HUMAN RIGHTS

NATUREDEFINITION OF HUMAN RIGHTS

Universal = apply to all Inherent = born with them Inalienable = cannot be taken away Fundamental, Ensure Dignity

NATURAL LAW POSITIVISMDecided by higher power Laws created by people

Reasoning/common sense Law needs to be recorded

Law applies to all People give and take rights

DEVELOPMENTSLAVERY

Previously legal to own and use another person for labour

No one should be held in slavery or servitude

Protected by the UDHR – however still exists + needs further protection

PEACE Live free from conflict war and oppression Still an ongoing issue in some states – e.g.

Syria Protected by the UDHR – however still

exists + needs further protection

TRADE UNIONISM Industrial revolution – horrid and unfair

work conditions Protection of labour rights: maintaining

fair work environment and pay Protected by UDHR – protected well in

Australia by Fair Work

UNIVERSAL SUFFERAGE Women given right to vote in 1902 in

Australia Right for all individuals to vote Protected by UDHR

UNIVERSAL EDUCATION UN focus on education during the 20th

century Right to a free education Protected by UDHR – not all young girls

are given access to an education

SELF DETERMINATION Collective Right – right of a nation to

determine how they are governed + their political status

Timor Succeeded from Indonesia (1999) Protected by UNHDR

ENVIRONMENTAL Intergenerational Right Right for all to live in a healthy, safe and

sustainable world Rio declaration – hole in ozone layer Protected by UDHR – Not enforced in

enough states needs further action

FORMAL STATEMENTS/LAW

All these rights are protected by International law (UNUDHR); these rights need further protection within domestic law.These rights have all been developed over time, due to changing morals and values – certain state activities and decisions have allowed these rights to develop over time.

Universal Declaration of Human Rights

(UDHR)

International Covenant on Civil and Political Rights

(ICCPR)

International Covenant on Economic, Social and Cultural

Rights(ICESCR)

Moral Authority30 key rightsFirst document to make human rights universalDeclaration = Not Binding

Protection from: use/abuse of government power- Australia: Anti-Discrimination

Act 1977More binding as it is a promise to uphold law

Focuses on the dignity of the person

- Right to food, shelter, education

More binding as it is a promise to uphold law

PROMOTING AND ENFORCING HUMAN RIGHTS – INTERNATIONALLY

UNITED NATIONS General Role of the UN: responsible for international affairs, provide avenue for international

development and assistance with human rights implementation

INTERGOVERNMENTAL ORGANISATIONS Examples: NATO, European Union, Commonwealth of Nations

Commonwealth of Nations Role is to have commonwealth countries come together to form an association with common goals Plays a role in human rights protections – limited

o Provides a forum where human rights issues are raisedo International human rights agreements/treaties can be created o Can pressure member states into compliance – moral obligationo Due to state sovereignty, these have limited enforceability

COURTSInternational Court of Justice (ICJ) Adjudicate disputes between nations

STATE SOVEREIGNTY = the authority of an independent state to govern itself meaning international law can be enforced or disregarded

The international community has a responsibility to protect only when a country fails to protect its people overriding state sovereignty

Important: these are not primarily human rights bodies and therefore have limited effectiveness

General Assembly

- Forum/Global Parliament for issues of concern- Declarations can be made where there is

agreement

Security Council- Promotion of international peace- ENFORCABLE: issues legally binding resolutions and

order military operationsOffice of the

Commissioner on Human Rights

- Promotes human rights- Provides support to member states with

implementation and raises issues of concern

Human Rights Council

- Tribunal- Hears complaints about rights violations- Has limited powers can only offer advice or

declarations on breeches of international law

Issue advice on matters of international law

EFFECTIVENESS: Limitedo Not primarily human rights bodyo Only 66 states recognise its jurisdictiono Not Binding

International Criminal Court (ICC)

