than Commonwealth ( national ) statute law. ( You should mention to pp26-31 Learner

Guide. You will besides happen the Law Handbook on-line helpful:

hypertext transfer protocol: //www.lawhandbook.sa.gov.au/ch27s02s02.php

hypertext transfer protocol: //www.lawhandbook.sa.gov.au/ch27s03.php

  1. A ) The squad stature came from parliament it is a written jurisprudence but can besides be known as statute law or Act of parliament every bit good as it can be a province or commonwealth ( national ) jurisprudence.
  1. 19 AC. Dangerous driving to get away constabulary chase
  2. 19 A. doing decease or injury by usage of vehicle or vas

In my sentiment, most statute law that is relevant to policing is because it was made/ brought of the province parliament because it is designed for South Australian roads/ regulations.

(B ) An of import legal construct that is relevant to patroling is “duty of care” . This

construct has developed through common jurisprudence. What is ‘common law’ ? ( You

should mention to pp45-47 Learner Guide. You will besides happen the Law Handbook

on-line helpful: hypertext transfer protocol: //www.lawhandbook.sa.gov.au/ch27s02s01.php ) .

Bacillus ) Common Law besides known as instance jurisprudence and justice – made jurisprudence is where a similar instance has been through the tribunal leting the justice to look over the Judgess entering and associate them onto his instance at manus.

3. ( a ) In September 2012, John Gardner introduced the Liquor Licensing ( Supply to

Minor leagues ) Amendment Bill 2012 as a private member’s measure. The proposed jurisprudence ( measure )

creates a new offense of providing intoxicant to bush leagues at a private abode

without parental consent. What are the stairss in the legislative procedure that need

to go on for this measure to go jurisprudence in South Australia? Do you believe the measure is

probably to go jurisprudence? ( You should mention to pp34-37 Learner Guide. You should

besides refer to the South Australian Parliament web site:

hypertext transfer protocol: //www.parliament.sa.gov.au/AboutParliament/HowParliamentWorks/TheParli

amentaryProcess/Pages/HowaBillbecomesanActofParliament.aspx

hypertext transfer protocol: //www.parliament.sa.gov.au/AboutParliament/GlossaryOfTerms/Pages/Gloss

aryofTerms.aspx )

3. A ) the stairss for the spirits licencing ( supply to bush leagues ) Amendment measure 2012 as a private measure would necessitate to follow the stairss of parliament which are as followed ‘initiation’ which is where the measure is introduced into parliament but the curate responsible provides transcripts of the measure is circulated. ‘First Reading’ in this session the name of the measure is read out and there is no argument on the measure and they set a day of the month for the following session. ‘Second Reading’ the general rules of the measure are read by the minster who introduced it and there can be a general argument on the measure. ‘Committing stage’ the house formed into a comity to analyze the measure every bit good as to debate the measure can be done by the talker of the house vacating/removing the chair and president of the comity. ‘Third Reading’ at the this phase there is small or no argument on the subject of the measure every bit good as this phase concludes with the readings. It will now be transmitted to the other house of Parliament and follow the same stairss as it followed in the house that it originated from and once it has gone through that house it will return the first house where the amendments will be accepted but if it can non be agree upon the measure with oversight. ‘Royal Asset’ the royal plus is where one time is has followed through all the stairss of parliament and has been accepted by both house who agree upon the amendments it will necessitate the Queens’s representative ( governor- general ) to subscribe off on the measure at a federal degree so that it can go jurisprudence. ( B ) Holocene alterations to the Summary Offences Act 1953 include Part 3A that

introduces a scope of offenses in relation to ownership and distribution of

arms:

hypertext transfer protocol: //www.legislation.sa.gov.au/LZ/C/A/SUMMARY OFFENCES ACT 1953.aspx

Dangerous articles and prohibited arms are defined by ordinances ( a signifier of

delegated statute law:

hypertext transfer protocol: //www.legislation.sa.gov.au/LZ/C/R/SUMMARY OFFENCES ( WEAPONS ) REGU

LATIONS % 202012.aspx

What is delegated statute law? What are the advantages of this type of

statute law? ( You should mention to p38 Learner Guide. You may besides happen the Law

Handbook on-line helpful: hypertext transfer protocol: //www.lawhandbook.sa.gov.au/ch27s12s01.php ) .

