produced by the forces own Complaints Against Police Office public trust

Produced by the forces own complaints against police

This preview shows page 62 - 64 out of 81 pages.

produced by the force’s own Complaints Against Police Office> public trust declined> police-society relations deteriorate in SAR - Recommendation made to CE and the commissioner of police is not binding ICAC - ICAC Commissioner are authorized to “ enter any Government premises and require any prescribed officer to answer questions, requiring production of any standing orders, directions, office manuals and instructions - High conviction rate (>80%) SAR v Chu Frankly (2018) (umbrella movement) SAR v Osunwoke (2018) IPCC ordinance ICAC Ordinance (Cap.204) s.13(1) Accusatorialism/ accusatorial model - Places heavy emphasis on the oral testimony of witnesses in court - In an open, impartial court, prosecutor and accused may test each other’s case through empirical evidence subjected under rigorous evidentiary procedures. - The trial may thus be seen as a contest between the parties’ legal and evidentiary arguments , rather than an official investigation into whether and how a crime was committed. Judge role: - An unbiased umpire - Does not participate in gathering evidence of shaping up the case Criminal Sentencing - Punishments include imprisonment, fines, suspended sentences, probation, community service, discharge either conditional or unconditional, binding-over, compensation, restitution, forfeiture, and disqualification. - Capital punishment was last imposed in 1966 and a bolished in 1993 by statute; caning( corporal punishment) was abandoned in 1990. Secretary for Justice v Amina Mariam Bokhary [2011]2 HKC ( CA)
Image of page 62

Subscribe to view the full document.

- The parity of sentences : offenders of similar backgrounds committing the same offence ought to receive the same sentence. Principle of uniformity is a pillar of penal sentencing: the law aspires to be even- handed in dispensing justice to persons regardless of social status - Aggravating factors (eg.abuse of relationship of trust)make the sentence more severe, whilst mitigating factors (eg good character, first time of offence)lighten it. Criminal Justice 1) Prosecution Independence ‘The Department of Justice of the Hong Kong SAR shall control criminal prosecutions, free from any interference ’. - Prosecutorial independence is critical to preventing the Prosecutions Division to descend into a tool of the powerful for persecuting residents arbitrarily - public prosecutor has no client but the community at large. He knows neither victory or defeat - His duty: act impartially in pursuit of the public interest, represent the whole community, not act under political influence - His role excludes any notion of winning or losing, but a matter of public duty Criminal Procedure Ordinance (Cap.221), s 15(1): ‘The Secretary for Justice shall not be bound to prosecute an accused person in any case in which he may be of opinion that the interests of public justice do not require his interference’.
Image of page 63
Image of page 64
  • Spring '15

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes