Rule of Law

Young Offenders Essay Notes

Assess the effectiveness of the criminal justice system when dealing with young offenders?

Introduction: The criminal justice system approaches young offenders through unique policies to address the challenges of dealing with juvenile offending. While a large proportion of crime is perpetuated by juveniles, they also have the highest propensity to for rehabilitation and most adopt law-abiding lifestyles as they mature. There are several factors influencing juvenile crime including psychological and social pressures unique to juveniles, which may lead to an increase in juvenile’s risks of contact with the criminal justice system. The effectiveness of dealing with young offenders will be assessed on various fronts, firstly the effectiveness of the age of criminal responsibility and gradual imposition of responsibility onto juveniles. Secondly, the effectiveness of how young offenders are treated differently in the criminal justice system. Thirdly, the current approach to youth criminality will be examined to determine whether it provides the best outcome for the offender and society.

Trends of young offenders in the criminal justice system

• Crime is committed disproportionately by young people, persons between the age of 15-19 are more likely to be processed  by police for the commission of a crime that any other population group
• Offender rates have been consistently highest among persons aged 15 to 19 years
• Rates of offending usually peak in late adolescence and decline in early adulthood
• A study done of Livingstone, Queensland of a cohort of juveniles born in Queensland in 1983/84 identified three primary juvenile offending trajectories
• The most problematic of these were chronic offenders, who compromised of 11 percent of the cohort, but were responsible for 33% of the offending
• Types of offences  perpetrated by juveniles – As a whole juveniles are more frequently apprehended by police in relation to property offences (1/3 in NSW), rather than offences against the person

Punishment of Juvenile Offenders

• Youth Offenders are generally trialed in the Children’s Court, except for serious indictable offences such as murder
• Sentencing Options under the Children’s (Criminal proceedings) Act 1987 include:
  • Dismissal, Adjournment, Good behavior bonds
  • Youth justice conference
  • Probation
  • Suspended/ Control order (maximum two years)
  • Reform in the juvenile justice system – Young Offenders Act 1997 – Three
    • Warnings – Informal
    • Cautions – Formal and recorded
    • Youth Justice Conferences
    • Effective: because it encourages rehabilitation over punitive measures
    • Uses diversionary measures to find solutions ot youth offending
    • However not used for a wide enough range of offences therefore excluding some offenders from the benefits of conferencing
    • May work in more serious offences as the young offender is obliged to consider the consequences of his or her actions

Custodial sentences

• Custodial sentences have been shown to not decrease recidivism rates
• Youths offenders high propensity of rehabilitation rate should be used and money spent on rehabilitation is small compared to paying for a chronic offender to live in jail the rest of their life
• The use of detention should be one of last resort
• The proportion of unsentenced juveniles in detention has increased steadily in recent years, due to changes in bail legislation, which increases the number of juveniles on remand and the length of time juveniles spend in custody. This has been caused by:
  • High number of bail conditions being placed on juveniles than adults and juveniles being more robustly monitored by police while on bail
  • Lack of appropriate accommodation options due to homeless individuals
  • Case: AE v The Queen (2010) – Appeal of a three year non-parole sentence, with a further 2 years, for a stabbing the defendant committed when he was 15. This is a steep punishment for a young offender, however the rehabilitation must take a paramount role alongside punitive measures to make the punishment effective
  • Case: SBF v R (2009) – Driving offence which resulted in a car hitting a power pole, resulting in the deaths of a 16 and 17 year old, offender was 17 years old at the time of the offence – judge said that a person of almost 18 years of age can’t be treated hugely differently to one 18 years old – seven years and 10 months sentence

Assess the effectiveness of the age of criminal responsibility

• The gradual imposition of criminal responsibility (doli incapax) – Under 10, 10-13, 14-17
• Usefulness of imposing criminal sanctions
  • Rehabilitation
  • Immature appreciation of the consequences and gravity of their misbehavior
  • Doli Incapax
    • Protects children under 14 years old, through conclusive presumption and a rebuttable presumption of doli incapax
    • Does not take into account mental disabilities, which is where a large proportion of the juvenile population is in juvenile detention for

Protection of Children

Under s 13 of Children (Criminal Proceedings) Act 1987 any information or statement a child or young person gives to police will be inadmissible as evidence against that person unless:

• There is a responsible adult other than the police member present, such as a parent, youth worker, guardian or lawyer

This is important because police must ensure there is a responsible adult present any time a person under 18 years old is questioned. If not the police will be unable to use any information received as evidence.

Arrest and Interrogation protections

Conclusion

• The criminal justice system is partially effective
• The adjustments to the bail act, reduces it effectiveness since many juveniles are held on remand, when only a small percent get custodial sentences
• Indigenous offending needs to be reexamined due to the disproportiate representation in juvenile detention centers
• The juvenile justice system is effective at protecting the rights of juveniles, between under 10 and 14 with doli incapax
• Their needs to be more money put towards rehabilitation instead of custodial sentencing to decrease offending

International Crime

International Crime

The definition of International Crime is a crime that is recognisable as punishable by the international community.

