Crimes Act. Australia
Чтение книги онлайн.
Читать онлайн книгу Crimes Act - Australia страница 34
Название: Crimes Act
Автор: Australia
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392086412
isbn:
15C Form of indictments, informations and summonses
(1) At the hearing of any indictment, information or summons, the court may make such amendment in the indictment, information or summons as appears to it to be desirable or to be necessary to enable the real question in dispute to be determined.
(2) If in any such case the court considers that the defendant has been misled by the form in which the indictment, information or summons has been made out, it may adjourn the hearing of the case for such period as it thinks fit and may make such order as to the costs of the adjournment as it thinks proper.
(3) The power of the court under subsection (1) shall not be exercised in cases where the court considers that the required amendments cannot be made without injustice to the defendant.
15E Privilege of Parliament not affected
Nothing in this Act shall derogate from any power or privilege of either House of the Parliament or of the members or committees of either House of Parliament as existing at the commencement of this Act.
15F Civil rights not affected
Nothing in this Act shall affect the right of any person aggrieved by any act or omission which is punishable as an offence against this Act to institute civil proceedings in any court in respect of such act or omission.
Part IAB Controlled operations
Division 1
Preliminary
15G Objects of Part
The main objects of this Part are:
(a) to provide for the authorisation, conduct and monitoring of controlled operations; and
(b) to exempt from criminal liability, and to indemnify from civil liability:
(i) law enforcement officers who, in the course of a controlled operation authorised under this Part, take an active part in, or are otherwise involved in, the commission of a Commonwealth offence or an offence against a law of a State or Territory or conduct that may result in a civil liability; and
(ii) certain other persons who, in accordance with the instructions of a law enforcement officer and in the course of a controlled operation authorised under this Part, take an active part in, or are otherwise involved in, the commission of a Commonwealth offence or an offence against a law of a State or Territory or conduct that may result in a civil liability.
15GA Relationship to other laws and matters
(1) Subject to subsection (2) and section 15HZ, this Part is not intended to limit a discretion that a court has:
(a) to admit or exclude evidence in any proceedings; or
(b) to stay criminal proceedings in the interests of justice.
(2) In determining whether evidence should be admitted or excluded in any proceedings, the fact that the evidence was obtained as a result of a person engaging in criminal activity is to be disregarded if:
(a) both:
(i) the person was a participant in a controlled operation authorised under this Part acting in the course of the controlled operation; and
(ii) the criminal activity was controlled conduct; or
(b) both:
(i) the person was a participant in an operation authorised under a corresponding State controlled operations law acting in the course of that operation; and
(ii) the criminal activity was conduct constituting an offence for which a person would, but for section 15HH, be criminally responsible.
15GB Concurrent operation of State and Territory laws
It is the intention of the Parliament that this Part is not to apply to the exclusion of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Part.
15GC Definitions
In this Part:
ACC authorising officer has the meaning given by subsection 15GF(4).
ACLEI authorising officer has the meaning given by subsection 15GF(5).
AFP authorising officer has the meaning given by subsection 15GF(3).
appropriate authorising officer, for a controlled operation authorised under this Part, means the following:
(a) if the authority to conduct the controlled operation was granted by an AFP authorising officer — any AFP authorising officer;
(b) if the authority to conduct the controlled operation was granted by an ACC authorising officer — any ACC authorising officer;
(c) if the authority to conduct the controlled operation was granted by an ACLEI authorising officer — any ACLEI authorising officer.
authorising agency, for a controlled operation authorised under this Part, means the following:
(a) if the authority to conduct the controlled operation was granted by an AFP authorising officer — the Australian Federal Police;
(b) if the authority to conduct the controlled operation was granted by an ACC authorising officer — the ACC;
(c) if the authority to conduct the controlled operation was granted by an ACLEI authorising officer — the Australian Commission for Law Enforcement Integrity.
authorising officer has the meaning given by subsection 15GF(1).
authority means an authority (whether formal or urgent) to conduct a controlled operation granted under section 15GI, and includes any such authority as varied.
chief officer means the following:
(a) in relation to the Australian Federal Police — the Commissioner;
(b) in relation to the police force of a State or Territory — the Commissioner of Police in that police force or the person holding equivalent rank;
(c) in relation to Customs — the Chief Executive Officer of Customs;
(d) in relation to the ACC — the Chief Executive Officer of the ACC;
(e) in relation to the Australian Commission for Law Enforcement Integrity — the Integrity Commissioner.
civilian participant in a controlled operation means a participant in the controlled СКАЧАТЬ