Provisions of Criminal Justice Act 2003 has considerably improved laws in relation to hearsay evidence in criminal trials in England and Wales. This Act has wide measures introduced to modernize key areas of the criminal justice system. It amends the law in many other areas such as police powers, sentencing, bail, bad character evidence etc. Criminal Justice Act 2003 gives permission to allow a case to be tried by a judge without a jury present in circumstances where there may be a danger of jury
cause the damage it did. • Duress – ‘Unlawful pressure exerted upon a person to coerce that person to perform an act that he or she ordinarily would not perform’ . Based on the past violent conflicts, Julia could have potentially feared Tony. Her fear possibly motivated her to act in the threatening manner that lead to the jump that ultimately killed Tony. • Excuse – Division 4 s33 NT Criminal Code - unlikely, however possible defense. Following a review of the Northern Territory office of the director
sentenced to a public hanging even though you didn't commit the crime. This is one example the Criminal Code of Canada would have sentenced you to if they suspected that you committed manslaughter. The Criminal Code of Canada is a book of laws that was developed in 1892. It determines sentences for certain crimes and thankfully, it has been revised numerous times. It is a big part of the Canadian justice system. The system is fair-minded now since the death sentence is forbidden, sentences are equal
The Youth Criminal Justice Act, enacted in 2003, has had considerable implications for youth offenders, especially in sentencing procedures. However, in 2012 Prime Minister Stephen Harper and his administration made significant punitive amendments that changed the application of the Youth Criminal Justice Act (YCJA) to youth sentencing procedures in Canada. This essay will first discuss a brief history of Canadian legislation regarding youth offenders, and the general characteristics and effectiveness
Canadian government to record juvenile offenders, in addition, devise an act to better control the epidemic of young delinquents. The topic of proposal is the effectiveness of the youth justice system in its response to crime. Firstly, in order to determine the effectiveness of the youth justice system, one must grasp the premise that is a delinquency, in particular a young delinquents. Under the Juvenile Delinquents Act, the first act imposed in regards to young offenders,
violent crime committed by youth jumped approximately 120% (CITE). The most controversial debate in Canadian history would have to be about the Young Offenders Act (YOA). In 1982, Parliament passed the Young Offenders Act (YOA). Effective since 1984, the Young Offenders Act replaced the most recent version of the Juvenile Delinquents Act (JDA). The Young Offenders Act’s purpose was to shift from a social welfare approach to making youth take responsibility for their actions. It also addressed concerns
The Youth Criminal Justice Act, often called by the name of YCJA, is specifically made for youths ages varying from 12 to 17 that disobey the law. In April 1, 2003, the YCJA replaced the previous justice act called Young Offenders Act due to several negative concerns. “These concerns included the overuse of the courts and incarceration in less serious cases, disparity and unfairness in sentencing, a lack of effective reintegration of young people released from custody, and the need to better take
forgiveness for a minor offence that they have committed? Since the passing of Bill C-7 or the Youth Criminal Justice Act on February 4, 2002 by the House of Commons, many significant improvements have been made in Canada’s youth criminal justice system on how to handle and care for young offenders. Some of the reasons why Bill C-7 was passed in Canada was because the bill before it, Young Offenders Act, had many problems and suffered large amounts scrutiny by Canadian Citizens. It’s because of these
attempt to restore moral justice in Canadian youth punishment is indispensable. The Youth Criminal Justice Act enacted on April 1st, 2003 recognizes in the preamble that incarceration should only be exercised as a last resort sentence for violent youth ages twelve to seventeen, (Youth Criminal Justice Act (S.C. 2002, c. 1), 2002; Barron, 2009; Tustin & Lutes, 2011; Olivo, 2012, pp. 234-235, 456; Justice Education Society of British Columbia , 2013). The restorative justice approach enables consideration
part of criminal proceedings in Britain for over 800 years. Though the concept of the jury has remained a constant, the role of the juries in criminal proceedings has altered greatly. When juries were first introduced, they were used as witnesses as opposed to the modern role of returning a verdict. The concept of using a jury is to allow ‘ordinary citizens to participate in the administration of justice’ . This is designed to promote public confidence. The Criminal Justice Act of 2003 widened the
