Part 1 of the core: Crime – Legal Studies
The Nature of Crime
Meaning of crime: any act or omission of duty that results in harm to society and is
punishable by the state.
Elements of crime: for the prosecution to win their case, they need to prove the
suspect’s guilt beyond reasonable doubt. The accused must have committed both
elements of the crime:
 Actus Reus: refers to the actions of the accused; that they committed the
crime
 Mens Rea: refers to the mental state of the accused; that the accused
intended to commit the crime. The three levels of mens rea include intention,
recklessness and criminal negligence
Strict Liability Offences: applies to minor offences. It is not necessary for the
prosecution to prove mens rea, as proof of the act alone is sufficient to constitute a
crime. Strict liability offences can only be successfully defended if the accused can
prove that the actual act did not occur, and if the defence can prove that the act was
a “honest and reasonable mistake”
Causation: proving that there is a link between actus reus and mens rea. To prove a
criminal charge, the prosecution must show a definite link between the act and the
crime.
Categories of crime: the different categories of crime often affect the way an
offence is investigated, prosecuted or punished.
 Offences against persons: the intended causing of injury to a person
(murder, manslaughter, assault)
 Offences against the sovereign: criminal acts against the government
(treason, sedition)
 Economic offences: the infliction of economic loss upon the victim (robbery,
larceny, white collar crime, computer crime)
 Drug offences: the use, supply and possession of prohibited drugs
(possession or supplying a drug – the quantity of the prohibited drug will
determine the severity)
 Driving offences: breaches of traffic laws (speeding, drink driving, negligent
driving)
 Public order offences: acts which the reasonable person would deem
unacceptable behaviour (offensive behaviour, affray, bomb hoax)
 Preliminary offences: attempting to or planning to commit a crime, both of
which are criminal acts (attempt, conspiracy)
Summary and Indictable offences: all criminal offences are separated into two
important categories depending on the severity of the offence. The latter normally
go first through a committal hearing in the Local Court before a magistrate to
determine whether prima facie exists in the case.
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Summary: less severe offences that are heard and sentenced by a magistrate
in the Local Court
Indictable: more serious and complex offences that are heard and sentenced
by a judge in a District Court or tried before a judge and jury.
Parties to a crime: all people involved in a crime are referred to as parties to the
crime. All parties can be convicted and be punished by the court. Their punishment
will depend on the extent to which they were involved. The more involved, the
greater the punishment.
 Principal in the first degree: principal offender, the person(s) directly
responsible for the criminal act (robbed the bank)
 Principal in the second degree: person(s) present at the crime and assists the
offence in the first degree to commit the crime (drove the getaway car)
 Accessory before the fact: someone who has helped the principal to plan or
carry out the crime (stole the bank plans)
 Accessory after the fact: someone who knowingly assists the offender after
the crime has been committed (helped hide the offender)
Factors affecting criminal behaviour: people commit crimes for all types of reasons.
 Psychological: where many forms of mental illness affect a person’s
behaviour, which is relevant to the commission of the offence
 Social: factors such as upbringing and personal networks can impact, often
negatively, upon a person’s view of the law and lack of respect for it
 Economic: people who suffer economic disadvantage can feel “disconnected”
from mainstream society and its value and hence may feel less respect for
the law.
 Genetic: Genetic theories have been proposed as a factor affecting criminal
behaviour, however no genetic theory have been conclusive.
 Political: political motives cover the spectrum of criminal behaviour from
public order type offences through to violent criminal behaviour
 Self-Interest: self-interest and greed can motivate people to commit crime,
as it can be seen as an easy road to power or wealth
Crime Prevention: understanding the factors and motivation behind crime is also
important in crime prevention. There are two main areas of crime prevention:
 Situational Crime Prevention: primarily focuses on the physical
environments that influence crime. It aims to make it more difficult for
criminals to carry out a crime (e.g. bars on windows, alarm systems, enabling
ownership reducing value of stolen goods)
 Social Crime Prevention: aims to break the cycle of crime by targeting social
factors such as poor parenting, truancy rates, low education levels and
economic disadvantage, all of which increase criminal activity.