Prosecute Individuals Set up via a treaty Focuses on breaches of international law

where domestic law is not enforced EVECTIVENESS: Limited

o Not primarily for human rightso Relies heavily on cooperation by

governmentso 2 convictions for $100 million

TRIBUNALS Deal with specific breaches of international law Non-permanent, specific time + location E.g. Nuremburg Trials – post WWII, prosecution of Nazi war criminals EFFECTIVENESS: limited

o Lack of enforceabilityo Non-permanento Deal with specific issues

STATUTORY BODIESUN CommitteesUnited nations have established committees to oversee the implementation of human rights conventions

Committee Against Torture Committee Against Racial Discrimination Committee on Economic, Social and Cultural Rights

Human Rights Bodies Office of the High Commissioner for

Human Rightso Monitors and reports on human rights

globallyo Promotes universal human rights +

international cooperation

Human Rights Councilo Tribunal that oversees and makes

recommendations on human rights for member states

o Compulsory reviews on human rights situations in all member states

NON-LEGAL MEASURESMedia

Name and shame governments/human rights violators

Expose instances of abuse using public awareness – social media + news

Puts pressure on governments/violators to take action

NGO’s – e.g. Amnesty International ‘Fill the gap’ where there has been a

failure to protect or promote human rights

Inform global communities on violations Work with rights abuse victims Pressure governments

Role is to promote conventions and develop policy, provide support to governments in implementation, Issue compliance reports

Statutory Bodies are limited in their effectiveness as they are non-enforceable as a result of state sovereignty. However, they do help with implementation and promotion and provide a moral authority globally.

Non-legal measures can be more effective than legal measures as they produce social change

PROMOTING AND ENFORCING HUMAN RIGHTS – AUSTRALIARIGHTS IN AUSTRALIA

CONSTITUTION STATUTE COMMON LAW

MONIST DUALIST (AUS)Treaties are enforced into domestic law when signed

Treaties are only enforced into domestic law when signed and ratified

THE CONSTITUTIONThe primary purpose of the constitution was to establish the Commonwealth of Australia, not a human rights document. Two Roles in Protecting Rights – Set up Government and Specific Rights

Separation of Powers o Legislature, Executive, Judiciaryo Creates checks and balances, ensures rule of law is applied

Division of Powerso Federal and State governments

Specific Rightso Expressed (e.g. religious freedom, right to vote)o Implied – as interpreted by high court (e.g. freedom of speech)

STATUTELaw made by parliaments - range of protections in response to international law obligations

Anti-Discrimination Act 1977 – response to ICCPR and ICESCo ADV: government is voted in, don’t

need to wait for a case, power to ratify treaties

o DIS: rights can be changed or taken away, exemptions can be made

COMMON LAWLaw made by judges – precedent, strong protection of individual rights, heavily influenced by moral obligation of international law

o ADV: enforceable, adaptable, individual scenarios

o DIS: Overridden by statute law, judges are not elected, need to wait for a case

COURTSHuman rights are dealt with at every level of the court hierarchyHigh Court – e.g. Dietrich v The Queen

Development of precedent Interpret the constitution Final court of appeal

TRIBUNALSHuman Rights Commission

Independent tribunal Investigates reports of discrimination Promotes awareness of human rights Conducts hearings into allegations

NON-LEGAL MEASURESMedia

Four Corners – treatment of people in detentiono Criticism of government policy

NGO’s ‘Save the Children’

o Providing refuge for children in detention

A CHARTER OF RIGHTSCurrent protection of human rights in Australia is found in the constitution, statute and common law. Therefore, they are not consistent or specifically stated – a charter of rights would be a formal statement.

FOR AGAINST

Reflection of values No guarantee its better

Reflection of international law obligations Listing rights limits rights

Addresses inadequacy of existing protections Human rights are currently well protected

CONTEMPORARY HUMAN RIGHTS ISSUE: TORTUREINTERNATIONAL LAW

- Universal Declaration of Human Rights Article 5:“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”

- United Nations Convention Against Torture – regulator of torture - 83 SignatoriesArticle 2: “Each state party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction”

- Committee Against Torture – 10 experts elected by states regulate tortureObtain and examine reports about measures ensuring protection against torture + have power of investigation to inquire into any statesDeal with interstate complaints to ensure justice for victims of torture

