Part 1 of the core: Crime – Legal Studies

The Nature of CrimeMeaning of crime: any act or omission of duty that results in harm to society and is punishable by the state.

Elements of crime: for the prosecution to win their case, they need to prove the suspect’s guilt beyond reasonable doubt. The accused must have committed both elements of the crime:

Actus Reus: refers to the actions of the accused; that they committed the crime

Mens Rea: refers to the mental state of the accused; that the accused intended to commit the crime. The three levels of mens rea include intention, recklessness and criminal negligence

Strict Liability Offences: applies to minor offences. It is not necessary for the prosecution to prove mens rea, as proof of the act alone is sufficient to constitute a crime. Strict liability offences can only be successfully defended if the accused can prove that the actual act did not occur, and if the defence can prove that the act was a “honest and reasonable mistake”

Causation: proving that there is a link between actus reus and mens rea. To prove a criminal charge, the prosecution must show a definite link between the act and the crime.

Categories of crime: the different categories of crime often affect the way an offence is investigated, prosecuted or punished.

Offences against persons: the intended causing of injury to a person (murder, manslaughter, assault)

Offences against the sovereign: criminal acts against the government (treason, sedition)

Economic offences: the infliction of economic loss upon the victim (robbery, larceny, white collar crime, computer crime)

Drug offences: the use, supply and possession of prohibited drugs (possession or supplying a drug – the quantity of the prohibited drug will determine the severity)

Driving offences: breaches of traffic laws (speeding, drink driving, negligent driving)

Public order offences: acts which the reasonable person would deem unacceptable behaviour (offensive behaviour, affray, bomb hoax)

Preliminary offences: attempting to or planning to commit a crime, both of which are criminal acts (attempt, conspiracy)

Summary and Indictable offences: all criminal offences are separated into two important categories depending on the severity of the offence. The latter normally go first through a committal hearing in the Local Court before a magistrate to determine whether prima facie exists in the case.

Summary: less severe offences that are heard and sentenced by a magistrate in the Local Court

Indictable: more serious and complex offences that are heard and sentenced by a judge in a District Court or tried before a judge and jury.

Parties to a crime: all people involved in a crime are referred to as parties to the crime. All parties can be convicted and be punished by the court. Their punishment will depend on the extent to which they were involved. The more involved, the greater the punishment.

Principal in the first degree: principal offender, the person(s) directly responsible for the criminal act (robbed the bank)

Principal in the second degree: person(s) present at the crime and assists the offence in the first degree to commit the crime (drove the getaway car)

Accessory before the fact: someone who has helped the principal to plan or carry out the crime (stole the bank plans)

Accessory after the fact: someone who knowingly assists the offender after the crime has been committed (helped hide the offender)

Factors affecting criminal behaviour: people commit crimes for all types of reasons. Psychological: where many forms of mental illness affect a person’s

behaviour, which is relevant to the commission of the offence Social: factors such as upbringing and personal networks can impact, often

negatively, upon a person’s view of the law and lack of respect for it Economic: people who suffer economic disadvantage can feel “disconnected”

from mainstream society and its value and hence may feel less respect for the law.

Genetic: Genetic theories have been proposed as a factor affecting criminal behaviour, however no genetic theory have been conclusive.

Political: political motives cover the spectrum of criminal behaviour from public order type offences through to violent criminal behaviour

Self-Interest: self-interest and greed can motivate people to commit crime, as it can be seen as an easy road to power or wealth

Crime Prevention: understanding the factors and motivation behind crime is also important in crime prevention. There are two main areas of crime prevention:

Situational Crime Prevention: primarily focuses on the physical environments that influence crime. It aims to make it more difficult for criminals to carry out a crime (e.g. bars on windows, alarm systems, enabling ownership reducing value of stolen goods)

Social Crime Prevention: aims to break the cycle of crime by targeting social factors such as poor parenting, truancy rates, low education levels and economic disadvantage, all of which increase criminal activity.

