New arrivals to the arena of criminal law are sometimes surprised to learn that evidence which is improperly or unlawfully obtained by investigators is not — for that reason alone — inadmissible.Historically, the default position has been that relevant evidence is admissible unless made inadmissible by statute or an exclusionary rule of evidence. The touchstone …
Month: September 2009
UK Sentencing Guidelines
In the UK they recognise the inherently difficult task of sentencing appropriately in the summary jurisdiction. The volume of work, coupled with the number of discretionary considerations and ancillary orders available, make it difficult for judicial officers to avoid falling into procedural error.In recognition of the complexity of the task, the UK's Sentencing Guidelines Council …
Drink, Drive, Bloody i-Diot
If you don't value your licence, why not rely on an untested series of statistical tables (aka DrinkTracker) to determine whether you're safe to drive home?I'm a big fan of apps for the i-Phone (the X-ray app being a personal favourite) but I wouldn't trust my life (or anyone else's) to them. The problem with …
Drugs standard now online
The Drugs, Poisons and Controlled Substances Act 1981 proscribes various drugs and poisons. Yes, this is hardly a groundbreaking revelation.But, if you try to find what items are listed in Schedules 1 to 9 of the Act, you'll quickly discover they're repealed. (And have been for a long time.)So, why can't we pop down to …
Transitional legislation arrives – Part 2
Dr Manhattan has already posted about the new Criminal Procedure Amendment (Consequential and Transitional Provisions) Bill 2009 to amend much of the Criminal Procedure Act 2009.(It contains a huge number of amendments. So many, that I'm pretty confident the Criminal Procedure Act 2009 will be the first Act to be reprinted before it commences operation!)As …