DOMESTIC LEGAL MEASURES

- Geneva Convention/US Code – Torture: AmericaExample of state sovereignty and limitations of enacting domestic legislationNaming rights limits rightsGuantanamo Bay Detainees – “enhanced interrogation methods”Torture: confinement in a box, suffocation, sleep deprivation

NON-LEGAL MEASURES

- Media/Non-Government Organisation: Amnesty InternationalGlobal Stop Torture Campaign (2014-2016)Results: Morocco introduced draft anti-torture law

Media traction/coverage + One month focused on online action – spread messageCollected 141 000 signatures -protection of individuals in Morocco, Nigeria, Mexico

CRIME

NATUREDEFINITION

Act/Omission Against Community/Causes harm Crimes Act 1900 (NSW) outlines main criminal offences

ELEMENTS OF CRIMEActus Reus

Guilty act or failure to act which is voluntaryMens Rea

Guilty mind, they must understand the nature of the act Recklessness = the person is aware of the danger but has no intent to

commit a criminal act ‘wilful blindness’, Negligence = the person has failed to see risk and has a lack of common

sense therefore a lower level of criminal responsibility

STRICT LIABILITY OFFENCES Summary offences = Speeding offences,

fire bans, water restrictions Mens rea is irrelevant for these offences,

there is no excuse for ignorance

CAUSATION Act performed must have resulted in a

criminal outcome Uses the ‘but for’ test

CATEGORIES OF CRIMEOffences Against the PersonHomicide

Murder (Life) o The direct actions of accused caused

death with a high intention Manslaughter (25 Years)

o Voluntary – voluntary or provoked,o Involuntary – negligent behaviour

causes death, there is no intention

o Constructive – engaging in a serious criminal act which results in a death, no need to prove intention

Infanticideo Applies to mothers with ‘post-natal

depression’ and children under 12 months old

Dangerous drivingo Use of drugs/alcohol, speeding,

unlicensedAssault

Common – unlawful contact/threat (2 years)

Actual bodily harm – causing significant injury (7 years)

Grievous bodily harm – causing severe injury (25 years)

Aggravated assault More serious due to:

o Weapono Attack on policeo Intention to cause serious harm

Sexual Assault Sexual intercourse without consent +

when consent is withdrawn Law requires ‘actual consent’

Aggravated Sexual Assault More serious when: ABH/Threats < 16 years Weapon Disability

Offences Against the Sovereign

Coincidence = both actus reus and mens rea must coincide to be a crime.

Treason Breach of allegiance Killing king/queen, assisting enemy in war

Sedition Incitement or hatred which encourages

other to act violently or overthrow

Economic OffencesProperty

Larceny (theft) = intention of taking away of another’s property without intention of returning Break and Enter (burglary) = Person enters private property with intention of committing crime Robbery = Serious form of larceny involving threat or violence

White collar Fraud = Deceitful or dishonest action to gain trust of person resulting in financial advantage Tax Evasion = An offence where people try to avoid paying taxes to the government Insider Trading = A person uses confidential company information to make a profit on the share

marketComputer

Identity Theft, Fraud, Phishing

Drug Offences Import, manufacture,

traffic/distribute/supply, posses/use

Penalties: caution 20 years

Driving Offences Strict liability offences:

speeding, driving unlicensed and drink driving

Public Order Offences Acts which disturb the

public order (e.g. swearing)

Regulatory/day to day situations

Preliminary OffencesAttempt

Behaviour which shows intention to commit crime, Penalty is the same as the intended crimes

Conspiracy 2 or more people agree to a crime and

have the intention to commit it

SUMMARY AND INDICTABLE OFFENCES

SUMMARY INDICTABLE

Local court Local court for committal hearingDistrict High court

Maximum 2 years imprisonment Maximum life imprisonment

Less serious offences/misdemeanour More serious crimes/felonies

Magistrate + Police Prosecutor Judge + Jury

PARTIES TO A CRIMEPrinciple in the 1st degree

Person who carries out the criminal actPrinciple in the 2nd degree

Person who is present at the crime scene and assists in the criminal actAccessory before the fact