B ) a delegated statute law is where parliament has the power and can depute its jurisprudence devising powers over to another section if they need to expertise of that section like the Dangerous articles and habited arms act. This can e passed over to the constabulary force or defense mechanism force for the expertness which parliament may non hold. I believe that this is a really good thought and has many advantages because it allows other groups /departments to cover statute law which is in their field of expertness and enhances South Australian safety.

4. You are the magistrate needing to make up one’s mind the undermentioned conjectural instance:

Ms Brown is being prosecuted for driving under the influence of intoxicant in breach

of the conjectural subdivision 40 of the conjectural Road Control Act 1960 SA. Ms

Brown agrees that she consumed a important sum of intoxicant and so her

blood intoxicant degree was.18. However Ms Brown is pleading non guilty. The facts

are that Ms Brown’s auto had broken down and was being towed by her friend in a

ute utilizing a tow rope. Police observed Ms Brown maneuvering her towed auto which

was sheering across the pronounced lanes on South Road, Mile End. When constabulary

stopped Ms Brown ( and her friend ) they observed that Ms Brown smelled of

intoxicant and that her address was slurred. Ms Brown’s defense mechanism is that she was

non “driving” as she was being towed. Section 4 of the Act defines “driving” as

being in control of the vehicle.

( a ) What is your determination? What regulations of statutory reading do you see

and what regulation or regulations do you utilize to come to your determination? ( Answer this portion

on the footing that there is no case in point to assist you and mention to the actual regulation

and the intent regulation – pp43-44 Learner Guide ) .

  1. A ) I would believe the same as the constabulary officers did when they foremost came across Ms Brown being towed by her friend. The ground that I think that she is guilty of drink drive is because she was sitting in the driver’s place, get downing her auto and she was being ‘towed’ but under subdivision 4 of the Act, drive is defined by being in control of a vehicle which she clearly was making.

During legal statement in the same instance, the prosecuting officer in the instance draws your

attending as magistrate to a old similar ( conjectural ) instance, Police V Smith.

Police V Smith was decided finally on entreaty by the High Court of Australia.

In that earlier instance, the High Court said that ‘driving’ means to be in control of

the vehicle. The High Court decided that, even though he was being towed, the

suspect ( Mr Smith ) could run the brakes, index, warning device,

maneuvering and visible radiations of the auto and so he had something to make with the motion

and propulsion of the auto. Judge Biggins considered that such a grade of

control meant that the suspect was so impulsive, both in the ordinary sense

of the word and as the word was used in the Road Control Act. Judge Biggins

who wrote the taking bulk opinion of the High Court determination besides

commented that if the auto had been towed by a fixed saloon used by a professional

tow truck, so the determination would hold been different.

Make you as the magistrate have to follow this determination of Police v Smith?

Explain your reply. ( You should mention to pp45-54 Learner Guide. You may

besides find the Law Handbook on-line helpful:

hypertext transfer protocol: //www.lawhandbook.sa.gov.au/ch27s02s01.php )

B ) the instance constabulary Vs Smith is really similar to the current instance affecting Ms Brown because they were both being towed and both have control of their vehicle to a grade because Ms Brown and Mr Smith both had control of their vehicles in the sense that they could are runing the interruptions, indexs, warning devices, maneuvering and the visible radiations so they could decelerate down or turn but as the prosecuting officer point out, this was a instance for the high tribunals of South Australia. They besides stated that Mr Smith was driving both in the ordinary sense at the word and as the word is used in the route control act. All of this grounds suggests that Ms Brown is guilty of driving over the bound ( imbibe driving ) because she has adequate control over the auto to be classed as drive but if she was to name a professional tow truck, the result could be wholly different.

5. Discuss “reasonable cause to suspect” . How does it impact the actions of constabulary?

You should mention to pp147-149 Learner Guide. You will besides happen The Law

Handbook on-line helpful:

hypertext transfer protocol: //www.lsc.sa.gov.au/dsh/ch05s01.php

5. A ) ‘Reasonable cause to suspect’ agencies under subdivision 75 of the drumhead offenses act 1953 states that ;

‘a member of the constabulary force, with-out any warrant other than this act, at any hr of the twenty-four hours or dark may grok any individual when the member happen committing, or has sensible cause to surmise of holding committed, or being about to perpetrate, an offence.’

I believe that this would impact the actions of constabulary in many ways because they would be able to collar a individual whom they think ( suspect ) is about to perpetrate improper offense if constabularies suspect person has or is about to perpetrate a offense they have the power to inquire for name or reference but if constabularies think that it is mistakes they can inquire for grounds to clear up the statement.

