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The Criminal Procedure Act 1921 (CP Act) divides criminal offences in South Australia into the following classes: Summary offences. Minor indictable offences. Major indictable offences. The classification of offences is important because different rules and processes govern different types of offences. In this blog we explore...
Read moreIf you’re a registered teacher who is under police investigation, or if you have been charged with or convicted of a criminal offence, you may have an obligation to report. In South Australia, section 24(2) of the Teachers Registration and Standards Act 2004, states that every teacher’s registration must have attached...
Read moreAre speed cameras always accurate? The correct answer is… it depends on who you ask. If you ask South Australia Police (SAPOL), they will say their devices are always accurate, and the speed detected can always be relied upon. If you were to ask a criminal lawyer, you would get a different answer. SAPOL has legislation in...
Read moreEngaging a criminal lawyer may seem unnecessary if you have not yet been arrested and charged, or summonsed to appear at Court. However, if you do not understand your rights and obligations as a suspect or defendant, there is a real risk of creating trouble for yourself in the long run. Here are three important reasons to consider...
Read moreIn August 2016, the Honourable Margaret Nyland AM delivered the Child Protection Systems Royal Commission Report. As a legislative response to several recommendations outlined in that report, South Australia introduced amended legislation regarding the screening process for those who wish to work, or volunteer, with children. These...
Read moreBeer and car key. Don’t drive. Free public domain CC0 photo. If you’re asked by a police officer to submit to an alcotest or breath analysis or both, the law in South Australia expects you to obey with such a direction. The purpose of this blog is to explore the legal grounds for such a request and the obligations...
Read moreGel blasters (otherwise referred to as hydro blasters or gel ball blasters) are replica toy guns that shoot gel pellets – or gel balls – that have been soaked in water. They're often compared to nerf guns or those used in paintball or laser skirmish due to their similar design.
Read moreCyclist deaths have risen by nearly 50 per cent since the introduction of road laws aimed at increasing their safety. Morry Bailes questions what’s gone wrong. It is not just greater publicity that has contributed to the seeming rise in cycling deaths, it’s real. The statistics make for grim reading. South Australia...
Read moreWhen police execute search warrants, it is common practice for occupier's consent to be sought in lieu of executing the warrant. The practice of seeking and obtaining occupier's consent is permitted and indeed endorsed by section 30 of the Criminal Investigation Act 2006 (CIA). If an occupier does provide their consent, then...
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