The Criminal Investigation ProcessPolice powers: responsible for enforcing criminal law and ensuring they are adhered to. They form part of the executive arm of government and are separate from the legislature and the courts. Their role is to prevent and detect crime, maintain public

order and ensure criminal laws are observed. Police powers are mainly found in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). The main powers include:

The power to arrest The power to enter premises to prevent a breach of the peace The power to recommend whether bail should be granted

Reporting crime: citizens have discretion regarding whether to report a crime. Without a report, the police cannot investigate the matter. Some people do not report crime in fear of retribution from the offender. Some people may be apathetic to the situation, and does not want to be involved in the process.

Investigating Crime: police will need to make a decision on whether to investigate a crime based on the likelihood of success, available resources and priorities or the severity of the offence. Police can use a number of methods and special powers to further their investigation:

Gathering evidence: supports the prosecution’s case. Evidence must be gathered lawfully otherwise the prosecution won’t be relied upon in any hearing. It can take a number of forms, ranging from witness statements, physical objects, forensic evidence and business records

Use of technology: advances in technology have greatly enhanced the tools available to police when investigating crime and gathering evidence, including DNA evidence and CCTV footage.

Search and seizure: police have the power to stop and search and person where they ‘believe on reasonable grounds’ that they are carrying something of question.

Use of warrants: involves applying to the court or authorized justice for an order authorizing them a search warrant to enter and search a home or other premises. This will only be granted by the court if it is satisfied that police can substantiate on reasonable grounds, that the issuing of a warrant will likely lead to an arrest.

Arrest and charge, summons and warrants: Arrest: for police to insist on someone attending the station, they must place

them under arrest. A lawful arrest can only occur if they inform why the arrest is being made, the suspect is cautioned and the police have reasonable grounds to do so

Charge: the formal process where the suspect is charged with the particular offence(s). All criminal proceeding begin by way of arrest, charge and bail.

Summons: for less serious criminal offences. Previously, summons (a document insisting attendance at court) could be given for minor offences, but is now no longer available.

Warrants: issued to a suspect by police if there is sufficient evidence that prima facie case exists.

Bail or remand: Bail: the temporary release of an accused person awaiting trial, sometimes

on particular conditions such as lodgement of a sum of money as a guarantee.

Remand: a period spent in custody awaiting trial at a later date. Usually sought out against people who have committed particularly violent crimes – those thought to be a risk to society.

Detention and Interrogation: Once a person is under arrest they may be detained by police for a period of

up to 4 hours. Police can lawfully detain a person for longer than 4 hours (up to 8hrs) by

applying for a warrant. This doesn’t include “time out” periods. Time outs cannot exceed two hours; otherwise they become part of the 4-

hour investigation period. When arrested and taken into police custody, the accused has the right to

remain silent and not to answer any questions put by police unless specifically compelled to do so by law.

There is no requirement for an accused to take part in an electronically recorded interview. If the accused does participate in the interview, the police must provide the accused with a copy of the interview.

Rights of the suspect: Has a right to be informed of the 4-hour investigation period and the possible

extension of it. The custody manager must also inform the person of their right to contact someone to accompany them.

Has the right to remain silent, and must be cautioned that anything they say could be used as evidence against them.

A suspect has the right to be informed as to why they have been arrested.

Criminal Trial ProcessCourt Jurisdiction: The NSW court jurisdiction is hierarchal, providing opportunities for appeal. Most criminal cases begin in the Local Court, which deals with the vast majority of criminal cases. Original jurisdiction: the power to hear the case for the first timeAppellate jurisdiction: the power to review a lower court’s decision

Local Court: Most criminal cases begin here. Presides over a magistrate, no jury. Deals with summary matters and less serious indictable matters. No appellate jurisdiction. Doesn’t hear appeals, but hears committal proceedings to determine whether a prima facie case exists.

Children’s Court: Deals with offender under 18. Closed court, presided over a magistrate, no jury, rehabilitation is the primary purpose of sentencing, and imprisonment is a last resort.