The Criminal Investigation Process
Police powers: responsible for enforcing criminal law and ensuring they are adhered
to. They form part of the executive arm of government and are separate from the
legislature and the courts. Their role is to prevent and detect crime, maintain public
order and ensure criminal laws are observed. Police powers are mainly found in the
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). The main powers
include:
 The power to arrest
 The power to enter premises to prevent a breach of the peace
 The power to recommend whether bail should be granted
Reporting crime: citizens have discretion regarding whether to report a crime.
Without a report, the police cannot investigate the matter. Some people do not
report crime in fear of retribution from the offender. Some people may be apathetic
to the situation, and does not want to be involved in the process.
Investigating Crime: police will need to make a decision on whether to investigate a
crime based on the likelihood of success, available resources and priorities or the
severity of the offence. Police can use a number of methods and special powers to
further their investigation:
 Gathering evidence: supports the prosecution’s case. Evidence must be
gathered lawfully otherwise the prosecution won’t be relied upon in any
hearing. It can take a number of forms, ranging from witness statements,
physical objects, forensic evidence and business records
 Use of technology: advances in technology have greatly enhanced the tools
available to police when investigating crime and gathering evidence,
including DNA evidence and CCTV footage.
 Search and seizure: police have the power to stop and search and person
where they ‘believe on reasonable grounds’ that they are carrying something
of question.
 Use of warrants: involves applying to the court or authorized justice for an
order authorizing them a search warrant to enter and search a home or other
premises. This will only be granted by the court if it is satisfied that police can
substantiate on reasonable grounds, that the issuing of a warrant will likely
lead to an arrest.
Arrest and charge, summons and warrants:
 Arrest: for police to insist on someone attending the station, they must place
them under arrest. A lawful arrest can only occur if they inform why the
arrest is being made, the suspect is cautioned and the police have reasonable
grounds to do so
 Charge: the formal process where the suspect is charged with the particular
offence(s). All criminal proceeding begin by way of arrest, charge and bail.
 Summons: for less serious criminal offences. Previously, summons (a
document insisting attendance at court) could be given for minor offences,
but is now no longer available.
 Warrants: issued to a suspect by police if there is sufficient evidence that
prima facie case exists.
Bail or remand:
 Bail: the temporary release of an accused person awaiting trial, sometimes
on particular conditions such as lodgement of a sum of money as a
guarantee.
 Remand: a period spent in custody awaiting trial at a later date. Usually
sought out against people who have committed particularly violent crimes –
those thought to be a risk to society.
Detention and Interrogation:
 Once a person is under arrest they may be detained by police for a period of
up to 4 hours.
 Police can lawfully detain a person for longer than 4 hours (up to 8hrs) by
applying for a warrant. This doesn’t include “time out” periods.
 Time outs cannot exceed two hours; otherwise they become part of the 4hour investigation period.
 When arrested and taken into police custody, the accused has the right to
remain silent and not to answer any questions put by police unless
specifically compelled to do so by law.
 There is no requirement for an accused to take part in an electronically
recorded interview. If the accused does participate in the interview, the
police must provide the accused with a copy of the interview.
Rights of the suspect:
 Has a right to be informed of the 4-hour investigation period and the possible
extension of it. The custody manager must also inform the person of their
right to contact someone to accompany them.
 Has the right to remain silent, and must be cautioned that anything they say
could be used as evidence against them.
 A suspect has the right to be informed as to why they have been arrested.
Criminal Trial Process
Court Jurisdiction: The NSW court jurisdiction is hierarchal, providing opportunities
for appeal. Most criminal cases begin in the Local Court, which deals with the vast
majority of criminal cases.
Original jurisdiction: the power to hear the case for the first time
Appellate jurisdiction: the power to review a lower court’s decision
 Local Court: Most criminal cases begin here. Presides over a magistrate, no
jury. Deals with summary matters and less serious indictable matters. No
appellate jurisdiction. Doesn’t hear appeals, but hears committal proceedings
to determine whether a prima facie case exists.
 Children’s Court: Deals with offender under 18. Closed court, presided over a
magistrate, no jury, rehabilitation is the primary purpose of sentencing, and
imprisonment is a last resort.