Person who is aware and helps with the planning and preparation of the criminal actAccessory after the fact

Person who is aware of the crime helps after it is committed FACTORS AFFECTING CRIMINAL BEHAVIOURPsychological Mental illness

Drug useSocial

Family situation influence attitude and behaviour

Personal relationships influence attitude and behaviour

Social group influence attitude and behaviour

Economic Disadvantaged background Welfare is main income Poor education and lack of skill

Political

Offences against the sovereign due to political factors

Riots, protests terrorismSelf interest

Rational choice theory: committing the crime has larger benefits than the

consequences of the act

CRIME PREVENTIONSituational

Targets places where crimes take place (e.g. CCTV footage)

Social Aims to change or reduce the

socioeconomic factors affecting crime (e.g. education)

THE CRIMINAL INVESTIGATION PROCESSPOLICE POWERS

Powers are contained in the Law Enforcement (Powers and Responsibilities) Act 2002 – LEPRA

REPORTING CRIME Police discretion:

o Allows individual circumstances to be taken into accounto Could be used in biased/corrupt wayo Powers in arrest and exercising power

Crime is under reported due to: o Fear of

consequence o Reluctance o Inability o Perceived burdenINVESTIGATING CRIMEGathering Evidence

Must be of high probative value, Is the deciding point of the case, determines guilt or innocence Technology, such as DNA evidence provides the prosecution with better/more accurate evidence

Search and Seizure Must have reasonable suspicion that a person is in possession of something illegal Rules: must be private, same gender and tell you why you are being searched

Warrants Is a legal document issued by a magistrate or judge which orders the police to perform an act

ARREST AND CHARGE Once a suspect is identified they are arrested for the purpose of interrogation + further charges

Lawful arrest On reasonable grounds,

serious/indictable and have a warrant

Questioning Requirements Police must tell you when

and why and it must be recorded

Summons An order to appear in

court

BAIL AND REMANDBail

Bail is the temporary release of an accused awaiting trial Changes to bail laws:

Average offender = 15-19, Male, uses drugs, welfare/unemployed, year 10 education

o 2010 presumption against bailo 2013 Removal of presumption against bailo 2014 ‘Show cause’ (Sydney Siege)

Remand

Period of time spent by the accused in custody awaiting court trial

DETENTION AND INTERROGATION Police can only detain suspects for 4 hours of questing and interrogation (warrant for more time) The suspect in custody must be informed of their rights when being questioned

o Right to silenceo Right to a support person (young offenders) o Interview is recorded

THE CRIMINAL TRIAL PROCESSCOURT JURISDICTION

COURT CRIMINAL JURISDICTION APPELLATE JURISDICTIONLocal Court Summary offences/ committal hearings

2 years maxChildren’s Court Summary and Indictable

Young people (under 18)Coroner’s Court Investigates situations

Suspicious circumstancesDistrict Court Indictable offences

Not murder or sexual assault Appeals – decisions from local

courtSupreme Court Indictable offences

Extremely serious crimes Appeals –district and

children’s, errors of fact/lawCriminal Court of Appeal

Appeals – from supreme court Specialist judges

High Court Offence of treason/sedition Appeals - all courts Questions of law

LEGAL PERSONNELMagistrate

Preside over hearings in the local court

The Adversarial

System

Burden of proof -

prosecution

Each side introduced

evidence and witnesses

Serious cases: juries

determine facts

Parties control proceedings -

Judge is impartial observer

Judge determines sentence - precedent

and statute guide decisions

Relies on oral evidence for cross

examination

Two opposing

sides

Specialised – hear cases in children's courtJudge

Preside over intermediate and superior courts Oversee proceedings, maintain order and ensure procedures are followed Once jury has reached a verdict the just hands down sentencing and rulings

Police Prosecutor Summary offences – police prosecutors with specialised training conduct prosecutions

Director of Public prosecution Indictable and some summary offences Conduct committal proceedings and prosecute case using evidence gathered by the police