Coroner’s Court: Presided over a coroner, deals with unexplained deaths and fires, inquisitorial approach

District Court: Has appellate jurisdiction from the Local Court for both severity and de novo appeals. Presided over a judge, trial by jury and deals with majority of serious criminal offences e.g. robbery

Supreme Court: Has appellate jurisdiction from the District and Local Court, including stated cases. Deals with error of law by magistrates. Presided over a judge and jury. Deals with most serious criminal offences e.g. murder

High Court: Highest appeal court in Australia for both civil and criminal matters. Deals with appeals from the Supreme, Federal and Family Courts. Also deals with cases concerning interpretation of the constitution and breaches of Commonwealth law. Its decision is final.

Drug Court: Established and governed by the Drug Court Act, aims to tackle drug behaviour by ensuring that drug dependent offenders receive treatment, the court aims to break the cycle of addiction and crime. Has both Local and District Court jurisdiction.

Court of Criminal Appeal: Has appellate jurisdiction for the District and Supreme Court, the highest criminal appeal court in NSW.

Youth Drug and Alcohol Court: Administered by the Children’s Court, aims to rehabilitate young offenders whose addictions to drugs/alcohol has led to a cycle of offending. Brings a multi agency response to providing support to young people

The Adversary System: The criminal justice system in Australia is based on an adversarial system of

law. The adversary system relies on a two-sided structure of opponent sides (adversaries), each presenting their own position, with an impartial judge or jury hearing each side and determining the truth in the case.

In criminal law, the adversary system pits the prosecution against the accused, who will usually be represented by the defence. The judge/jury in indictable offences acts as an impartial observer who determines the accused’s guilt or innocence based on the evidence and arguments presented.

Supporters of the adversarial system often claim that it is a fairer system because it allows each party equal opportunity to present their cases and is less prone to abuse or bias by the official determining the case. Opponents of the system argue that in many cases the competing sides are not equal before the law, with potential imbalances in resources, skills or knowledge.

The system has also been criticised for use of the jury system, where complex technical cases might be misunderstood due to a lack of understanding of the evidence presented and where the reasons for the jury’s decision are not disclosed to either side.

Legal Personnel: Magistrate: The judicial officers that preside over hearings in the Local Court,

and make a determination on the basis on the evidence presented. Once a magistrate has determined the guilt of the accused, the magistrate will also pass an appropriate sentence. They will also conduct committal hearings for indictable offences to be tried, and will usually hear bail proceedings.

Judge: presides over the intermediate and superior courts. They oversee proceedings, ensuring that the procedures of the court are followed. Judges will make decisions about points of law and give instructions to the jury to make sure they understand the proceedings and the evidence presented. After the jury’s verdict, the judge will hand down the sentences and rulings. Some cases will have no jury and the judge will be responsible for making the final determination in the case.

Police: to investigate alleged crimes and to gather evidence to support the prosecution case

Prosecutor: brings the action against the accused. It is the prosecutor’s role to prosecute the offender in a court of law and obtain an appropriate form of sanction or punishment for the offence. There are two types of prosecutors in criminal trials: police and public prosecutors.

Director of Public Prosecution: The DPP is independent of the police and the government. They are responsible for the carriage of indictable matters, including running Committal Proceedings in the Local Court as well as trials in the District and Supreme Court. The DPP also has the carriage of any appeal in relation to an indictable matter, whether as respondent or appellant.

Public Defenders: to present evidence and argument to the court in support of the defence’s case both in the first instance and on appeal. Barristers, as specialist advocates, appear for the defence in more complex and serious criminal matters in higher courts. It is also part of their role to conduct any relevant negotiations with the prosecution, e.g. charge negotiation. Accordingly, they play an important role in ensuring that justice is accessible to people who suffer economic advantage.