 Coroner’s Court: Presided over a coroner, deals with unexplained deaths and
fires, inquisitorial approach
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District Court: Has appellate jurisdiction from the Local Court for both
severity and de novo appeals. Presided over a judge, trial by jury and deals
with majority of serious criminal offences e.g. robbery
Supreme Court: Has appellate jurisdiction from the District and Local Court,
including stated cases. Deals with error of law by magistrates. Presided over a
judge and jury. Deals with most serious criminal offences e.g. murder
High Court: Highest appeal court in Australia for both civil and criminal
matters. Deals with appeals from the Supreme, Federal and Family Courts.
Also deals with cases concerning interpretation of the constitution and
breaches of Commonwealth law. Its decision is final.
Drug Court: Established and governed by the Drug Court Act, aims to tackle
drug behaviour by ensuring that drug dependent offenders receive
treatment, the court aims to break the cycle of addiction and crime. Has both
Local and District Court jurisdiction.
Court of Criminal Appeal: Has appellate jurisdiction for the District and
Supreme Court, the highest criminal appeal court in NSW.
Youth Drug and Alcohol Court: Administered by the Children’s Court, aims to
rehabilitate young offenders whose addictions to drugs/alcohol has led to a
cycle of offending. Brings a multi agency response to providing support to
young people
The Adversary System:
 The criminal justice system in Australia is based on an adversarial system of
law. The adversary system relies on a two-sided structure of opponent sides
(adversaries), each presenting their own position, with an impartial judge or
jury hearing each side and determining the truth in the case.
 In criminal law, the adversary system pits the prosecution against the
accused, who will usually be represented by the defence. The judge/jury in
indictable offences acts as an impartial observer who determines the
accused’s guilt or innocence based on the evidence and arguments
presented.
 Supporters of the adversarial system often claim that it is a fairer system
because it allows each party equal opportunity to present their cases and is
less prone to abuse or bias by the official determining the case. Opponents of
the system argue that in many cases the competing sides are not equal
before the law, with potential imbalances in resources, skills or knowledge.
 The system has also been criticised for use of the jury system, where complex
technical cases might be misunderstood due to a lack of understanding of the
evidence presented and where the reasons for the jury’s decision are not
disclosed to either side.
Legal Personnel:
 Magistrate: The judicial officers that preside over hearings in the Local Court,
and make a determination on the basis on the evidence presented. Once a
magistrate has determined the guilt of the accused, the magistrate will also
pass an appropriate sentence. They will also conduct committal hearings for
indictable offences to be tried, and will usually hear bail proceedings.
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Judge: presides over the intermediate and superior courts. They oversee
proceedings, ensuring that the procedures of the court are followed. Judges
will make decisions about points of law and give instructions to the jury to
make sure they understand the proceedings and the evidence presented.
After the jury’s verdict, the judge will hand down the sentences and rulings.
Some cases will have no jury and the judge will be responsible for making the
final determination in the case.
Police: to investigate alleged crimes and to gather evidence to support the
prosecution case
Prosecutor: brings the action against the accused. It is the prosecutor’s role
to prosecute the offender in a court of law and obtain an appropriate form of
sanction or punishment for the offence. There are two types of prosecutors
in criminal trials: police and public prosecutors.
Director of Public Prosecution: The DPP is independent of the police and the
government. They are responsible for the carriage of indictable matters,
including running Committal Proceedings in the Local Court as well as trials in
the District and Supreme Court. The DPP also has the carriage of any appeal
in relation to an indictable matter, whether as respondent or appellant.
Public Defenders: to present evidence and argument to the court in support
of the defence’s case both in the first instance and on appeal. Barristers, as
specialist advocates, appear for the defence in more complex and serious
criminal matters in higher courts. It is also part of their role to conduct any
relevant negotiations with the prosecution, e.g. charge negotiation.
Accordingly, they play an important role in ensuring that justice is accessible
to people who suffer economic advantage.
