Criminal Justice System and Law Enforcement Agencies in Australia

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Criminal Justice System and Law Enforcement
Agencies in Australia

• Greg Linsdell
• (MCrim, MEd, LLM)

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Australia

• Population 22.5 million
• GDP per capita 38,910 (about Rp 327 million)
• Federal Parliamentary Democracy
• 8 States and Territories

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Government

• Federal
• Taxation
• Legislation
• External Affairs, Defence
• Companies, Currency
• State
• Legislation
• State police, courts, prisons
• Roads, Schools

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Separation of Powers

• The Constitution establishes 3 separate sources
  of power being
• Parliament (law makers)
• Courts (judiciary)
• Police (administration)
• The Separation of Powers is designed to prevent
  abuse with each acting as a check on the other.

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Criminal Law Making

• Made by both Federal and State Parliaments.
• Most crimes, such as murder, rape and theft are
  governed by the States.
• Crimes such as drug trafficking and identity
  theft are also controlled at the Federal Level.
• Local governments can make laws about social
  nuisance offences such as parking, noise and pet
  control.

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Common Law

• Based on UK system
• parliament made law and
• court made law (Judge Law)
• Decisions of higher courts are binding on the
  lower courts.
• Judges cannot be sacked by the government.

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Crime Rates (2006)

• Murder 1.4 per 100,000 (Indonesia is 0.91 per
  100,000)
• Attempted murder 1.2 per 100,000
• Kidnapping / Abduction 3.5 per 100,000
• Robbery 84 per 100,000
• Blackmail / extortion 2.1 per 100,000

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Drugs

• Remain a high priority for all Australian
  criminal justice systems.
• Illegal to
• Possess, use, sell, import, manufacture or
  traffick illegal drugs such as
• Marijuana (cannabis)
• Heroin
• Amphetemines (speed)
• Cocaine (including crack)
• Designer drugs (such as ecstasy)

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Illegal Drug Laboratories
Source Schloenhardt 2007 17
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Offender Drug Use
                                                 
                                 (a) Current
regular users are those reporting regular use in
the six months prior to detention (b) Excludes
the licit use of that drug (c) Includes heroin,
cocaine/crack, street methadone, and morphine as
well as illicit use of dexamphetamines and
benzodiazepines (d) Includes alcohol
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Sir Robert Peel

• Father of modern policing.
• Policing by the people, for the people.
• Rule of Law
• 1829 Principles

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Peels Principles

1. The basic mission for which the police exist is
   to prevent crime and disorder.
2. The ability of the police to perform their duties
   is dependent upon public approval of police
   actions.
3. Police must secure the willing co-operation of
   the public in voluntary observance of the law to
   be able to secure and maintain the respect of the
   public.
4. The degree of co-operation of the public that can
   be secured diminishes proportionately to the
   necessity of the use of physical force.

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Peels Principles

1. Police seek and preserve public favour not by
   catering to public opinion but by constantly
   demonstrating absolute impartial service to the
   law.
2. Police use physical force to the extent necessary
   to secure observance of the law or to restore
   order only when the exercise of persuasion,
   advice and warning is found to be insufficient.
3. Police, at all times, should maintain a
   relationship with the public that gives reality
   to the historic tradition that the police are the
   public and the public are the police the police
   being only members of the public who are paid to
   give full-time attention to duties which are
   incumbent on every citizen in the interests of
   community welfare and existence

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Peels Principles

1. Police should always direct their action strictly
   towards their functions and never appear to usurp
   the powers of the judiciary.
2. The test of police efficiency is the absence of
   crime and disorder, not the visible evidence of
   police action in dealing with it.

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State Police
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Police Numbers
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Police Cost

• Police services cost each person in Australia
  328 (Rp 2,558,400) or 429 (Rp 3346200) per
  adult but it does vary across the country.
• 75 of this is salaries.

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Police per 100,000 people

• Italy 555
• Malaysia 340
• Australia 209
• Indonesia 204
• India 95

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Police Structure

• Hierarchical structure.
• Commissioned officers range from Inspector up to
  Chief Commissioner
• Other ranks start at Constable and rise to Senior
  Sergeant.
• Single entry point.

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National Agencies
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Police Support Agencies
Australia and New Zealand Policing Advisory
Agency
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Prosecutions

• Director of Public Prosecutions
• Independent of Government
• Headed by Director who answers to Attorney
  General
• No investigative powers
• Police refer cases and supply all evidence.

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Prosecutions

• A prosecution will be instituted when there are
• reasonable prospects of securing a conviction
  and
• the public interest requires a prosecution.

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Courts

• Magistrates courts deal with most offences.
• County and Supreme Courts deal with the more
  serious or complex crimes and take appeals from
  lower courts.
• High Court of Australia is the highest court in
  the land.

Australian High Court, Canberra
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Courts

• Innocent till proven guilty.
• Adversarial process
• Judge controls proceedings and does not inquire.
  Decides on the law.
• Jury used in serious cases. Decides on guilt.
• Appeals on error of law or fact.

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Capital Punishment

• Applied to burglary, sheep stealing, forgery,
  sexual assaults murder and manslaughter.
• First abolished in Queensland in 1922 and finally
  in New South Wales in 1985.
• Now a person is not liable to the punishment of
  death for any offence.

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Life Imprisonment

• Life does not mean life except in the most
  extreme cases.
• Generally a person receiving life will serve 10
  25 years depending on a range of factors
  including
• Conduct in prison (good behaviour)
• Recommendations of the judge
• Opinion of the Parole Board

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Prison v Community Programs
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Prisons

• Prisons are funded at a State level.
• Many prisons are now privatised.
• Technology is playing an increasingly important
  role in detention.

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Prison Population
 
Prisoners, from 1984 to 2007 (persons per
100,000)                               
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InternationalPrison Rate Comparison
Prisoners per 100,000

• US 751
• England 151
• Australia 134
• Germany 88
• Japan 63
• Indonesia 61

http//www.kcl.ac.uk/depsta/law/research/icps/worl
dbrief/index.php?searchA
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Cost of Corrections

• Prisoners 187 (Rp1458600) per day (68,255 per
  year/ Rp 532,389,000)
• Community corrections programs 13 per day (Rp
  101400)(4,745 per year / Rp 37,011,000)

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Home Detention

• Commenced 2004
• 20,000 (Rp 156,000,000) per year. (54.80 per
  day / Rp 427,440)
• Sex offences, violence, drug trafficking and
  weapons offences.

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Police Oversight and Anti-Corruption

• Royal Commissions Scandal and Reform
• Independent Complaint Handling
• Anti-Corruption Investigative Bodies
• Internal Disciplinary System
• Media transparency

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