Acts and legislation

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C

Children's Protection Act 1993 (SA) Who may apply to the Court? Relevant legislation and regulations Jurisdiction and powers Time limits upon lodgement of application to commencement of trial
Commonwealth of Australia Constitution Act (Cth) Indictable Offences
Controlled Drugs, Precursors and Cannabis Amendment Act 2008 Cultivation of five cannabis plants, artificially enhanced cultivation and supply
Controlled Substances (Controlled Drugs, Precursors and Cannabis) Amendment Act 2008 Sentencing Considerations
Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 (SA) Schedule One Part One: Expiation of simple cannabis offences Expiation fees for simple cannabis offences Prosecution of simple cannabis offences Cultivation of five cannabis plants, artificially enhanced cultivation and supply Cultivation of cannabis deemed to be for the purpose of sale or supply Possession of cannabis deemed to be for the purpose of sale or supply Possession of equipment Manufacturing drugs of dependence Quantity deemed to be for the purpose of sale or supply
Controlled Substances (Poisons) Regulations 2011 Controlled Substances (Poisons) Regulations 2011 Prescription drugs Sale or supply of volatile solvents
Controlled Substances (Possession of Prescribed Equipment) Amendment Act 2007 Possession of Prescribed Equipment
Controlled Substances (Serious Drug Offences) Amendment Act 2005 The Controlled Substances Act 1984 (SA) Possession Drug categories Expiation of simple cannabis offences Possession and use of cannabis Supply or administer cannabis Cultivation of five cannabis plants, artificially enhanced cultivation and supply Cultivation of cannabis for sale “To cultivate” A step in the process of cultivation Cultivation of cannabis deemed to be for the purpose of sale or supply Cultivation of one cannabis plant for sale Sale of Cannabis Possession of cannabis deemed to be for the purpose of sale or supply Possession of one cannabis plant for sale Trafficking in cannabis Simple possession offences Drugs of dependence - personal use and supply Manufacturing drugs of dependence A step in the process of manufacture Definition of “sell” A step in the process of sale Sale or possession of equipment Sentencing Considerations
Controlled Substances Act 1984 Other search warrants and police powers State Legislation State offences Forfeiture Orders Drug Offences Introduction The Controlled Substances Act 1984 (SA) Possession Drug categories Controlled Drug Drug of Dependence Controlled Plant Controlled Precursor Prescription Drug The Regulations Controlled Substances (Poisons) Regulations 2011 Expiation of simple cannabis offences Prosecution of simple cannabis offences Possession and use of cannabis Supply or administer cannabis Cultivation of five cannabis plants, artificially enhanced cultivation and supply Cultivation of cannabis for sale “To cultivate” A step in the process of cultivation Cultivation of cannabis deemed to be for the purpose of sale or supply Cultivation of one cannabis plant for sale Sale of Cannabis Possession of cannabis deemed to be for the purpose of sale or supply Possession of one cannabis plant for sale Trafficking in cannabis Simple possession offences Possession of equipment Referral to assessment service for drug misuse intervention Appearance before an assessment panel Undertakings for treatment Withdrawal of complaint, release from custody and discharge of bail agreements Immunity from prosecution Prosecution of a simple possession offence Termination of referral to assessment service Drugs of dependence - personal use and supply Manufacturing drugs of dependence A step in the process of manufacture Quantity deemed to be for the purpose of sale or supply Definition of “sell” A step in the process of sale Production, promotion and sale of controlled drug alternatives Trafficking in controlled drugs Quantity deemed to be for the purpose of sale or supply Offences involving children and school zones Prescription drugs Possession of Prescription Drugs Forged Prescriptions Sale or supply of volatile solvents Sale or possession of equipment Possession of Prescribed Equipment Sentencing Considerations
Correctional Services Act 1982 Early Release on home detention Arrest for breach of parole Parole warrants State offences The fixing of non-parole periods Release on parole Parole conditions Breach of firearms conditions or condition not to commit an offence Apprehension and hearing for breaches Sentence for offences committed whilst on parole Release on home detention Breaches of prison regulations Appeals
Correctional Services Regulations 2001 Breaches of prison regulations Appeals
Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 (Cth) Introduction
Crimes Act 1914 (Cth) Commonwealth offences Bail applications Sentencing considerations Discharge without recording a conviction Other search warrants and police powers Expiable Offences Commonwealth Legislation Summary Offences Indictable Offences Failure to answer a summons State offences Other Commonwealth matters General sentencing options for Commonwealth offences Discharge without recording a conviction Record a conviction and release on a bond Community service order (CSO) Recording a conviction and imposing a sentence of imprisonment Breach of recognisance release orders Where the defendant is serving or subject to another sentence Where the defendant is sentenced to Commonwealth and State offences Setting non-parole periods for State and Commonwealth offences Global penalty Reparation orders Relevant legislation and regulations Summary matters Indictable matters Sentencing considerations Terminology used in the Young Offenders Act 1993
Crimes Amendment (Bail and Sentencing) Act 2006 (Cth) Commonwealth offences
Criminal Assets Confiscation Act 2005 Other search warrants and police powers State offences Forfeiture Orders