Pleas and charge negotiation: A plea is a formal statement of guilty or not guilty entered into by the

accused. If a plea of guilty is entered, the accused is sentenced. The accused may or may not be remanded in custody during that time, dependent on the severity of the offence. The severity of the offence will determine which court imposes the sentence

Plea-bargaining involves negotiation between the defence and the prosecution about the charges against the accused. It’s the agreement between the prosecution and the accused on the acceptance of a guilty plea, usually in exchange for other higher charges to be withdrawn, or pleading guilty in exchange for a lesser sentence.

Legal representation: adequate access to justice is crucial to ensure the legal system functions fairly and equally for all parties who come before it. Legal Aid NSW provides legal assistance and representation to people who are socially and economically disadvantaged to ensure that they have equitable access before the law.

Burden and standard of proof: In criminal matters, the burden of proof rests with the prosecution to prove

the case against the accused

The standard of proof is the level of proof required for a party to succeed in court

In criminal matters, the standard of proof is beyond reasonable doubt, which requires the prosecution to show there is no reasonable doubt that the accused committed the offence.

Use of evidence: Police will need to gather enough evidence to support a charge against the accused in court. Different types of evidence include real evidence, like physical and documentary evidence and witness testimony. Witnesses are central to the provision of evidence in both the prosecution and defence cases.

Defences to criminal charges: A defendant may have a legal defence available in order to defend a charge in court.

Complete Defences: result in the complete acquittal of the accused. Depending on the nature of the offence, complete defences to a charge can include mental illness or insanity, mistake, self-defence or necessity or duress.

Partial Defences: result in the charge or sentence being reduced. These defences only relate to murder, reducing the charge to manslaughter. There are 3 defences, infanticide, provocation and substantial impairment (diminished responsibility). The accused must show that at the time of death, the accused’s capacity to comprehend the right or wrong action or to control themselves was substantially impaired.

The role of juries: It is the jury’s role to listen to evidence and to declare which evidence is truthful. On the basis of the evidence provided, they give a verdict. There are up to 12 people on a jury, and a jury is chosen at random from the electoral roll. Citizens are exempt from jury duty if they are medical practitioners, persons who are at least 17 years old and persons with the sole care, custody and control of children under 18 years old.

Sentencing and Punishment:Statutory and judicial guidelines: inform the exercise of judiciable discretion in the area of sentencing. They aim to provide greater uniformity in sentencing matters and enhance the integrity of the process.

Judicial guidelines (previous cases): set by the NSW Court of Criminal Appeal. They are not binding but their aim is to structure discretion. They indicate that in the normal course, a custodial sentence should be imposed unless exceptional circumstances exist.

Statutory guidelines (parliament): a number of acts inform the exercise of judicial discretion. These acts prescribe the maximum sentence that may be imposed for various offences, or general guidelines in relation in sentencing.

The purpose of punishment: the purposes for which a court may impose a sentence on an offender include; to ensure that the offender is adequately punished for the offence, to prevent crime by deterring the offender and other person from committing similar offences and to promote the rehabilitation of the offender.

Deterrence: to discourage people from offender in the future. There are two types of deterrence:

o Specific: punishment against an individual offender aiming to deter them from committing crime in the future.

o General: punishment attempting to make an example of an offender in order to send a message to the rest of the community that the law is serious about punishing people

Retribution: punishment considered to be morally right or deserved based on the nature of the crime. It encompasses the notion that “the punishment should fit the crime”. Aims to ensure that the punishment is proportionate to the crime but not violently or physically.

Rehabilitation: an objective of sentencing designed to reform the offender to prevent them committing offences in the future. It’s primarily aimed at tackling the problem of recidivism.

Incapacitation: to make an offender incapable of committing further offences by restricting their freedom. It aims to protect society by removing the offender. One of the dangers of incapacitation is uncertainty of re-offending. As it is a severe penalty, the likelihood of the offender re-offending should be considered in each case to ensure the sentence is not unnecessarily excessive.

Factors affecting a sentencing decision: Aggravating Factors: circumstances that make the offence more serious and

can lead to an increased sentence. Some aggravating factors include; offence (if it included violence, weapons or hatred motivated crime), the victim (if they were vulnerable, targeted or if there was multiple) and the offender (if they abused a position of trust or authority, or if they are a re-offender).

