Criminal Justice System and Law Enforcement Agencies

in Australia

Greg Linsdell(MCrim, MEd, LLM)

Australia

• Population 22.5 million• GDP per capita $38,910

(about Rp 327 million)• Federal Parliamentary

Democracy• 8 States and Territories

Government• Federal

– Taxation– Legislation– External Affairs, Defence– Companies, Currency

• State– Legislation– State police, courts,

prisons– Roads, Schools

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.

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.

Common Law

• Based on UK system1.parliament made law and 2.court made law (Judge Law)

• Decisions of higher courts are binding on the lower courts.

• Judges cannot be sacked by the government.

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

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)

Illegal Drug Laboratories

Source: Schloenhardt 2007: 17

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

Sir Robert Peel

• Father of modern policing.• Policing “by the people, for the

people.”• Rule of Law• 1829 Principles

Peel’s Principles1. 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.

Peel’s Principles5. Police seek and preserve public favour not by catering to

public opinion but by constantly demonstrating absolute impartial service to the law.

6. 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.

7. 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

Peel’s Principles8. Police should always direct their action strictly

towards their functions and never appear to usurp the powers of the judiciary.

9. The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it.

State Police

Police Numbers

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.

Police per 100,000 people

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

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.

National Agencies

Police Support Agencies

Australia and New Zealand Policing Advisory Agency

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.

• A prosecution will be instituted when there are: 1. reasonable prospects of

securing a conviction; and 2. the public interest requires

a prosecution.

Prosecutions

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

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.

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”.

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

Prison v Community Programs

Prisons• Prisons are funded at a

State level.• Many prisons are now

privatised.• Technology is playing an

increasingly important role in detention.

Prison Population

Prisoners, from 1984 to 2007 (persons per 100,000)                                

InternationalPrison Rate Comparison

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

http://www.kcl.ac.uk/depsta/law/research/icps/worldbrief/index.php?search=A

Prisoners per 100,000

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)

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.

Police Oversight and Anti-Corruption

• Royal Commissions – Scandal and Reform

• Independent Complaint Handling

• Anti-Corruption Investigative Bodies

• Internal Disciplinary System

• Media & transparency