of hearsay evidence in criminal cases in which were regarded as 'absurd' by Lord Reid and Lord Diplock. The first statutory reform took place soon after its establishment seen in “Bankers’ Books Evidence Act” and later further reforms were made in “The Evidence Act 1938”. Despite the hearsay rules reforms, controversial aspects were still apparent relating surrounding the admission of hearsay evidence. In April 2005, the hearsay provisions of The Criminal Justice Act 2003 reformed the common law
Populations Populations Served In The Criminal Justice Profession. Some of the main populations served by the criminal justice system include the suspects for various criminal offenses, inmates housed in correctional facilities and the victims of criminal offenses. One of the needs of the populations is fairness in the conduct of criminal justice professionals such as the police, prosecutors and judges to ensure the suspects of criminal offenses are charged for the actual acts of crime they committed rather
problem. According to Bala and Roberts, around 17% of criminals were youths, compared to 8% of Canadian population ranging between 12 to 18 years of age between 2003 and 2004 (2006, p37). As a big federal country, Canada has taken a series of actions since 1908. So far, there are three justice acts in the history of Canadian juvenile justice system, the 1908 Juvenile Delinquents Act, the 1982 Young Offenders Act, and the 2003 Youth Criminal Justice Act. In Canada, the judicial system and the principle
Sexual Offenders In preparing for this essay it has been identified that sexual offenders are not a homogenous group of individuals and that this is an umbrella term used to describe a range of behaviours ranging from acts of voyeurism and exhibitionism, to more serious acts of pedophilia and rape. For the purpose of this essay I have chosen to focus on the more serious forms of sex offending which in my opinion, are the cause of much of the current attention. In order to understand why
understand questions. And all ordinary witness's are compellable to testify on subjects asked of them in the courtroom. The only exception relates to spouses and civil partners. A) Dave is the husband of Mary. Section 80 of the police and criminal evidence act 1984,
In recent years the role of victims in the criminal justice system has risen into prominence, inspiring much research into victim experience and possible reform. There are a multitude of factors that influence policy makers in relation to reforming the criminal justice system, one of which is victims. However, victims while they can be catalysts for reforms such as the case of James Ramage among others, they still play a relatively minor role in influencing policy change. The idea of victim-oriented
although there are several definitions many fail to be concrete. There are many factors that play into sentencing juveniles or minors upon a crime committed. How old are they? Can they mentally form criminal intent? Are they old enough to no longer be treated as children? Some people would argue that a criminal is just that, regardless of age. Research on the other hand shows that juveniles have underdeveloped brains who at times have difficulty rationalizing decisions and weighing out consequences. It
regarding the effect of Criminal Justice Act 2003 (CJA 2003) to previous English sentencing system regarding one of the aims of punishment i.e. retribution. It is a duty for courts to apply under section 142 (1) of CJA 2003. The section requires the courts to have regarded the aims in imposing sentence to offenders which has now plays a smaller role in serving punishment. And how profound this changes has been. I will discuss briefly about (a) historical background of CJA 2003, (b) identify who is
Unit 12: Crime and its effects on society P1-Outline the current crime and disorder legislation Anti-social behaviour act 2003 The anti-social behaviour act was made in 2003. The reason for why this was made was to make the rules of anti-social behaviour better and work more efficient also to do the same with the fixed penalty notices. The rules of this act is no one that is under the age of 16 is allowed to buy spray paint due to graffiti on private properties, no group of teenagers are allowed
following essay will analyse how the criminal justice system rests upon the idea of individualised responsibility with reference to the main two core principles that make person criminal liable, these being the Latin phrases Mens Rea “guilty mind and atus reas “Guilty act”. These two core principles will then be used to critically analyse the current model of individual responsibility to support that it is an effective and fair system for Australian criminal law. Finally this essay will conclude