What is Criminal law in Australia?
Criminal law in Australia is the body of law that relates to crime and regulates conduct in society to protect the community, providing sanctions against those who commit crimes. The responsibility for criminal law in Australia is divided between the state and territory parliaments and the Commonwealth.
Criminal Law System in different states in Australia
The criminal law system differs across Australian states, with distinctions readily found across jurisdictions regarding criminal offences, sentencing, and criminal procedure. There are ‘Code States’ (Western Australia, Queensland, and Tasmania) that have wholly replaced the system of judge-made criminal law inherited from England with legislative instruments that exhaustively define the criminal law within those states.
On the other hand, there are ‘Common Law States’ (New South Wales, South Australia, and Victoria) where the criminal law has been retained as inherited through the common law, albeit modulated through legislation and subsequent common law development by Australia’s courts.
Purpose of Criminal Law
The purpose of criminal law in Australia is to maintain social order, protect individuals and property, deter criminal behavior, rehabilitate offenders, and provide justice for victims. It also aims to uphold public confidence in the justice system and ensure that the guilty are punished and the innocent are not an example of a difference in definition in a different state is the Criminal Code (WA), which is a complete codification of Western Australia’s criminal law. The code is substantially similar to Queensland’s criminal code and was constructed with close reference to the Griffith code.
How does the australian government enforce criminal law?
The Australian government enforces criminal law through various law enforcement agencies at the federal, state/territory, and local levels. The primary law enforcement agency at the federal level is the Australian Federal Police (AFP), which has a broad mandate to enforce Australian criminal law and protect national interests. Additionally, there are other agencies with powers confined to specific areas, such as the Australian Border Force for customs and immigration, and various agencies for white-collar crime.
Do you need to be a lawyer to practice criminal law?
In Australia, to practice criminal law, one typically needs to be a qualified lawyer. Criminal lawyers, also known as criminal defence lawyers, provide legal advice and representation to individuals and companies charged with criminal offenses. They have a duty to advocate on behalf of their clients and ensure their rights and interests are protected throughout the criminal process.