Public Defenders When accused cannot afford barrister or solicitor Appear in serious criminal matters for an accused who has been granted legal aid

PLEAS AND CHARGE NEGOTIATION Plea = formal statement of guilt or innocence by the accused Charge negotiation = an agreement between the DPP and the accused which involves the

acceptance of guilt in exchange for something else (a better sentence is not guaranteed)

LEGAL REPRESENTATION AND LEGAL AID A defendant has the right to a fair trial, however there is no explicit right to legal representation Three criteria:

o Means test = Assess income and assets to determine the ability to pay for legal representation

o Merit test = Likelihood of the case succeedingo Jurisdictional test = Is legal aid available in the area of law required

BURDEN AND STANDARD OF PROOF Central principle = a person is innocent until proven guilty in a court of law The prosecution must meet the standard of proof for criminal matters The standard of proof is ‘beyond reasonable doubt’ Standard for criminal law is much higher than the standard for civil law (‘balance of probabilities’)

THE USE OF EVIDENCE – WITNESSES Determines guilt or innocence Judge determines admissibility – what it proves/how unfair it is

RULE EXPLAINATIONOpinion Can only give evidence of what they heard or saw

Only experts can give opinionsHearsay What a 3rd party said is not allowed

Person who directly hears evidence can present itCharacter evidence Prosecution cannot introduce evidence that accused is a bad

character Accused may raise it themselves ‘Character shield’

Oral evidence Must be presented orally and cross examined to test accuracyLeading questions Asking a question which suggests the answer

DEFENSES TO CRIMINAL CHARGESCompleteMental Illness

Accused must prove they were mentally incapacitated when they committed the offence

They could not have formed the necessary intent and therefore were not criminally responsible

The M’Naughten test/ruleAutomatism

The accused’s actions were not voluntary or could not be controlled

Mistake If the accused acted in an honest or

reasonable way but made an error of factSelf Defence

Accused acted to protect themselves/others/property in a situation of imminent danger

Necessity A person believes they must commit an

offence in order to prevent a worse outcome

Duress A person is put under unlawful pressure to

commit a criminal offence, against their

will in a situation of imminent danger and no reasonable alternative

Consent Victim has freely consented to the certain

acts in question Consent cannot be given for murder, sex

with a minor and grievous bodily harmPartialDiminished responsibility

A physical or psychological condition which limits the level of understanding/control of the accused

Provocation A victim acted in a way which provoked a

loss of control of the accusedo Provocation laws were amended

due to domestic murderso This defence can only be applied in

a relationship with violence involved

THE ROLE OF JURIES – VERDICTS Determine guilt or innocence of the accused verdict beyond a reasonable doubt Named ‘tribunals of fact’ Apply principles of a reasonable person as they are a cross section of society Peremptory challenges = rejecting up to four jurors without reason Challenge for cause = rejects juror as they believe they will be prejudiced

SCENTENCING AND PUNISHMENTSTATUTORY AND JUDICIAL GUIDELINESStatutory

Crimes (Sentencing and Procedures) Act 1999o Types of penaltieso Purposes of punishmento Mitigation and aggravationo Maximum and minimum penaltieso Past cases/precedent

Judicial Discretion: gives the judge the ability to choose how to use their powers in individual cases when

weighing all factors and passing their sentenceMandatory sentencing

Places a limitation on judicial discretion as parliament imposes a minimum sentence for certain criminal offences

This removal of judicial discretion removes the ability of a judge to consider the individual circumstances of the accused and the offence they have committed

PURPOSES OF PUNISHMENT The court must consider reasons and outcomes of a punishment It must balance the rights of the accused with the protection of society

Deterrence

Fear of punishment prevents further offences

Specific = aimed at individual offender General = aimed at the community,

making the offender an exampleRehabilitation

Aims to eliminate future offending by altering the factors which lead to criminal behaviour and recidivism

Retribution Helps society seek revenge for

wrongdoing of offender Achieves a punishment proportionate to

the seriousness and the type of offender Makes the offender take responsibility for

their action and recognise harmIncapacitation

Imprisonment or complete restriction of freedom aims to protect the community from dangerous or violent offenders

