if he does not have sufficient means to pay for it g not to be compelled to

If he does not have sufficient means to pay for it g

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if he does not have sufficient means to pay for it; ….. (g) not to be compelled to testify against himself or to confess guilt . Criminal Justice Institutions 71 72
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37 Criminal law fulfills the aims of deterrence and rehabilitation . Criminal justice organs administer and enforce the criminal law. The courts exercising criminal jurisdiction: Magistrates’ Courts (and the Juvenile Court) (trial) District Court (trial) Court of First Instance (trial and appellate) Court of Appeal (appellate) Court of Final Appeal (appellate) The Department of Justice The DOJ is the Government’s legal adviser Prosecutions Division The largest of the six divisions of the DOJ, consisting of 134 public prosecutors as at end of 2017. Prosecutes cases at both trial and appellate levels. Offers legal advice to law enforcement agencies. Reviews the operation of criminal law. Chaired by the Director of Public Prosecutions , and superintended by the Secretary for Justice. Do not investigate cases , which are responsibilities of law enforcement agencies. May give advice to the police as to the sufficiency of evidence in support of a criminal charge. 73 74
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38 Public Prosecutors (previously known as Government Counsel) The change of title was to consolidate the position of the Prosecution Division as an agent of the public rather than of the Government. Court Prosecutors Lay prosecutors attached to the Magistracies. Prosecute on behalf of over 20 agencies. Introduced in 1977 to relieve police inspectors’ workload to prosecute. In 2017, there was 66 Court Prosecutors. Prosecutors “on fiat” Non-governmental counsel receiving instructions from the Department of Justice. A barrister must have practiced for 2 years to prosecute in the inferior courts . To prosecute in a superior court , a barrister normally must have practised for no less than 7 years . Private Prosecutors At common law, a citizen has a right to institute criminal proceedings. Private prosecution is a very difficult task in practice, however. What must a Private Prosecutor do? 75 76
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39 Private prosecution is an insufficient and ineffective mechanism for reversing an official decision not to prosecute a criminal suspect. There are also significant hurdles impeding access to evidence good enough to support a credible application to prosecute. It is costly for the private prosecutor in terms of time and financial resources . The Hong Kong Police The Hong Kong Police wields almost ‘legally unlimited and operationally non-reviewable’ powers to stop and search people in the street ‘at will’ (Wong 2010). Power to stop and search s.54 of the Police Force Ordinance: A police officer may stop, detain for a reasonable period and search anyone acting in a suspicious manner, or anyone whom he reasonably suspects of having committed, being about to commit or intending to commit an offence.
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