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NCJ Number: 66051 Find in a Library
Title: ADMINISTRATION OF CRIMINAL JUSTICE IN A FEDERAL SYSTEM (FROM PROBLEMS OF CRIME IN A FEDERAL SYSTEM, 1979 - SEE NCJ-66050)
Author(s): P DURACK
Corporate Author: Institute of Criminology
Sydney University Law School
Australia
Date Published: 1979
Page Count: 9
Sponsoring Agency: Institute of Criminology
Sydney, 2000, Australia
Format: Document
Language: English
Country: Australia
Annotation: THE AUSTRALIAN FEDERAL SYSTEM FOR ADMINISTERING CRIMINAL JUSTICE IS DESCRIBED, AND REFORMS UNDERWAY OR BEING CONSIDERED ARE DISCUSSED.
Abstract: UNDER THE AUSTRALIAN CONSTITUTION, THE FEDERAL PARLIAMENT HAS NO POWER TO ENACT COMPREHENSIVE CRIMINAL LAW; HOWEVER, THE PARLIAMENT MAY ENACT PENAL PROVISIONS DESIGNED TO SECURE THE EFFECTIVE OPERATION OF COMMONWEALTH LAWS AND THE PROTECTION OF THE COMMONWEALTH AND ITS PROPERTY. FEDERAL JURISDICTION MAY BE EXERCISED BY THE HIGH COURT, FEDERAL COURTS CREATED BY THE PARLIAMENT, AND STATE COURTS INVESTED WITH FEDERAL JURISDICTION. A CONSIDERABLE NUMBER AND VARIETY OF OFFENSES WERE ESTABLISHED BY THE CRIMES ACT OF 1914, BUT THE ACT CANNOT BE CONSIDERED A CRIMINAL CODE. OFFENSES AGAINST THE CRIMES ACT AND OTHER COMMONWEALTH CRIMINAL PROVISIONS ARE DEALT WITH IN STATE COURTS. THE INITIATION OF CRIMINAL PROCESSES IN THE MAJORITY OF CASES IS BY PUBLIC OFFICIALS IN THEIR OWN NAMES. THE FEDERAL ATTORNEY GENERAL HAS POWER TO CONTROL THESE PROCEEDINGS, HOWEVER, BY VIRTUE OF HIS OFFICIAL POSITION AND AUTHORITY OVER THE LEGAL SERVICES NECESSARY TO PURSUE A PROSECUTION. WHILE STATE PROCEDURES AND EVIDENTIARY PROVISIONS ARE APPLIED IN TRIALS IN STATE COURTS FOR FEDERAL OFFENSES, THE MAXIMUM SENTENCE THAT MAY BE IMPOSED IS DETERMINED BY FEDERAL LEGISLATION. A COMPREHENSIVE REVIEW OF THE FEDERAL CRIMINAL JUSTICE SYSTEM HAS BEEN UNDERWAY IN RECENT YEARS. SOME MATTERS BEING CONSIDERED BY THE LAW REFORM COMMISSION ESTABLISHED IN 1973 ARE CRIMINAL INVESTIGATION, SENTENCING (WITH PARTICULAR REFERENCE TO UNIFORMITY), PAROLE ORDERS (PARTICULARLY THE ESTABLISHMENT OF THE RIGHT OF A PAROLEE TO MOVE FROM ONE STATE TO ANOTHER), THE INTERSTATE TRANSFER OF PRISONERS, AND REFORM OF THE CRIMES ACT OF 1914. THE ESTABLISHMENT OF THE FEDERAL COURT OF AUSTRALIA IN 1976 HAS EXPANDED RIGHTS OF APPEAL IN A CRIMINAL MATTER FROM A TERRITORY SUPREME COURT. (RCB)
Index Term(s): Australia; Court system; Criminal investigation; Federal courts; Federal government; Inmate transfers; Law reform; Offenses; Parole conditions; Sentencing/Sanctions
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66051

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