AJ 014 Lecture Notes - Lecture 9: Private Prosecution, Cross-Examination, Criminal Record

• School: College of The Sequoias
• Department: Administration of Justice (AJ)
• Course: AJ 014
• Professor: Wheeler

Document Summary

Constitution duty of the secretary of justice: make decisions on prosecution. Suspects should have the right to defend themselves. Difficulty in private prosecution: no authority to question on witnesses, enter private premises to gather evidence, stripe search the secretary of justice can intervene in the middle of private prosecution hksar v . The power to prosecute rests with the secretary of justice but the court can order a permanent stay (?) The police have to make it clear that it is an arrest / provides reason for the arrest / based on reasonable suspicion. If not lawful arrest, the person can sue for unlawful imprisonment. Occupy central: summons to ask the suspect to appear in court. Demonstration outside china"s liaision office by fa lun gong. Lay an information / make a complaint to set out what the suspect is charged with // Court: not good enough / no reasonable suspicion -> unlawful arrest.