Pleas and charge negotiation:
 A plea is a formal statement of guilty or not guilty entered into by the
accused. If a plea of guilty is entered, the accused is sentenced. The accused
may or may not be remanded in custody during that time, dependent on the
severity of the offence. The severity of the offence will determine which
court imposes the sentence
 Plea-bargaining involves negotiation between the defence and the
prosecution about the charges against the accused. It’s the agreement
between the prosecution and the accused on the acceptance of a guilty plea,
usually in exchange for other higher charges to be withdrawn, or pleading
guilty in exchange for a lesser sentence.
Legal representation: adequate access to justice is crucial to ensure the legal system
functions fairly and equally for all parties who come before it. Legal Aid NSW
provides legal assistance and representation to people who are socially and
economically disadvantaged to ensure that they have equitable access before the
law.
Burden and standard of proof:
 In criminal matters, the burden of proof rests with the prosecution to prove
the case against the accused
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The standard of proof is the level of proof required for a party to succeed in
court
In criminal matters, the standard of proof is beyond reasonable doubt, which
requires the prosecution to show there is no reasonable doubt that the
accused committed the offence.
Use of evidence: Police will need to gather enough evidence to support a charge
against the accused in court. Different types of evidence include real evidence, like
physical and documentary evidence and witness testimony. Witnesses are central to
the provision of evidence in both the prosecution and defence cases.
Defences to criminal charges: A defendant may have a legal defence available in
order to defend a charge in court.
 Complete Defences: result in the complete acquittal of the accused.
Depending on the nature of the offence, complete defences to a charge can
include mental illness or insanity, mistake, self-defence or necessity or
duress.
 Partial Defences: result in the charge or sentence being reduced. These
defences only relate to murder, reducing the charge to manslaughter. There
are 3 defences, infanticide, provocation and substantial impairment
(diminished responsibility). The accused must show that at the time of death,
the accused’s capacity to comprehend the right or wrong action or to control
themselves was substantially impaired.
The role of juries: It is the jury’s role to listen to evidence and to declare which
evidence is truthful. On the basis of the evidence provided, they give a verdict. There
are up to 12 people on a jury, and a jury is chosen at random from the electoral roll.
Citizens are exempt from jury duty if they are medical practitioners, persons who are
at least 17 years old and persons with the sole care, custody and control of children
under 18 years old.
Sentencing and Punishment:
Statutory and judicial guidelines: inform the exercise of judiciable discretion in the
area of sentencing. They aim to provide greater uniformity in sentencing matters
and enhance the integrity of the process.
 Judicial guidelines (previous cases): set by the NSW Court of Criminal
Appeal. They are not binding but their aim is to structure discretion. They
indicate that in the normal course, a custodial sentence should be imposed
unless exceptional circumstances exist.
 Statutory guidelines (parliament): a number of acts inform the exercise of
judicial discretion. These acts prescribe the maximum sentence that may be
imposed for various offences, or general guidelines in relation in sentencing.
The purpose of punishment: the purposes for which a court may impose a sentence
on an offender include; to ensure that the offender is adequately punished for the
offence, to prevent crime by deterring the offender and other person from
committing similar offences and to promote the rehabilitation of the offender.
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Deterrence: to discourage people from offender in the future. There are two
types of deterrence:
o Specific: punishment against an individual offender aiming to deter
them from committing crime in the future.
o General: punishment attempting to make an example of an offender
in order to send a message to the rest of the community that the law
is serious about punishing people
Retribution: punishment considered to be morally right or deserved based
on the nature of the crime. It encompasses the notion that “the punishment
should fit the crime”. Aims to ensure that the punishment is proportionate to
the crime but not violently or physically.
Rehabilitation: an objective of sentencing designed to reform the offender to
prevent them committing offences in the future. It’s primarily aimed at
tackling the problem of recidivism.
Incapacitation: to make an offender incapable of committing further
offences by restricting their freedom. It aims to protect society by removing
the offender. One of the dangers of incapacitation is uncertainty of reoffending. As it is a severe penalty, the likelihood of the offender reoffending should be considered in each case to ensure the sentence is not
unnecessarily excessive.
Factors affecting a sentencing decision:
 Aggravating Factors: circumstances that make the offence more serious and
can lead to an increased sentence. Some aggravating factors include; offence
(if it included violence, weapons or hatred motivated crime), the victim (if
they were vulnerable, targeted or if there was multiple) and the offender (if
they abused a position of trust or authority, or if they are a re-offender).
