FAQs matching Court Appearances

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What is an arraignment?

Practice Areas: Court Appearances, Criminal Law

When an accused is placed at the dock, and he or she is asked to confirm that they are named in the indictment, and with the indictment read out, the accused...

What is meant by beyond reasonable doubt in criminal law?

Practice Areas: Court Appearances, Criminal Law

We can start with by looking to s 141 of the Evidence Act 1995 (Cth) where the criminal standard of proof is as follows: (1) In a criminal proceeding,...

If there is an error in the way that the maximum penalty has been viewed: What is the effect of the error?

Practice Areas: Court Appearances, Criminal Law Matters

An incorrect view of the maximum penalty may require intervention by an appellate court, but there are a number of factors to be considered as Callaway...

What offence does breach of the peace constitute?

Practice Areas: Court Appearances, Anti-Social Laws

Breach of the peace is not an offence, but instead it is the basis for the execution of the common law power which prevents public disorder. Furthermore,...

Are there any protections in place for children when dealing with the police?

Practice Areas: Court Appearances, Anti-Social Laws, Children

The police powers available when dealing with children are generally the same as for adults. A police officer can ask a child for their name, address and...

Are police officers required to handcuff every person placed under arrest?

Practice Areas: Drug Offences, Human Trafficking, Weapons, Assault & Battery, Robbery & Theft, Arson, Apprehended Violence Orders, Drink Driving, Speeding, Drug Driving, Traffic Matters, Court Appearances, Resisting Arrest, Anti-Social Laws, Indecent and Sexual Assault, Murder, Sexual Offences, Bail Applications, Criminal Law Matters

 There is no general rule or requirement that a police officer must handcuff a person who is being arrested. Furthermore, there is also no requirement...

If there has been a determination of guilt by the courts: Do judges have the discretion not to record a conviction?

Practice Areas: Drug Offences, Weapons, Assault & Battery, Robbery & Theft, Arson, Apprehended Violence Orders, Drink Driving, Speeding, Drug Driving, Traffic Matters, Court Appearances, Anti-Social Laws, Indecent and Sexual Assault, Murder, Sexual Offences, Criminal Law Matters

In instances where a determination of guilt has occurred, the majority of people will probably hope that a judge will use their discretion to not record...

What are the elements of burglary?

Practice Areas: Robbery & Theft, Court Appearances, Anti-Social Laws, Criminal Law Matters

Generally speaking, the constituent parts of burglary, is the intent to commit an offence in a building, and the act of entering into, said building....

I'm a teenager and I spray paint used cars which I legally obtain as a hobby, and sometimes I enter my work into art shows. I was walking home one day from with my spray cans and the police stopped me, and upon finding my spray cans, charged me with a graffiti vandalism offence: Can they do that?

Practice Areas: Court Appearances, Anti-Social Laws

Police may seize a spray paint can in the possession of a person in a public place if the officer suspects on reasonable grounds that the person is under...

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