Criminal Code Act 1995 (Cth) Relevant legislation and regulations Summary matters
Criminal Investigation (Extraterritorial Offences) Act 1984 Other search warrants and police powers Arrest for interstate offence(s)
Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 Clamping, impounding and forfeiture of motor vehicles Driving an unregistered and uninsured vehicle Excessive speed Misuse a motor vehicle Driving with a suspended driver’s licence Driving under the influence of alcohol (DUI) Prescribed concentration of alcohol (PCA) Driving with prescribed drug present in oral fluid or blood Reckless and Dangerous Driving Aggravated driving without due care
Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Regulations 2007 Clamping, impounding and forfeiture of motor vehicles Driving an unregistered and uninsured vehicle Misuse a motor vehicle Driving under the influence of alcohol (DUI) Prescribed concentration of alcohol (PCA) Driving with prescribed drug present in oral fluid or blood Reckless and Dangerous Driving Aggravated driving without due care
Criminal Law (Forensic Procedures) Act 2007 Right to an interpreter Use of reasonable force Procedures to be humane and in accordance with medical standards Search procedures Forensic procedures Suspects procedures Definition of a serious offence Simple identity procedure Authorisation for a forensic procedure Offenders procedures Directions to persons not in custody DNA Database Systems
Criminal Law (High Risk Offenders) Act 2015 (SA) Eligibility for bail
Criminal Law (Sentencing) Act 1988 Sentencing Conferences General Sentencing Principles Pre-sentence Reports Intervention program Bail Bail to undertake assessment for an intervention program Bail for participation in an intervention program Failure to comply with the conditions of an intervention program Sentencing Considerations Deferral of sentence General Sentencing Principles Intervention program as a condition of a bond Sentencing Conferences Assessment report The sentencing conference Sentencing Considerations Eligibility criteria Without conviction or penalty Dismissal of the charge Release on undertaking to complete the program Other sentencing options The Magistrates Court Expiable Offences Warrant for failure to perform community service (unpaid fines) Legislation relevant to guilty pleas General Sentencing Principles Factors relating to the offence Factors relating to the victim Factors relating to the defendant Factors relating to the underlying principles of sentencing Other relevant considerations Cooperation with law enforcement - s 10A Discount for early guilty plea - ss 10B and 10C The imposition of pecuniary sums Trifling offences Penalty without conviction Objectives of a simple guilty plea Pre-sentence reports Retribution Rehabilitation The safety of the community State offences Pleading guilty and the finding of guilt Sentence The sentencing process How a sentencing court informs itself The presence of defendants during sentencing procedure The Criminal Law (Sentencing) Act 1988 (SA) sections 10, 10A, 10B and 10C Specific discount for an early plea of guilty and cooperation with law enforcement Character and antecedents of the defendant Information about injury, loss or damage suffered by a victim Victim impact statements Pre-sentence reports What the Court must not have regard to in Sentencing Sentencing for multiple offences Reduction of minimum penalty Substituting or adding penalties Home Detention Orders Trifling applications Penalty without conviction Pecuniary orders Fines Compensation Orders Restitution of property Community service Restrictions on the performance of community service Application to vary, revoke or extend a community service order Breach of Community Service Order Good behaviour bonds Variation, revocation, discharge of bonds Breaches of bonds Education programs Imprisonment Suspended sentence of imprisonment Partly suspended sentence of imprisonment Suspended sentence with a home detention condition Breach of suspended sentence Intervention and Restraining Orders Reasons for sentence Rectification of sentencing errors Re-sentencing for failure to comply with an undertaking under s 10A Criminal Law (Sentencing) Act 1988 (SA) Sentence for offences committed whilst on parole Expiation reminder notices Sentencing Considerations Relevant legislation In cases of hardship Reduction of demerit points by a court Suspension of driver’s licence for unpaid fines Driving with a suspended driver’s licence Relevant legislation and regulations Relevant legislation and regulations Sentencing considerations Penalties Suspending a custodial sentence
Criminal Law Consolidation Act 1935 Section 269 matters Eligibility criteria Assessment report Dismissal of the charge Other sentencing options Arrest for offending State Legislation Summary offences Minor Indictable Offences Major indictable offences Legislation relevant to guilty pleas Cooperation with law enforcement - s 10A State offences Aggravating factors Traffic Offences Relevant legislation Clamping, impounding and forfeiture of motor vehicles Aggravating factors Dangerous driving to escape police pursuit Using motor vehicle without consent Aggravated driving without due care Relevant legislation and regulations Mental incompetence and mental unfitness to stand trial Incompetence to commit the offence The consequences of a finding of mental incompetence Unfitness to stand trial The consequences of a finding of unfitness to stand trial Summary matters Youth Court Diversion Program
Cross-border Justice Act 2009 Application of the Cross-border Justice Act 2009 (SA) Arrest for offending Application of the Cross-border Justice Act 2009 (SA)
Cross-border Justice Regulations 2009 Application of the Cross-border Justice Act 2009 (SA) Application of the Cross-border Justice Act 2009 (SA)
Customs Act 1901 (Cth) Introduction

