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Acts and legislation

A

Australian Road Rules State Legislation Relevant legislation Summary of demerit points Expiation fees and fines Failing to stop after an accident Brief penalty summary

B

Bail Act 1985 Conflict of interest from false instructions Guarantors and traditional people Intervention program Bail Bail to undertake assessment for an intervention program Failure to comply with a condition of bail to attend an assessment Bail for participation in an intervention program Failure to comply with the conditions of an intervention program Investigation of a suspected offence Application for Police bail Indictable Offences Endorsements about bail Non-attendance at court - failure to answer bail Bench warrants Persons not “under restraint” Introduction Priority one: overnight custody Eligibility for bail Bail authorities Bail granted by police Bail granted by a District Court Judge Bail granted by a Supreme Court Judge Presumption of bail Factors rebutting the presumption Presumption against bail Conditions of bail Enforcement of bail agreement Guarantors Bail assessment/enquiry report Home detention bail assessment report If bail is refused If bail is granted Bail pending appeal The consequences of a finding of unfitness to stand trial Relevant legislation and regulations Jurisdiction and powers Bail
Bail Regulations 2015 (SA) Failure to comply with a condition of bail to attend an assessment

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 Case authority since Cadd
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

D

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

E

Evidence Act 1929 Using Interpreter Services Interviewing suspects with complex communication needs Identification parade Homicide arrests and other sensational matters Suppression orders Applying for a suppression order
Expiation of Offences Act 1996 The Magistrates Court Expiable Offences Expiation notices Prosecution of simple cannabis offences Traffic infringement notices Expiation Reminder Notice Prosecution

F

Family and Community Services Act 1972 Closed court
Family Law Act 1975 What can an intervention order contain?
Fines Enforcement and Debt Recovery Act 2017 (SA) The Magistrates Court Expiable Offences Warrant for failure to perform community service (unpaid fines) The imposition of pecuniary sums State offences Community service Fines Compensation Orders Expiation reminder notices Traffic infringement notices Expiation Reminder Notice Enforcement Order In cases of hardship Suspension of driver’s licence for unpaid fines Driving with a suspended driver’s licence Driving whilst disqualified Brief penalty summary
Firearms Act 2015 (SA) Other search warrants and police powers Request for information regarding firearms State Legislation State offences Sentencing for multiple offences

G

Graffiti Control Act 2001 Clamping, impounding and forfeiture of motor vehicles
Guardianship and Administration Act 1993 Relevant legislation and regulations Assessment, treatment and detention orders for drug dependency

I

Intervention Orders (Prevention of Abuse) Act 2009 Family Violence Court Acceptance into Program Progress Reports Intervention Orders Other search warrants and police powers Arrest for intervention orders Conditions of bail The Sentencing Act 2017 (SA) sections 9, 10 and 11 Intervention and Restraining Orders Jurisdiction and powers

J

Joint Criminal Rules 2022 (SA) When clients lie to the court or falsify documents The sentencing conference Port Adelaide Nunga Court Program Joint Criminal Rules 2022 The Supreme Court Contempt of Court and Disrespectful Conduct in Court Summons Information Major indictable offences Guarantors Cost orders Sentencing appeals Written plea of guilty Mental incompetence and mental unfitness to stand trial Youth Court Rules Magistrates Court Rules 1992 (Revoked) Criminal Appeals Affidavit precedent Notice of bail review precedent Notice of appeal precedent
Judiciary Act 1903 (Cth) Summary Offences Failure to answer a summons
Juries Act 1927 The District Court The Supreme Court Minor Indictable Offences
Justices of the Peace Act 2005 Appearing before Justices of the Peace

L

Legal Services Commission Act 1977 Payment of costs and fines
Legislation Interpretation Act 2021 (SA) State Legislation Summary offences Minor Indictable Offences Penalty Summaries Divisional Penalties Comprehensive penalty summaries
Liquor Licensing Act 1997 Drunk and disorderly people

M

Magistrates Court Act 1991 The Nunga Court Division (Aboriginal Court Day) Eligibility criteria The sentencing conference 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) Magistrates Court Rules 1992 (Revoked)
Mental Health Act 2009 (SA) Psychiatric report Relevant legislation and regulations The consequences of a finding of unfitness to stand trial Bail conditions where there is a Mental Health Act 2009 order for involuntary treatment
Migration Act 1958 (Cth) State offences
Motor Vehicles Act 1959 State Legislation Warrant for failure to perform community service (unpaid fines) 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 Driving under the influence with child present in vehicle Prescribed concentration of alcohol (PCA) Driving with prescribed drug present in oral fluid or blood Alcohol Interlock Scheme conditions Drug and alcohol dependency assessments Brief penalty summary
Motor Vehicles Regulations 2010 Relevant legislation Summary of demerit points Driving without due care