 Mitigating Factors: circumstances that make the offence less severe and can
lead to a reduced sentence. Some mitigating factors include; if the offender is
of good character with no prior convictions, if the offender pleaded guilty or
assisted police and if the offender was somehow provoked or was acting
under duress.
The role of the victim in sentencing: Victims are permitted to give a victims impact
statement to the Court, a written statement by the victim or victim’s family about
the impact the crime has had on them, heard at the time of sentencing. This
legislative change has been a positive development as the statement gives victims a
voice in the judicial process. It is a matter of judicial discretion as to what weight, if
any, the judge will give the victims impact statement.
Appeals: a person convicted of an offence and sentenced has the right to appeal
their case. A defendant has the right to appeal to a higher court against the severity
of their sentence. If it is claimed by the defendant that an error of law was made in
the original hearing, they can also appeal to a higher court against their conviction.
The prosecution can also appeal if they believe that the sentence imposed is too
lenient. The party appealing is known as the appellant. There are two types of
appeals in criminal cases:
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Appeal against conviction: an appeal where the appellant (the defendant)
argues that they did not commit the offence for which they were found guilty
Sentence appeal: an appeal against the severity or leniency of a sentence
Types of penalties: the type of penalty imposed will depend upon the judge or
magistrate considering the matters involved in the offence.
 No Conviction Recorded: While the offence is found proved, the court
records no conviction and hence the offender does not receive a criminal
record.
 Caution: A formal warning without charge issued by police for less serious
offences.
 Fine: Monetary penalty imposed for infringement of a law.
 Bond: A compulsory condition imposed on the offender for a period of time,
which the offender undertakes to comply with.
 Suspended Sentence: A sentence of imprisonment imposed but suspended
on condition of good behaviour.
 Probation: A type of good behaviour bond where the offender is released on
condition of good behaviour but placed under some form of supervision.
 Criminal Infringement Notice: A notice issued by the police outside of court
alleging a criminal infringement and requiring payment of a fine.
 Penalty Units: A specified unit of money used in legislation to describe the
fine payable.
 Community Service Order: Where the offender is sentenced to serve
specified hours of work in the community.
 Home Detention: Imprisonment sentence where the offender is confined to
their home under certain conditions of monitoring.
 Periodic Detention: Imprisonment sentence where the offender spends a
period of each week or month in prison and the rest of the time at home.
 Forfeiture of Assets: Loss of rights to property or assets and a penalty for
wrongdoing.
 Imprisonment: Involves sentencing an offender to a full time period of
imprisonment. It’s the harshest penalty, which a court can impose.
 Diversionary Programs: An alternative to the traditional court system.
Diversionary programs focus on therapeutic justice and rehabilitation of
offenders.
Alternative methods of sentencing:
 Circle Sentencing: A form of sentencing for some adult Aboriginal offenders
where sentencing is conducted in a circle of local community members and a
magistrate. Aims to enhance their respect for, and thus their compliance
with, the law by incorporating aspects of Aboriginal Customary Law.
 Restorative Justice: A form of sentencing involving a voluntary conference
between the offender and the victim. It aims to get the offender to take
responsibility for their crime through the process of direct interaction with
the victim. This objective facilitates the victim being given a voice and also
hears the offender express their remorse and apologise for their actions.
Post-sentencing considerations:
 Security classifications: determining what prison and level of security is
required
 Protective custody: for offenders who are particularly vulnerable to attack by
other prisoners
 Parole: conditional release of a prisoner after completion of the minimum
term of imprisonment
 Preventative detention: holding a person in custody in case of some future
harm that they may commit, but without having committed an offence
 Continued detention: on-going detention of a person after they have already
served their full sentence
 Sexual offenders registration
 Deportation: offenders who are not Australian citizens may be subject to
deportation if they receive a custodial sentence of 12 months or more.
Young Offenders:
Age of criminal responsibility:
 In NSW, the statute defines the age of criminal responsibility as 10 years of
age (under the Children’s (Criminal Proceedings) Act 1987 NSW) meaning a
child under the age of 10 cannot be prosecuted for a crime. This is based on
the immaturity and vulnerability of children, and their inability to form the
requisite of mens rea.
 The common law assumption of doli incapax refers to a presumption that a
child is “incapable of crime” and operates in respect of children charged with
a criminal offence between the ages of 10-14.
 The jurisdiction in a children’s case must be able to prove against doli
incapax, and prove that the child knew that their actions were not just wrong
but knew that they were criminally wrong.
0-9 years
10-13 years
14-15 years
16-17 years
18 years +
Cannot be charged with a crime. Doli
incapax applies.
Rebuttable presumption of doli incapax.
Presumed not capable of committing an
offence, but prosecution may show
otherwise.
Criminally responsible for any offence,
but no conviction can be recorded unless
it be a serious offence
Criminally responsible for any offence,
conviction may be recorded. The case
will still be heard in the Children’s Court
Full adult criminal responsibility. If the
offence was committed before the
accused’s 18th birthday, the case can still
be heard in the Children’s Court until
they turn 21
The rights of children when questioned or arrested:
 Police are entitled to require that a young person provide them with their
name, address and proof of identity
 Police have no general power to detain a child for the purpose of
questioning. A child or young offender cannot be taken to the police station
unless they are under arrest and a parent or guardian must be contacted
 Children and young persons are entitled to exercise their right to silence and
do not have to participate in a record of interview with police.
 A child cannot be questioned by police for more than two hours at any one
time
 A child is entitled to have their parent, guardian or solicitor during
questioning. IF the child is under 16 years, parental permission must be
obtained or another supporting adult to be present during questioning
Children’s Court – procedures and operation:
 The court only hears proceedings for offender under 18 years, or under 21
years and were less than 18 when charged with the offence
 Closed court, and the proceedings aim to be less formal
 Presided over by a magistrate, and there is no jury
 The names of children and young people appearing in the Children’s Court
are not published, and it’s an offence for media outlets to do so. Under very
special circumstances will the court actually grant permission for names to be
published in the media.
Penalties for children: The primary aim of a court when imposing a penalty on a
child or young person is to rehabilitate them and give them an opportunity to rebuild
their lives and hopefully not reoffend.
 Magistrates will often request that Juvenile Justice prepare a background
report on the child to assist them in the sentencing process
 If the young offender is found guilty of a crime, the following penalties may
be imposed:
o A caution
o Referral to a Youth Justice Conference
o A fine (max. of $1000)
o Community Service
o Good behaviour bond
o The young offender may be placed on a control order to be served in
a Juvenile Detention facility for a max. of two years for one offence
and three years in total for more than one offence.
Alternatives to court: there are programs in place for children and young offenders
that offer an alternative to the formal criminal justice process that is played out
through the courts. In NSW, the Young Offenders Act, with the aim to encourage
rehabilitation, reduce rates of recidivism and reduce the burden on the court
system. The program only applies to summary and minor indictable offences and
does not apply to serious offences. Under the Act, children and young offenders who
have committed an offence covered in the Act may proceed through a three-tiered
system of diversionary processes – warnings, cautions and youth justice conferences.
 Warning: a notice given to a young offender (usually for a first minor offence)
that is recorded by police but with no conditions attached; the offender must
be told of the nature, purpose and effect of the warning
 Caution: a formal, recorded alternative to prosecution where the young
offender admits to the offence and consents to receiving a formal police
caution; it can later be taken into account at the Children’s Court, but not an
adult court
 Youth Justice Conference: a measure to divert young offenders from the
court system through a conference that addresses the offender’s behaviour
in a more holistic manner
International Crime:
International crime can be said to be any act or omission that have international
consequences on national states, their citizens and international law.
Categories of international crime: There are two broad categories of international
crime:
 Crimes against the international community: a most serious crime of
concern to the international community as a whole and recognised as
punishable by the international community. These crimes are recognised for
their heinous nature, and are ratified by numerous conventions and treaties.
Examples include:
o Genocide: involves acts that have the intention of destroying all or
part of a national ethnic, racial or religious groups
o Crimes against humanity: consists of knowledge of a sanctioned
widespread or systematic attack against any civilian population
o War Crimes: can include things such as the unnecessary destruction
of towns, villages and/or other infrastructure without any military
importance.