6. Explain the powers of constabulary to hunt people, topographic points and vehicles. ( You need to

refer to the Summary Offences Act 1953, pp150-152 of the Learner. You will besides

happen The Law Handbook on-line helpful:

hypertext transfer protocol: //www.lawhandbook.sa.gov.au/ch03s01s02.php

hypertext transfer protocol: //www.lawhandbook.sa.gov.au/ch03s01s04s02.php ) . 6. A ) the powers of constabulary to be able to seek people, topographic points or vehicle at any clip if they have sensible cause to surmise that the individual topographic points or vehicle have stolen goods, improper objects or grounds. Police must hold the intuition based on evidences that would raise in their head of a sensible individual before they can move and patrol must follow subdivision 68 of the drumhead offense every bit good as under subdivision 67. The commissioner of constabulary has the authorization to publish general hunt warrants to investigators and officers in charge of constabulary Stationss in the state and directors can be issued with general hunt warrants. If they have a general hunt warrant it allows them to break/entre into building/ autos if they have a sensible intuition if a offense is about to be or has been committed.

7. List as many grounds as you can as to why a individual may non be granted bond.

( You need to mention to the Bail Act, p150 Learner Guide & A ; you will besides happen The

Law Handbook on-line helpful:

hypertext transfer protocol: //www.lawhandbook.sa.gov.au/ch03s02s01s01.php ) .

7. A ) A individual may non be granted bond under the ‘Bail Act 1985 treaty 5 ( enforcement and expiration of Bail ) . If the arrested individual has been arrested for a serious offense or is involved in organized offense. The arrested individual can besides hold their bond terminated if they don’t comply with bail understanding and be placed in gaol up to 2 twelvemonth or to pay $ 10,000 mulct as a maximal punishment.

8. When a immature individual under the age of 18 old ages is detected perpetrating a minor

offense, the Young Offenders Act provides constabulary with several options for covering

with the immature individual. Describe and discourse those options. ( You should mention to

pp158 – 163 Learner Guide and you will besides happen The Law Handbook online

helpful: hypertext transfer protocol: //www.lawhandbook.sa.gov.au/ch06s02s03.php ) 8. A ) In 1993 statute law were enacted in South Australia to cover with immature wrongdoers these statute law are called ‘the youth tribunal act 1993 ( SA ) ’ , ‘the immature wrongdoers act 1993 ( SA ) ’ and ‘The instruction act amendment ( hooky ) Act 1993 ( SA ) ’ . The purpose of these Acts of the Apostless are to acquire immature people ( young person ) which are people aged between 10-18 old ages of age to accept duty for their behaviour. , these statute laws have been set out 3 tiered sustes for juvenile justness for young persons. The undermentioned 1 and 2 grades of the pre-court recreation aply to youth if they are a first wrongdoer or a low degree wrongdoer and can be delt with by a constabulary cautiousness, formal or informal cautiousness. Formal cautiousnesss are where a senior or a particular young person constabulary officer will carry on a meeting down at the constabulary station with their legal defender and the constabulary officers will explicate to the young person the circumstance of the cautiousness and the meeting will be kept on an officer record even after the young person turns 18 old ages of age it won’t be counted in grownup proceeding. The concern that can be issued to the piquing young person can run from 75 hours of community service which is 10 yearss, compensation to the usage of the offense or apologise to the victim which is chiefly in composing and to take another appropriate action such as executing unpaid work for the victim. An informal cautiousness is where an investigating constabulary officer can give an on the topographic point caution/ warning without any penalty which can be of the record but they will still hold to include it in their patrol log for future young person tribunal affairs if it arises. Investigating constabulary officers will besides admonish the youth’s parents but no future action has to be taken against the young person or their parents. The young person that is found guilty of an offense can besides have attention deficit disorder punishments that can be imposed like

‘Detention in secure attention for up to three years’ . Be capable to place detainment for a period of up to six months, provided the adjustment is available and appropriate, and monitoring device is compatible, a period of community service work of up to 500 hr, to be completed within a period non transcending 18 months, pay a mulct of up to $ 2500 for an offense, lince disqualification if the young person does non keep a current drivers linces so the disqualification would forestall the young person from obtaining one’ .

Young person wrongdoers that commit a serious offense like slaying or attempted slaying can be elected by the Police or Director of Police to be dealt with as an grownup when the young person stands test if they are found guilty of slaying in the Supreme Court will hold a sentence of impressment for life.

Reference list