Exam Deck

• What are the Separation of Powers?

  Parliament, Executive and Judiciary
• Separation of Powers (Sentence)

  The separation of powers are made from the rule of law which is implemented under the Australian Consitution, this includes parliament, executive and judiciary. The parliament's responsbility is to create the laws and changes the law for the whole of the country. The Executive's responsibilities are to implement/regulate the law, they are recognised to be police officers/government agencies. Judiciary is the sector where they make sure the law is applied fairly, and interpret the law and administers justice.
• What does the Parliament do? (in Separation of Powers)

  The parliament is responsible for creating and amending laws for the whole country.
• What does the Executive do (in Separation of Powers)


  The Executive Power are implement/regulate the law, they are seen as police officers and government agencies.
• What do the Judiciary do?

  They ensure that the law is applied fairly, and interpret the law, whilst administering justice.
• What is Actus Reus?

  Actus Reus, means the guilty act. This is when the accused committed the offence.
• What is the main feature of Actus Reus?

  The act has occurred, fulfilled by the accused, it was voluntary, and not committed under any force.
• What does Mens Rea mean?

  Mens rea, is known as guilty mind. This is when the individual intended to commit the offence, "I want to kill them". This can vary from, intending to kill, being reckless, and being negligent.
• What does being "reckless/negligent"?

  "A reasonable person would foresee that their action is reckless enough to cause harm".
• How is Actus Reus and Mens Rea implemented in cases?

  The prosecution use actus reus and mens rea, are utilised to prove the accused is guilty of the offence.
• What is the Arrest Process?1. Arrested

  You can be arrested if through a warrant for your arrest, or they have to have reasonable cause to suspect that you have broken the law.

  You must be told what you are arrested for.

  You must be told that you do not have to say anything, and that anything you say may be given in evidence.

  They are able to use reasonable force (capsicum/pepper spray)
• 2. Personal Search

  The police need to have a warrant to search you or your premises.

  If an officer suspects the presence of drugs, a concealed weapon, or hidden evidence, a pat down search can be conducted.

  The search must be conducted by the same sex officer.
• 3. Phone Call

  They allow you to make one telephone call to a parent/guardian or legal representative.

  If you cannot afford a legal representative (solicitor), you are entitled to a legal aid (free lawyer the government supplies).
• 4. Formal Interview

  If you are under the age of 17 an adult (parent/guardian or social worker) must be present before the interview can begin.

  They will ask you a series of questions.

  The interview will be recorded and videotaped.

  You do not have to answer any questions.
• What is Right to Silence?

  The right to silence is recognised as a fundamental common law right in Australia jurisdiction. In Queensland, it is codified in Section 297 of the Police Power and Responsibility Act (PPRA), which states a person's right to refuse to answer a question is protected, unless they are required under legislation to answer the questions.

  The alleged offender does not answer questions are is not allowed to be raised later in a trail.
• 5. Fingerprint

  Police cannot fingerprint you if you are a child under the age of 10.

  If you are between the ages of 10 to 17, your fingerprints can only be taken if, a) a court order is obtained, b), an indictable offence is involved, or c) a parent or guardian is present.

  Police can use reasonable force to take the fingerprint.
• 6. Charged

  You may be officially charged with an offence.

  If charged, you will either be released on bail or held in prison on remand before being brought before a court.
• What is Queensland Law making group called?

  Commonwealth House of Representatives (National) or Queensland Legislative Assembly.