Mitigating Factors: circumstances that make the offence less severe and can lead to a reduced sentence. Some mitigating factors include; if the offender is of good character with no prior convictions, if the offender pleaded guilty or assisted police and if the offender was somehow provoked or was acting under duress.

The role of the victim in sentencing: Victims are permitted to give a victims impact statement to the Court, a written statement by the victim or victim’s family about the impact the crime has had on them, heard at the time of sentencing. This legislative change has been a positive development as the statement gives victims a voice in the judicial process. It is a matter of judicial discretion as to what weight, if any, the judge will give the victims impact statement.

Appeals: a person convicted of an offence and sentenced has the right to appeal their case. A defendant has the right to appeal to a higher court against the severity of their sentence. If it is claimed by the defendant that an error of law was made in the original hearing, they can also appeal to a higher court against their conviction. The prosecution can also appeal if they believe that the sentence imposed is too lenient. The party appealing is known as the appellant. There are two types of appeals in criminal cases:

Appeal against conviction: an appeal where the appellant (the defendant) argues that they did not commit the offence for which they were found guilty

Sentence appeal: an appeal against the severity or leniency of a sentence

Types of penalties: the type of penalty imposed will depend upon the judge or magistrate considering the matters involved in the offence.

No Conviction Recorded: While the offence is found proved, the court records no conviction and hence the offender does not receive a criminal record.

Caution: A formal warning without charge issued by police for less serious offences.

Fine: Monetary penalty imposed for infringement of a law. Bond: A compulsory condition imposed on the offender for a period of time,

which the offender undertakes to comply with. Suspended Sentence: A sentence of imprisonment imposed but suspended

on condition of good behaviour. Probation: A type of good behaviour bond where the offender is released on

condition of good behaviour but placed under some form of supervision. Criminal Infringement Notice: A notice issued by the police outside of court

alleging a criminal infringement and requiring payment of a fine. Penalty Units: A specified unit of money used in legislation to describe the

fine payable. Community Service Order: Where the offender is sentenced to serve

specified hours of work in the community. Home Detention: Imprisonment sentence where the offender is confined to

their home under certain conditions of monitoring. Periodic Detention: Imprisonment sentence where the offender spends a

period of each week or month in prison and the rest of the time at home. Forfeiture of Assets: Loss of rights to property or assets and a penalty for

wrongdoing. Imprisonment: Involves sentencing an offender to a full time period of

imprisonment. It’s the harshest penalty, which a court can impose. Diversionary Programs: An alternative to the traditional court system.

Diversionary programs focus on therapeutic justice and rehabilitation of offenders.

Alternative methods of sentencing: Circle Sentencing: A form of sentencing for some adult Aboriginal offenders

where sentencing is conducted in a circle of local community members and a magistrate. Aims to enhance their respect for, and thus their compliance with, the law by incorporating aspects of Aboriginal Customary Law.

Restorative Justice: A form of sentencing involving a voluntary conference between the offender and the victim. It aims to get the offender to take responsibility for their crime through the process of direct interaction with the victim. This objective facilitates the victim being given a voice and also hears the offender express their remorse and apologise for their actions.

Post-sentencing considerations: Security classifications: determining what prison and level of security is

required Protective custody: for offenders who are particularly vulnerable to attack by

other prisoners Parole: conditional release of a prisoner after completion of the minimum

term of imprisonment Preventative detention: holding a person in custody in case of some future

harm that they may commit, but without having committed an offence Continued detention: on-going detention of a person after they have already

served their full sentence Sexual offenders registration Deportation: offenders who are not Australian citizens may be subject to

deportation if they receive a custodial sentence of 12 months or more.