FACTORS AFFECTING A SENTENCING DECISIONAggravating

Issues which make an offence more serious

Attracts a higher penalty for the offenderVictim impact statement

Allows victims to be heard in court and demonstrate the effects of criminal actions

Not extremely effective because they are not court approved or tested

Mitigating Factors which explain reasons for action Attracts a lesser penalty for the offender

Appeals Allowed on the basis of error of law or

problem with sentence Defence believes prosecution is too

severe or prosecution believes penalty is inadequate

TYPES OF PENALTIESNo conviction recorded

Person declared guilty is convicted of a crime

If the crime is less serious or the accused is young or a first-time offender it may not be recorded

Caution Formal warning given by the police for

minor offences Recorded on an internal system ‘COPS’

Fine A penalty imposed by courts that is

commonly monetary It is not fixed and courts have discretion in

this areaBond

Conditions imposed on offenders for a period of time with restrictions to freedom

The accused complies with this for a more lenient sentence

This is used when imprisonment is too severe

Suspended sentence Imprisonment suspended as the offender

is going to comply with a bondProbation

Type of bond that is supervised by a probation officer

This penalty is imposed where there is a higher chance of the offender reoffending

This is used when there is a high prospect of rehabilitation for the offender

Criminal infringement notice A fixed fine given by the police for

summary offences Offender has the option to challenge this

fine in courtCommunity and service order

The court orders an offender to complete a number of unpaid hours of work for the benefit of the public

Diversionary programs These are court programs set up to assist

with rehabilitation (e.g. education, medical treatment)

Home detention An offender is confined to their residence

by the authorities as an alternative to prison

Used due to persistence of reoffending not seriousness of crime

Periodic detention Offenders serve a period of time each

week or month in jail

This allows people to retain their daily lives and reduce reoffending

Forfeiture of assets Loss of rights to property or assets as a

penalty usually used for organised crime Offender shouldn’t enjoy the benefits of

their criminal act

Imprisonment Offender is sentenced to severe jail time Linked to the three purposes of

punishment: deterrence, incapacitation and retribution

ALTERNATIVE METHODS OF SENTENCINGCircle sentencing

Adult indigenous offenders with high level of recidivism Basis comes from Indigenous customary law and dispute

resolution techniques Involves local Indigenous people and a magistrate, it has the

full sentencing power of a courtRestorative justice

A voluntary conference between the offender and the victim Gives the victim a voice and a chance for the offender to take

responsibility for their actions It is safe and private, run by a facilitator

POST-SENTENCING DECISIONS These are decisions made in regards to the management of a prisoner after sentencing Majority of these decisions are made by the NSW Department of Corrective Services

Security classification Two factors: seriousness of crime and the risk of prisoner escape Maximum, medium and minimum-security classifications

Protective custody Prisoners who have a risk of being attacked or harmed by inmates go into protective custody Includes: child sex offender, homosexual and mentally ill

Parole The conditional release of a prisoner from custody prior to the completion of their sentence There is not an automatic right to parole, a prisoner must convince the parole board

Preventative detention Imprisonment for crime one ‘may’ commit Two types:

o Post sentence: additional to time in custodyo Without charge: prior to committing an offence

Sexual offender’s registration Sexual offenders are required to register their details with the police They are registered for 8 years after offending

Deportation Migration Act 1958

o Gives the power to deport non-citizens of bad charactero Minister has wide discretion with character test

YOUNG OFFENDERSAGE OF CRIMINAL RESPONSIBILITY

‘Doli Incapax’ means incapable of wrong Rebuttable presumption = legal presumption is favour of one party it can be rebutted with sufficient

evidence to disprove it

Aim: Is to reduce rates of recidivism and deal with issues of traditional sentencingEffectiveness: These alternative methods of sentencing are found to be ineffective, as they do not deal with the underlying issues behind criminal actions

< 10 Years Old Conclusive presumption of innocence10-13 Years Old Rebuttable presumption14-17 Years Old No longer a presumption of Doli Incapax18+ Years Old Full criminal responsibility