Categories of International Crime:

1. Crimes against the international community
2. Transnational crimes

Crimes against International Community: “a collection of offences that are recognised by the international community as being of universal concern e.g. genocide, war crimes, slave trading”

Offenders cannot hide as any country may prosecute them under a claim of universal jurisdiction’ this is where a state claims a right to prosecute a person for actions committed in another state based on the legal opinion that the alleged crime is so serious that normal laws of criminal jurisdiction does not apply.

Crimes against international community

The International Criminal Court (ICC)

The Rome Statute is the treaty that established the international criminal court. The ICC was established to act as a court of last resort  for crimes fitting into the three catagories of genocide, crimes against humanity and war crimes.

The ICC is a court of last resort so it can only prosecute someone if state courts are unable or unwilling to prosecute the person.

The ICC can only exercise jurisdiction if;

• The accused is a national member of a member state of the treaty
• The alleged crime occurred in the territory of a member state
• The situation is referred to the ICC by the UN Security Council

Genocide – Article 6 of the Rome Statute gives the ICC jurisdiction over acts of genocide  that occurred since 2002. Genocide is:

• Killing members of the group
• Causing serious bodily harm or mental harm to members of a group
• Deliberately inflicting conditions of life calculated to bring about a groups physical destruction
• Imposing measures to prevent births within the group
• Forcibly transferring children of a group to another group

War Crimes – Article 8 of the Rome Statute

Says war crimes are an action carried out during the conduct of war that violates accepted international rules of war.

These include:

• Inhuman treatment including biological weapons
• Wilful Killing
• Unjustified destruction of property
• Intentional directing attacks at civilian population
• Directing attacks against humanitarian aid

On March 4, 2009 the ICC issued an arrest warrant for Sudanese President Omar al-Bashir for war crimes, crimes against humanity, murder the charges of genocide was not pursued.

 

Transnational Crime

Transnational crimes

Transnational crimes are crimes that take place across international borders. Transnational crimes are similar to domestic crimes but involve movement across international borders. It differs from crimes against international communities which are more serious and punishable internationally.

Some of the main types of transnational crimes include:

• Human trafficking and people smuggling across borders
• International fraud and white collar crime – for example, tax evasion or money laundering
• Transnational internet crimes – including data theft, internet fraud, copyright infringements or spam networks.
• International terrorism – including cyber terrorism such as disruption of infrastructure including electrical systems or computer networks.
• Creation and trafficking of child pornography or transnational trade in illegal substances, including international air, shipping and postal networks.

Transnational crimes will usually be prosecuted under the law of one or another country’s domestic jurisdiction. The nature of transnational crime can make prosecution very difficult.

Due to the difficulties in trans-border detection and enforcement of criminal laws, many such crimes are now underpinned by international cooperation agreements between affected countries. This will usually involve a pair or group of countries affected in some way by the trans-border crime.

Crimes against Humanity

Australia has dealt with crimes against humanity through the signing and ratification of the Rome Statute.

Australia passed the International Criminal Court Act in 2002, in accordance with the Rome Statute.

As a consequence any crime against the international community outlawed by the statute is criminalised in Australia.

Transnational crime

AFP (Australian Federal Police if you didn’t know that)

• Protects Australias interests from crime domestically and overseas
• Engaged in activities worldwide in more than 25 countries, international capacity building, monitoring and peacekeeping, specialist training for law enforcement agencies to help prevent transnational crimes at the source
• Some international operations include, child protection, tourism, stopping human trafficking, drug operations

Australia customs and border protection service

• National agency responsible for the security and integrity of Australian borders.
• The agency works closely with other government and international agencies to detect and deter the unlawful movement of goods or people across from the Australian efforts

Australian High Tech crime Centre

• Established in 2002 to coordinate all Australian law enforcement that in fighting serious crimes involving technology
• Coordinating a national approach to serious and complex and multi-jurisdiction

Transnational Crimes

–          Crimes across borders. They may originate in one country but be completed In another

–          These crimes include: human trafficking, int fraud, money laundering, internet crimes including data theft, internet fraud, spam networks

–          Data theft

• Volume of data growing exponentially
• Held in remote data centres
• “cloud computing”

The effectiveness of measures dealing with international crime

Transnational Crime

• Some states may lack the skills, training and resources to combat
• Or may be unable due to corruption or political unrest, these states have become a breeding ground for international crime
• The main efforts against international crime are reliant on:
  • The extent of international cooperation between states
  • The effectiveness of coordination among international agencies – exchange of information
  • Level of compliance among weaker or poorer sites – states where rule of law may be weak become targets of international organisations

Crimes against the International Community

• The most important development in combating crimes against the international community has been the establishment of the ICC -permanent court
• The threat of latter prosecution acts as a deterrent against rogue leaders
• The ICC has been criticized as they are established to deal with these atrocities after they have been committed
• The ICC has 110 member states, but lacks some of the world’s most important and influential countries, these include the United States, China and India.
• The argument is that the International criminal justice systems benefits outweigh the national interests of state parties. The danger of crimes against the international community occurring again.

