Introduction to Law Assignment 

Assignment Task

1. Understanding Offences

Introduction

When people talk about offences colloquially, they are often not aware of the subtlety in the decision making around determining whether an offence has been committed, what offence it might be, what defences may be available and whether it should proceed to prosecution. In this first activity, you will be considering what are typically referred to as assaults.

2. Depriving someone of their liberty

Introduction

The investigation of crime involves a delicate balancing act between the rights of the suspect, the victim, and the need to protect the community. In order to conduct an investigation, police will often deprive suspects of various rights, including liberty. Address the following questions by reference to Western Australian legislation (i.e., not Commonwealth legislation relevant to detaining people suspected of terrorism related offences).

3. Who determines guilt

Introduction

When we consider the adversarial system, we typically think of jury trials. However, recent prominent cases that have been heard by a judge alone have reignited debate about the purpose and utility of juries.

4. Giving victims a voice

Introduction

In criminal proceedings the victim is seen to be the state. That is, an offence has been committed against the state who must prosecute. Historically, this approach has left some victims feeling isolated from the process. More recently, the need to involve victims in the criminal justice system in meaningful ways has been recognised.

Questions

1. What is an assault?

2. What rights does a suspect have when police wish to interview them?

3. By reference to the relevant legislation, how long can a person be kept in police custody without charges being laid?

4. Who is entitled to criminal injuries compensation?

5. Under what circumstances would a victim be disqualified from receiving criminal injuries compensation?

6. When a prisoner is injured as a result of a crime in prison, they are eligible to claim criminal injuries compensation?

7. What involvement can victims of crime have in parole decision making?

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