Image courtesy of mrpuen / FreeDigitalPhotos.netBlogger and tweeter @fchralph posted an article a few months ago about the criminal diversion program we have in Victoria, which now operates under Criminal Procedure Act 2009 s 59.He suggested one shortcoming is that it relies on police discretion. And, that sometimes that can be subject to whim and caprice.The …
Continue reading Police discretion, diversion and choices to prosecute
Crimes Act 1958 s 319AA commenced operation on 20 December 2012, creating new police-pursuit offences with more significant penalties than those found in Road Safety Act 1986 s 64A. It was inserted by the pithily-named Justice Legislation Amendment (Family Violence and Other Matters) Act 2012 s 32.The new provision provides:319AA. Dangerous or negligent driving while …
I updated our vehicle impoundment aide mémoire to include the new indictable police pursuit offence in Crimes Act 1958 s 319AA. (That offence commenced operation on 20 December 2012: I'll discuss it in a bit more detail in a day or two.)We discussed the vehicle impoundment regime here back in June 2011.Its structure hasn't changed …
One of the reasons I have a copy of Archbold Criminal Pleading and Precedent is that it occasionally contains useful and even interesting commentary that can't be easily found elsewhere on common law offences, especially those that are at least archaic (which is nearly all of them), if not completely esoteric. (I'm not completely nuts …
I mentioned back in October that Brendan Murphy QC was appointed as the newly-created public interest monitor.Last week the Victorian government appointed the head of its new IBAC, Stephen O'Bryan SC, and the Victorian Inspector, Robin Brett QC, who will oversee the IBAC.One recent opinion article in The Age cast doubt on the likely effectiveness …
Continue reading Anti-corruption bodies set to start 1 Jan 2013?