 

Types of Penalties

The Crimes (Sentencing Procedure) Act 1999 (NSW) lists the various penalties imposed:

• Caution – a formal warning without charge issued by police for less serious offences
• Criminal infringement notice – a notice issued by the police outside of court alleging a criminal infringement and requiring payment of a fine
• Conviction/no conviction recorded – the judicial officer has the option of whether to record or not record the conviction and sentence, to prevent criminal obligation, e.g. employment barring.
• Forfeiture of assets – obtained property or money through criminal activities are recovered by the court known as proceeds of crime through Criminal Assets Recovery Act 1990 (NSW). Loss of rights to property or assets as a penalty for wrongdoing.
• Bond – a compulsory condition imposed on the offender for a period of time, which the offender undertakes to comply with, such as good behaviour, counselling, drug/alcohol rehabilitation.
• Probation – a type of good behaviour bond where the offender is released on condition of good behaviour by placed under some form of supervision such as daily reporting to a probation office
• Imprisonment – most severe sentence that removes accused liberty and from community. Usually sent to correctional centre which is known as a prison institution where offenders are held in custody for the period of their imprisonment. Discuss the effectiveness with regards to purposes of punishment in relation to current penalties. Prison is the last resort
• Home detention – imprisonment sentence where the offender is confined to their home under certain conditions of monitoring
• Parole (not a sentence) – release of a prisoner before the expiry of an imprisonment term, temporarily or permanently on the promise of good behaviour.
• Diversionary program – an alternative to the traditional court system, diversionary programs focus on therapeutic justice and rehabilitation of offenders.

Punishment and It’s Purpose

The Purposes of Punishment

The Crimes (Sentencing procedure) Act 1999 states the purposes of punishment are:

1)      To ensure that the offenders is adequately punished for the offences

2)      To prevent crime for deterring the offender and other persons from committing similar offences

3)      To protect the community from the offender

4)      To make the offender accountable for his or her actions

5)      To denounce the conduct of the offender

6)      To recognise the harm done to the victim of the crime and the community

Deterrence – this is something that discourages or is intended to discourage someone from doing something. In the context of sentencing deterrence relates to passing a higher sentence in the hope that fear of punishment might help to prevent future offence. There are two types:

• Specific deterrence – punishment against an individual offender aiming to deter them from committing crime in the future by showing that crime does not pay
• General deterrence – punishment attempting to make an example of an offender in order to send a message to the rest of the community – that the law is serious about punishing people for this offence

Retribution – this is the punishment considered to be morally right or deserved based on the nature of the crime. Its purpose is that it assumes that some good comes from the inflicted hardship on the offender of the crime. Retribution is the main justification for inflicting punishment on an offender and is based on:

• Ensuring the offender is adequate punished for the offence according to the severity of the offence
• Making the offender accountable for his or her actions
• Recognising the harm to the victim and the community

When someone is being sentenced for their crime, a judge will take into account the effect the crime had on their victim and their family and make an assessment about whether the punishment fits the crime.

Rehabilitation – this is one of the most important purposes of punishment and will be considered in most cases. It attempts to eliminate the factors that lead to the offenders conduct, encouraging renunciation of the crime by the offences. Its main aim is to prevent recidivism by preventing criminals from returning to the same patterns or lifestyle that led them to offend in the first place.

Incapacitation – This relates to protecting the community from the offender by making the offender incapable of committing further offences. Different penalties can be applied to achieve incapacitation – for example home detention, community work or licence cancellation and the harshest form imprisonment.

Factors affecting a sentencing decision

1. Judge will consider the purposes oif punishment (rehab, incapacitation, deterrence and retribution)
2. There may be limitations placed on the judge by statute law
3. The Crimes (Sentencing procedure) Act 1999 (NSW) sets out what a judge should consider
   1. Aggravating factors – which are circumstances which make the offence more serious
   2. Mitigating factors – which are circumstances which make the offence less severe
   3. Any other objective feature – meaning the circumstances of the crime
   4. Any other subjective features – meaning the circumstances that create the personal state of mind of the offender)
   5. Was there a guilty plea – rewarded because it saves court time and money, streamlining the legal process
   6. Did offender assist police in this or other matters – reward because saves court time and money, due to assistance to the police
   7. Victim impact statement – provides justice for victim because it allows the victim impacts to be considered in the sentencing

The role of the victim in sentencing

Victims are involved in the criminal justice process

In a number of way;

• Reporting the crime
• Assisting police
• Testify
• Submitting a victim impact statement

Victims’ Rights Act 1996 (NSW) provides

Rights for the victim;

• Respect for the victims dignity
• Victims compensation
• Protection from the accused
• Protection of identity
• Certain rights to information and assistance during the criminal process

A victim impact statement is voluntary statement written by the victim by the victim about the impact the crime has had on them.