Young Offenders:Age of criminal responsibility:

In NSW, the statute defines the age of criminal responsibility as 10 years of age (under the Children’s (Criminal Proceedings) Act 1987 NSW) meaning a child under the age of 10 cannot be prosecuted for a crime. This is based on the immaturity and vulnerability of children, and their inability to form the requisite of mens rea.

The common law assumption of doli incapax refers to a presumption that a child is “incapable of crime” and operates in respect of children charged with a criminal offence between the ages of 10-14.

The jurisdiction in a children’s case must be able to prove against doli incapax, and prove that the child knew that their actions were not just wrong but knew that they were criminally wrong.

0-9 years Cannot be charged with a crime. Doli incapax applies.

10-13 years Rebuttable presumption of doli incapax. Presumed not capable of committing an offence, but prosecution may show otherwise.

14-15 years Criminally responsible for any offence, but no conviction can be recorded unless it be a serious offence

16-17 years Criminally responsible for any offence, conviction may be recorded. The case will still be heard in the Children’s Court

18 years + Full adult criminal responsibility. If the offence was committed before the accused’s 18th birthday, the case can still be heard in the Children’s Court until they turn 21

The rights of children when questioned or arrested:

Police are entitled to require that a young person provide them with their name, address and proof of identity

Police have no general power to detain a child for the purpose of questioning. A child or young offender cannot be taken to the police station unless they are under arrest and a parent or guardian must be contacted

Children and young persons are entitled to exercise their right to silence and do not have to participate in a record of interview with police.

A child cannot be questioned by police for more than two hours at any one time

A child is entitled to have their parent, guardian or solicitor during questioning. IF the child is under 16 years, parental permission must be obtained or another supporting adult to be present during questioning

Children’s Court – procedures and operation: The court only hears proceedings for offender under 18 years, or under 21

years and were less than 18 when charged with the offence Closed court, and the proceedings aim to be less formal Presided over by a magistrate, and there is no jury The names of children and young people appearing in the Children’s Court

are not published, and it’s an offence for media outlets to do so. Under very special circumstances will the court actually grant permission for names to be published in the media.

Penalties for children: The primary aim of a court when imposing a penalty on a child or young person is to rehabilitate them and give them an opportunity to rebuild their lives and hopefully not reoffend.

Magistrates will often request that Juvenile Justice prepare a background report on the child to assist them in the sentencing process

If the young offender is found guilty of a crime, the following penalties may be imposed:

o A cautiono Referral to a Youth Justice Conferenceo A fine (max. of $1000)o Community Serviceo Good behaviour bondo The young offender may be placed on a control order to be served in

a Juvenile Detention facility for a max. of two years for one offence and three years in total for more than one offence.

Alternatives to court: there are programs in place for children and young offenders that offer an alternative to the formal criminal justice process that is played out through the courts. In NSW, the Young Offenders Act, with the aim to encourage rehabilitation, reduce rates of recidivism and reduce the burden on the court system. The program only applies to summary and minor indictable offences and does not apply to serious offences. Under the Act, children and young offenders who have committed an offence covered in the Act may proceed through a three-tiered system of diversionary processes – warnings, cautions and youth justice conferences.

Warning: a notice given to a young offender (usually for a first minor offence) that is recorded by police but with no conditions attached; the offender must be told of the nature, purpose and effect of the warning

Caution: a formal, recorded alternative to prosecution where the young offender admits to the offence and consents to receiving a formal police caution; it can later be taken into account at the Children’s Court, but not an adult court

Youth Justice Conference: a measure to divert young offenders from the court system through a conference that addresses the offender’s behaviour in a more holistic manner

International Crime:International crime can be said to be any act or omission that have international consequences on national states, their citizens and international law.

Categories of international crime: There are two broad categories of international crime:

Crimes against the international community: a most serious crime of concern to the international community as a whole and recognised as punishable by the international community. These crimes are recognised for their heinous nature, and are ratified by numerous conventions and treaties. Examples include:

o Genocide: involves acts that have the intention of destroying all or part of a national ethnic, racial or religious groups

o Crimes against humanity: consists of knowledge of a sanctioned widespread or systematic attack against any civilian population

o War Crimes: can include things such as the unnecessary destruction of towns, villages and/or other infrastructure without any military importance.