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

R

Road Traffic Act 1961 Forensic procedures State Legislation Legislation relevant to guilty pleas Negotiation and advice before making submissions State offences Forfeiture Orders Traffic Offences Relevant legislation Points Demerit Scheme Summary of demerit points Expiation fees and fines Licence disqualification and cancellation Licence disqualification to commence after imprisonment Clamping, impounding and forfeiture of motor vehicles Failing to stop after an accident Failure to obey directions, answer questions or produce a licence Excessive speed Driving without due care Misuse a motor vehicle Penalty range Alcohol/ Drugs and Driving Offences Alcohol and drug testing Driving under the influence Driving under the influence with child present in vehicle Prescribed concentration of alcohol (PCA) Driving with prescribed drug present in oral fluid or blood Refusing a breath test Penalties for drink driving offences Drug and alcohol dependency assessments Instant or immediate loss of licence Reckless and Dangerous Driving Aggravated driving without due care Brief penalty summary

S

Sentencing Act 2017 (SA) 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 pursuant to the Sentencing Act 2017 (SA) Eligibility criteria 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 Legislation relevant to guilty pleas General Sentencing Purposes, Principles and Factors Factors relating to the offence Factors relating to the victim Factors relating to the defendant Factors relating to the general principles of sentencing Other relevant considerations Cooperation with law enforcement - s 37 Discount for early guilty plea - ss 39 and 40 Taking further offences into account The imposition of pecuniary sums Trifling offences Penalty without conviction Objectives of a simple guilty plea Pre-sentence reports Primary and secondary sentencing purposes 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 Sentencing Act 2017 (SA) sections 9, 10 and 11 Discount for early guilty pleas Discount for cooperation with law enforcement for serious and organised crime Character and antecedents of the defendant Information about injury, loss or damage suffered by a victim Victim impact statements Pre-sentence reports Serious firearms offenders Serious repeat offenders Sexual predators Sentencing standards for offences involving child sexual abuse Sentencing for multiple offences Reduction of minimum penalty Substituting or adding penalties Trifling applications Penalty without conviction Imprisonment Home detention orders Intensive correction orders Suspended sentence of imprisonment Good behaviour bonds Community service Pecuniary orders Fines Compensation Orders Restitution of property Intervention and Restraining Orders Reasons for sentence Rectification of sentencing errors Re-sentencing for failure to comply with an undertaking under s 37 of the Sentencing Act 2017 (SA) Sentence for offences committed whilst on parole Sentencing Considerations Relevant legislation Relevant legislation and regulations Relevant legislation and regulations Sentencing considerations Penalties
Serious and Organised Crime (Control) Act 2008 Other search warrants and police powers
Service and Execution of Process Act 1992 (Cth) 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 Fines
Social Security (Administration) Act 1999 (Cth) Commonwealth Legislation Social security offences
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 General Search Warrants Other search warrants and police powers 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 and owners 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 Interviewing suspects with complex communication needs Being Charged Contempt of Court and Disrespectful Conduct in Court 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 Are restraining orders still made? Expiable Offences
Supreme Court Act 1935 The Supreme Court Summons
Surveillance Devices Act 2004 (Cth) Other search warrants and police powers
Surveillance Devices Act 2016 (SA) Other search warrants and police powers

U

Uniform Special Statutory Rules 2022 (SA) Intervention Orders Investigation of a suspected offence Parole warrants Extradition warrants Sexual predators Apprehension and hearing for breaches Clamping, impounding and forfeiture of motor vehicles Instant or immediate loss of licence The consequences of a finding of mental incompetence Relevant legislation and regulations Youth Court Rules Magistrates Court Rules 1992 (Revoked) Removal when at risk of serious harm Care and Protection Orders Assessment, treatment and detention orders for drug dependency

V

Victims of Crime (Fund and Levy) Regulations 2018 (SA) Victims of Crime Levy
Victims of Crime Act 2001 State offences Victims of Crime Levy

Y

Young Offenders Act 1993 Legislation relevant to guilty pleas Good behaviour bonds Community service Introduction Relevant legislation and regulations Jurisdiction and powers Reporting restrictions on court proceedings Applying for a suppression order Reporting restrictions on police cautions and family conferences Magistrates Court Rules 1992 (Revoked) Youth Court Practice Directions The Young Offenders Act 1993 (SA) Youth Justice Administration Act 2016 Criminal investigation and arrest Sentencing considerations Penalties
Young Offenders Regulations 2023 (SA) Relevant legislation and regulations
Youth Court Act 1993 Relevant legislation and regulations Jurisdiction and powers The judiciary of the Youth Court Closed court Youth Court Rules Magistrates Court Rules 1992 (Revoked) Assessment, treatment and detention orders for drug dependency Criminal Appeals
Youth Justice Administration Act 2016 (SA) Relevant legislation and regulations Closed court Youth Justice Administration Act 2016 Assessment, treatment and detention orders for drug dependency
Youth Justice Administration Regulations 2016 (SA) Relevant legislation and regulations

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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.

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