RIGHTS OF CHILDRENIdentification, name and address

Required when under the age of 18 and carrying alcohol due to a duty of care

Right to silence Same right as all people over 18

Right to a support person Young offenders have the right to a

support person when they are under 18 as they may be less aware of their rights and may find the process more intimidating

Search Police may only search when they have a

reasonable suspicion of crime or a serious offence has been committed

Forensic evidence Forensic evidence may not be collected if

the accused is under 14 years of ageCaution or warning of rights

Police must make a person aware of their rights after arrest

CHILDREN'S COURTJurisdiction

All offences except serious indictable offences of children (under 18)

Committal proceedings and offences Specialist magistrates

Focus on rehabilitation of young person and no jury

Limited media reporting Media is not permitted inside the court or

to publish the name of the offenderClosed courts

The court is not open to the public, only those with a direct interest in the child are allowed

Special procedures Children are given the opportunity to

participate It is made sure that the child understands

the proceedings Special penalties and options are available

Children's court clinic Clinical assessment is undergone to

determine the best path of rehabilitation for the child

Youth drug and alcohol court An effective rehabilitation program, which

was recently closed as the government cut its funding

PENALTIES Dismissal = Dismissal of the charge with no conviction, only a caution to the offender Conviction = Charge is only recorded if the child is over 16 years old Adjournment = The charge is adjourned or deferred for up to 12 months to assess rehabilitation Bond = Release on a bond can be up to 2 years Youth Justice conference = offender meets with the victim and is shown the effects of actions Fine = Children can only be fined up to $1100 Probation = Probation can be for up to 2 years with a juvenile justice order Community service order = Can be given up to 100 hours (under 16) or 250 hours (over 16) Suspended control order = Sentenced to up to 2 years in juvenile justice centre Control order = Sentenced to up to 2 years in juvenile justice centre

ALTERNATIVES Warning, Caution, Youth Justice Conference

INTERNATIONAL CRIME Broad term referring to any action involving a breach of criminal standard in international

community Distinguishing from domestic law:

o Focuses on interactions between nations

o Limited international enforcement through UN and sanctions – relies on domestic lawo Created through negotiations, must be ratified to become law/enforceable

CATEGORIES OF INTERNATIONAL CRIMECrimes against the international community

Offences recognised by international community as being of universal concern Crimes are so heinous they require universal jurisdiction Cries infringe fundamental human rights or threaten international security EXAMPLES:

o Genocide – acts with intention of eliminating all or part of an ethnic, racial or religious groupo War crimes – acts carried out during conduct of war that violate the accepted standardso Crimes against humanity – covers any action by a government where violence is used in a

systematic way against citizensTransnational Crime

Involves breaking the law in more than one country Difficult to prosecute as laws differ between jurisdiction and difficulties of co-operation Becoming increasingly common due to globalisation EXAMPLES:

o Human trafficking – illegal movement of people across international borderso Terrorism – people who feel aggrieved by the action of nation are able to launch attacks

DEALING WITH INTERNATIONAL CRIMEDomestic measures

Responses are limited by jurisdiction and state sovereignty Relies on level of international co-operation

Australian Federal Police Established under commonwealth legislation Protect Australia from crime domestically and internationally Areas of international crime - child protection, human trafficking, drug trafficking, terrorism

Australian Customs National agency responsible for the security and integrity of Australia’s borders Primary role is to deter unlawful movement of goods and people across Australia’s borders

Commonwealth Attorney General’s Department Ensures Australia complies and cooperates with international obligation Deal with extradition (physical custody of a person formally transferred, by authorities to another

for prosecution or punishment) orders and requestsInternational measuresCooperation between governments/treaties

Effectiveness of international law relies on level of cooperation between nations (e.g. extradition)Tribunals

Ad hoc international tribunals established to deal with specific breaches (Nuremburg Trials WWII)International Criminal Court

Established by Rome Statute 2002 – permanent body which deals with cases against individual accused of serious international crimes

Interpol International police organisation - facilitate cooperation/collaboration among intelligence agencies