 Transnational Crimes: crimes that cross international borders. They can also
be crimes committed in one country that may have significant implications
for other countries. Examples include drug trafficking and people smuggling
Dealing with international crime: International crime presents particular problems.
Ease of travel between nation states and technological developments has made it
increasingly difficult for such crimes to be investigated. Further, enforcement is an
issue, due to the notion of state sovereignty, which limits the jurisdiction of a
domestic country’s laws and legal system.
Domestic measures: domestic responses to international crime are limited by
jurisdiction. Australian law enforcement cannot operate in a foreign country.
Australian courts do not have the jurisdiction over crimes committed under foreign
laws and Australian parliaments cannot legislate on the laws of other countries. As a
result, the effectiveness of the Australian legal system to respond is inhibited
without co-operation from foreign countries.
CRIMES AGAINST THE INTERNATIONAL COMMUNITY
 The most significant recent development in Australia for dealing
with crimes against the international community was the signing
and ratification of the Rome Statute. As a consequence, any crime
against the international community outlawed by the Rome
Statute is also criminalised in Australia.
TRANSNATIONAL CRIME
 AFP: Established to enforce Commonwealth criminal law and to
protect Australia’s interests from crime in Australia and overseas.
The role of the AFP has grown considerably in recent years with
the growth in transnational crime.
 Australian Crime Commission (ACC): a national statutory body
established under the Australian Crime Commission Act to combat
serious and organised crime. It investigates matters of national
concern and delivers specialist law enforcement capabilities to
assist in investigating and analysing intelligence concerning
national and transnational crimes.
 Australian Customs and Border Protection Service: a national
agency responsible for the security and integrity of Australian
borders. The agency closely works with other government and
international agencies to detect and deter the unlawful
movement of goods or people across Australia’s borders.
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International measures: there have been any different international
measures aimed at tackling international crime. These measures can be
generally divided into three categories:
o Co-operation between governments through international treaties
and organisations targeted at specific types of international crime
o International courts and tribunals to deal with enforcement of
international crimes
o Co-operation and intelligence sharing between national and sub
national agencies to tackle problems of trans-border crime
CRIMES AGAINST THE INTERNATIONAL COMMUNITY
Governments have showed continuing commitment and close co-operation
in their development of international treaties such as the Geneva
Conventions and the Rome Statute of the International Criminal Court. It is in
the nature of such crimes that the international community recognises and
universally agrees to condemn them.
 Extradition treaties: the legal surrender of a suspect or convicted
criminal by one jurisdiction to another to face criminal charges or
sentence. It is the process of returning to a jurisdiction a person who
has either been convicted of a crime in that jurisdiction or accused of
committing a crime, and has subsequently left the jurisdiction. In
Australia, extradition of offenders occurs between states and also
between Australia and other nation states. For a person who is
fleeing to be brought to justice, bilateral agreements that cover
international extradition need to be established between the
involved countries. That way, the country to extradite the criminal
can legally surrender them.
TRANSNATIONAL CRIME
There is a long list of international organisations and international treaties
that aim to combat transnational crimes, either in general or targeting
specific crimes.
 International Criminal Police Organisation (INTERPOL): the world’s
largest international police organisation established in 1923 to
facilitate collaboration among intelligence agencies around the
world. Its role is to prevent or combat international crime. INTERPOL
currently has six priority crime areas: drugs and criminal organisation,
public safety and terrorism, financial and high-tech crime, trafficking
in human beings, fugitives and corruption

International Criminal Court (ICC): A court of last resort, the ICC is intended
to complement rather than exclude existing national criminal justice systems.
The court was established by the international community as a permanent
court and a separate international entity, with the Rome Statute given it
jurisdiction over genocide, crimes against humanity and war crimes. The ICC
can only prosecute a case where state courts cannot or are willing to do so.
The ICC can only exercise jurisdiction where:
o The accused is a national or a member state of a treaty
o The alleged crime occurred in the territory of a member state
o The situation is referred to the ICC by the UN Security Council