LAW4332 Chapter Notes - Chapter 8: New South Wales Legislative Assembly, Common Law Offence, Summary Offence
Document Summary
Due to expansion of summary offences, but the relation between the two is strong. Main features: centrality of police and discretion in initiating/prosecuting charges; regulation of behaviour in public places; processing summarily or bureaucratically (lower courts or on the spot fines) and divergence of the common law criminal process. 8. 1. 1 police discretion: the wide ranging role of police in the lower courts and their often unreviewable discretion and communities or events differently. In stutsel v reid (1990) the offence was made out despite absence of proof of someone having. 8. 2 the historical development of public order legislation: the common law test therefore is not proprietary rights but actual use. )n (cid:883)(cid:891)(cid:890)(cid:888) and onwards new legislation imposed harsher penalties e. g. on (cid:494)anti-social behaviour(cid:495) (cid:890). (cid:884). (cid:883) law and order election (cid:494)bidding(cid:495: 1988 sate government election both sides of campaign out-bidding each other with law and. Police offences act, removing archaic offences and inserting new ones and also vested in police.