Transnational Crimes: crimes that cross international borders. They can also be crimes committed in one country that may have significant implications for other countries. Examples include drug trafficking and people smuggling

Dealing with international crime: International crime presents particular problems. Ease of travel between nation states and technological developments has made it increasingly difficult for such crimes to be investigated. Further, enforcement is an issue, due to the notion of state sovereignty, which limits the jurisdiction of a domestic country’s laws and legal system.

Domestic measures: domestic responses to international crime are limited by jurisdiction. Australian law enforcement cannot operate in a foreign country. Australian courts do not have the jurisdiction over crimes committed under foreign laws and Australian parliaments cannot legislate on the laws of other countries. As a result, the effectiveness of the Australian legal system to respond is inhibited without co-operation from foreign countries.

CRIMES AGAINST THE INTERNATIONAL COMMUNITY The most significant recent development in Australia for dealing

with crimes against the international community was the signing and ratification of the Rome Statute. As a consequence, any crime against the international community outlawed by the Rome Statute is also criminalised in Australia.

TRANSNATIONAL CRIME AFP: Established to enforce Commonwealth criminal law and to

protect Australia’s interests from crime in Australia and overseas. The role of the AFP has grown considerably in recent years with the growth in transnational crime.

Australian Crime Commission (ACC): a national statutory body established under the Australian Crime Commission Act to combat serious and organised crime. It investigates matters of national concern and delivers specialist law enforcement capabilities to assist in investigating and analysing intelligence concerning national and transnational crimes.

Australian Customs and Border Protection Service: a national agency responsible for the security and integrity of Australian borders. The agency closely works with other government and international agencies to detect and deter the unlawful movement of goods or people across Australia’s borders.

International measures: there have been any different international measures aimed at tackling international crime. These measures can be generally divided into three categories:

o Co-operation between governments through international treaties and organisations targeted at specific types of international crime

o International courts and tribunals to deal with enforcement of international crimes

o Co-operation and intelligence sharing between national and sub national agencies to tackle problems of trans-border crime

CRIMES AGAINST THE INTERNATIONAL COMMUNITYGovernments have showed continuing commitment and close co-operation in their development of international treaties such as the Geneva Conventions and the Rome Statute of the International Criminal Court. It is in the nature of such crimes that the international community recognises and universally agrees to condemn them.

Extradition treaties: the legal surrender of a suspect or convicted criminal by one jurisdiction to another to face criminal charges or sentence. It is the process of returning to a jurisdiction a person who has either been convicted of a crime in that jurisdiction or accused of committing a crime, and has subsequently left the jurisdiction. In Australia, extradition of offenders occurs between states and also between Australia and other nation states. For a person who is fleeing to be brought to justice, bilateral agreements that cover international extradition need to be established between the involved countries. That way, the country to extradite the criminal

can legally surrender them.TRANSNATIONAL CRIMEThere is a long list of international organisations and international treaties that aim to combat transnational crimes, either in general or targeting specific crimes.

International Criminal Police Organisation (INTERPOL): the world’s largest international police organisation established in 1923 to facilitate collaboration among intelligence agencies around the world. Its role is to prevent or combat international crime. INTERPOL currently has six priority crime areas: drugs and criminal organisation, public safety and terrorism, financial and high-tech crime, trafficking in human beings, fugitives and corruption

International Criminal Court (ICC): A court of last resort, the ICC is intended to complement rather than exclude existing national criminal justice systems. The court was established by the international community as a permanent court and a separate international entity, with the Rome Statute given it jurisdiction over genocide, crimes against humanity and war crimes. The ICC can only prosecute a case where state courts cannot or are willing to do so. The ICC can only exercise jurisdiction where:

o The accused is a national or a member state of a treatyo The alleged crime occurred in the territory of a member stateo The situation is referred to the ICC by the UN Security Council