D

District Court Act 1991 The District Court The Supreme Court Summons
Domestic Violence Act 1994 Are restraining orders still made?

F

Family and Community Services Act 1972 Closed court
Family Law Act 1975 (Cth) (Cth) What can an intervention order contain?
Firearms Act 1977 Other search warrants and police powers State Legislation State offences

G

Graffiti Control Act 2001 Clamping, impounding and forfeiture of motor vehicles
Guardianship and Administration Act 1993 Relevant legislation and regulations

L

Legal Services Commission Act 1977 Payment of costs and fines
Liquor Licensing Act 1997 Drunk and disorderly people

M

Magistrates Court (Fees) Regulations 2004 (SA) Court fees
Magistrates Court Act 1991 The Magistrates Court The Supreme Court Summons State Legislation Summary offences Minor Indictable Offences Penalty Summaries Divisional Penalties Court fees Sentencing appeals Comprehensive penalty summaries
Magistrates Court Rules 1992 (SA) When clients lie to the court or falsify documents Intervention Orders Summons Complaint Information Victim impact statements Magistrates Court Rules 1992
Mental Health Act 2009 (SA) Psychiatric report Relevant legislation and regulations Bail conditions where there is a Mental Health Act 2009 order for involuntary detention
Migration Act 1958 (Cth) State offences
Motor Vehicles (Miscellaneous No 2) Amendment Act 2009 (SA) Previously disqualified due to a serious drink driving offence
Motor Vehicles Act 1959 State Legislation Legislation relevant to guilty pleas Traffic Offences Relevant legislation Points Demerit Scheme Summary of demerit points Disqualification Reduction of demerit points by a court Clamping, impounding and forfeiture of motor vehicles Failing to stop after an accident Failure to obey directions, answer questions or produce a licence Driving an unregistered and uninsured vehicle Driver's Licences Driving without a licence Driving with a suspended driver’s licence Driving whilst disqualified Prescribed concentration of alcohol (PCA) Driving with prescribed drug present in oral fluid or blood Alcohol Interlock Scheme conditions Brief penalty summary
Motor Vehicles Regulations 2010 Relevant legislation Summary of demerit points

N

Narcotic Drugs Act 1967 (Cth) Introduction

P

Parole Orders (Transfer) Act 1983 State offences
Prisoners (Interstate Transfer) Act 1982 State offences
Prosecution Policy and Guidelines Prosecution Policy Guidelines
Public Intoxication Act 1984 Drunk and disorderly people

S

Serious and Organised Crime (Control) Act 2008 (SA) Other search warrants and police powers
Service and Execution of Process Act 1992 (Cth) Interstate warrants for unpaid fines Extradition warrants Persons in prison Persons determined to be “under restraint” Persons not “under restraint” Invalid extradition warrants Bail for extradition orders Supreme Court review
Service and Execution of Process Amendment (Interstate Fine Enforcement) Act 2010 (Cth) Interstate warrants for unpaid fines
Social Security (Administration) Act 1999 (Cth) Commonwealth Legislation Social security offences
Statutes Amendment (Petroleum Products) Act 2007 Sale or supply of volatile solvents
Statutes Amendment (Truth in Sentencing) Act 1994 (SA) Remission of sentence
Statutes Amendment (Young Offenders) Act 2007 Commencement of prosecution
Summary Offences (Drug Paraphernalia) Amendment Act 2008 Sale or possession of equipment
Summary Offences Act 1953 Using Interpreter Services Police powers General Search Warrants Other search warrants and police powers Stopping, searching and detaining vehicles, vessels and people Searching on land for stolen vehicles Drunk and disorderly people Request for personal details Request for information about the identity of drivers Arrest for offending Arrest for outstanding warrant(s) Arrest for interstate offence(s) Delivery to nearest police station Investigation of a suspected offence The rights of an arrested person Police caution Telephone call Solicitor, relative or friend Right to an interpreter Right to silence Refusal to allow a telephone call or presence of a particular person Use of reasonable force Procedures to be humane and in accordance with medical standards Search procedures Identity procedures Forensic procedures Police questioning and interviewing Being Charged State Legislation Summary offences Eligibility for bail Bail granted by police Enforcement of bail agreement Legislation relevant to guilty pleas Compensation Orders Forfeiture Orders Introduction Sale or supply of drug paraphernalia Relevant legislation Clamping, impounding and forfeiture of motor vehicles Failure to obey directions, answer questions or produce a licence Brief penalty summary Criminal investigation and arrest
Summary Procedure Act 1921 Using Interpreter Services Other search warrants and police powers Arrest for restraining orders The Magistrates Court The District Court The Supreme Court Summons Complaint Information Expiable Offences Summary offences Minor Indictable Offences Major indictable offences Failure to answer a summons The form of a warrant Endorsements about bail Defective arrest warrants Cancelling a warrant Pleading guilty and the finding of guilt Conviction Court fees Cost orders Intervention and Restraining Orders Rectification of sentencing errors Commencement by issuing a summons Written plea of guilty Failure to enter written plea of guilty and failure to attend court Sentencing procedure for a written plea of guilty Where the penalty may include imprisonment or a licence disqualification Relevant legislation and regulations Jurisdiction and powers Commencement of prosecution Removal of children in danger
Supreme Court Act 1935 The Supreme Court Summons
Supreme Court Civil Rules 2006 (SA) Sentencing appeals

V

Victims of Crime Act 2001 State offences Victims of Crime Levy

Y

Young Offenders Act 1993 Legislation relevant to guilty pleas Community service Restrictions on the performance of community service Good behaviour bonds Introduction Relevant legislation and regulations Jurisdiction and powers Magistrates Court Rules 1992 Youth Court Practice Directions Reporting restrictions on court proceedings Applying for a suppression order Reporting restrictions on police cautions and family conferences The Young Offenders Act 1993 (SA) Terminology used in the Young Offenders Act 1993 Youth Justice Administration Act 2016 Minor offence Informal police caution Formal police caution The nature of a formal police caution Powers and sanctions available in relation to a formal police caution Failure to comply with a formal police caution Family conference The nature of a family conference Powers and sanctions available to a family conference Failure to comply with a family conference Commencement of prosecution Jurisdiction to hear and determine criminal matters Criminal investigation and arrest Youth Court bail instructions Sentencing considerations Social Background Report Penalties Power to impose a custodial sentence A sentence of home detention Power to impose an obligation Undertaking from guardians Community Service Power to disqualify from holding or obtaining a driver’s licence Remittance or reduction of court fees Conditional release from a training centre Transfer to prison from a youth detention centre
Young Offenders Regulations 2008 Relevant legislation and regulations
Youth Court (Fees) Regulations 2010 Relevant legislation and regulations
Youth Court Act 1993 Relevant legislation and regulations Jurisdiction and powers The judiciary of the Youth Court Youth Court Rules Closed court Power to impose a custodial sentence Remittance or reduction of court fees Appeals
Youth Court Rules Youth Court Rules Magistrates Court Rules 1992 Youth Court Practice Directions Appeals
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