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LSC Duty Solicitor Handbook
Legislation
Acts and legislation
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C
Children and Young People (Safety) Act 2017 (SA),
Breach direction not to communicate with, harbour or conceal child or young person
Relevant legislation and regulations
Jurisdiction and powers
Child protection legislation
The priorities of the Children and Young People (Safety) Act 2017
Notification of abuse or neglect
Instruments of guardianship or restraining notices
Investigations
Voluntary custody agreements
Family group conferences
Care and Protection Orders
Legal representation
Evidence
Assessment, treatment and detention orders for drug dependency
Commonwealth of Australia Constitution Act (Cth),
Indictable Offences
Consent to Medical Treatment and Palliative Care Act 1995 ,
Assessment, treatment and detention orders for drug dependency
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 (Pure Amounts) Amendment Act 2022 (SA),
Trafficking in controlled drugs
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
Serious drug offence and serious offence against the person
State offences
Forfeiture Orders
Drug Offences
The Controlled Substances Act 1984 (SA)
Introduction
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
Relevant legislation and regulations
Assessment, treatment and detention orders for drug dependency
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 condition not to commit an offence
Parole and Terror Suspects
Apprehension and hearing for breaches
Sentence for offences committed whilst on parole
Release on home detention
Breaches of prison regulations
Appeals
The consequences of a finding of unfitness to stand trial
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
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
Additional requirements for Commonwealth child sex offences
Global penalty
Reparation orders
Relevant legislation and regulations
Summary matters
Indictable matters
Sentencing considerations
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
Confiscation of assets or profits
Criminal Code Act 1995 (Cth),
Intensive correction orders
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
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 2022 ,
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
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 pursuant to the Sentencing Act 2017 (SA)
Sentencing considerations
Release on undertaking to complete the program
General Sentencing Purposes, Principles and Factors
Cooperation with law enforcement - s 37
Discount for early guilty plea - ss 39 and 40
Primary and secondary sentencing purposes
State offences
Discount for early guilty pleas
Education programs
Criminal Law Consolidation (General) Regulations 2021 (SA),
Extreme Speed
Aggravated extreme speed
The consequences of a finding of unfitness to stand trial
Criminal Law Consolidation Act 1935 ,
Section 269 matters
Eligibility criteria
Assessment report
Dismissal of the charge
Arrest for offending
State Legislation
Summary offences
Minor Indictable Offences
Homicide arrests and other sensational matters
Legislation relevant to guilty pleas
Cooperation with law enforcement - s 37
State offences
Aggravating factors
Serious repeat offenders
Release on parole
Traffic Offences
Relevant legislation
Clamping, impounding and forfeiture of motor vehicles
Aggravating factors
Dangerous driving to escape police pursuit
Extreme Speed
Using motor vehicle without consent
Aggravated driving without due care
Aggravated extreme speed
Brief penalty summary
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
Summary matters
Notification of abuse or neglect
Criminal Procedure Act 1921 (SA),
Using Interpreter Services
Other search warrants and police powers
Arrest for child protection restraining orders
The Magistrates Court
The District Court
The Supreme Court
Summons
Information
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
Discount for early guilty plea - ss 39 and 40
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 a licence disqualification or imprisonment
Relevant legislation and regulations
Jurisdiction and powers
Removal when at risk of serious harm
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 2024 (SA),
Application of the Cross-border Justice Act 2009 (SA)
Application of the Cross-border Justice Act 2009 (SA)
Customs Act 1901 (Cth),
Right to silence
Introduction
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