It gives the victim a chance for the victims to express themselves in the criminal process.

Plea Bargaining, Legal Representation and Defences to Criminal Charges

Pleas and Charge Negotiation

At a plea hearing the accused pleads guilty to the crime

The plea has an impact on future proceedings because it will be dealt with quickly and does not require witnesses to give testimony; the accused will be sentenced straight away

Plea bargaining is where the accused agrees with the prosecution to plead guilty to a particular charge. This usually involves the agreeing to lesser charges or pleading guilty in exchange for a lesser sentence.

Arguments for plea bargaining:

• Decreases costs and time delays, which is beneficial to all parties
• That it increases the rate of criminal convictions
• Conviction on a lesser charge is better than no conviction at all

Arguments against plea bargaining:

• Crimes may go unpunished or that the admitted crime is insufficiently punished
• It may result in an accused pleading guilty to a crime for which they are innocent
• May lead to bullying or manipulation of the accused to forfeit their right to a trial
• Prosecutors may threaten more serious charges to intimidate the accused to plead guilty to lesser charges

 

Legal Representation & Legal Aid

• A defendant has a right to “fair trial”
• In Dietrich v Queen 1992 – The High Court ruled that for the first time established a limited right to legal representation in Australia, especially if the criminal matters are serious.
• Not all defendants get the same level of representation because some may be able to ensure that they receive the best possible defence to the charges against them, for example using the most expensive and experience barristers.
• You can represent yourself but due to the complexities of the court and the inadequate representation in criminal matters, this is not advised since the offence relates to a very minor matter
• The Legal aid commission provides  legal assistance and representation to people who are socially and economically disadvantaged to ensure that they have equitable access before the law
• Applicants are means tested but in criminal trials are not tested on merits of the case
• Due to limited resources not all people can use legal aid depending on the case, and whether it falls into a specific area of law.

Burden of Proof – In a criminal trial the prosecution has the burden of proof (The State/ Crown)

Standard of proof – beyond reasonable doubt

Defences to Criminal Charges

Complete Defences:

1. Mental Illness or insanity – this is where the accused can prove that they were mentally incapacitated when they committed the offence. Mcnaghtan Test – an English rule used to determine if the person is able to claim the defence of insanity, The insanity plea only in those situations where the accused was not aware of the nature or consequence of their actions.
2. Involuntary behaviour or automatism – Is a defence relating to the mens rea of accused – that the accused action was not voluntary or could not be controlled
3. Mistake – the defence that the accused’s action was an honest and reasonable mistake and that the act was unintended
4. Self-defence or necessity – is where the defence is that the accused can show they carried out the crime in the act of defending themselves or another person
5. Defence of Duress – the accused must be able to prove they committed a crime against their own free will. Although knowingly carrying out the crime, they did so because their life of someone else’s may have been under threat
6. Consent – is a defence most commonly used as an absolute defence in sexual assault cases. If it can be shown that the alleged victim consented to the act, then the accused may be acquitted. Consent is not a valid defence for certain criminal offences such as murder

Partial Defences to Murder:

1. Provocation is the defence whereby the defendant claims that their actions were a direct result of another person’s action, and caused them to lose control of their actions. In NSW the defence of provocation can only be used when attempting to have a murder charge reduced to manslaughter.
2. Diminished responsibility is where the defendant must prove that they suffer from a mental abnormality that caused them to act in a certain manner and carrying out a crime, such abnormalities include low IQ and mental retardation.

Criminal Investigation Process

The responsibility for enforcing criminal laws and ensuring they are adhered to lies with the police. Police are responsible for the prevention and detection of crime and for the maintenance of public order. The role of the police in the criminal investigation process is to investigate crimes make arrests, interrogate suspects and gather evidence: Police then present evidence against the accused to a court to make a judgement

The challenge for society is to balance the extent of powers required by police and the rights of ordinary citizens.

The NSW Police Force find their powers in the Law Enforcement Act 2002

The main police powers are;

• Detain and question suspects
• Search property and seize evidence
• Use reasonable force if necessary to carry out duties
• Arrest and interrogate suspects
• Recommend whether bail should be granted

Criminal Investigation Process:

Discretion – used every day by police & their superiors

The police have limited resources and have to use their

Why people might not report crime

–          No Access to police

–          Not willing to spend time/energy to be a witness

–          Not bothering reporting small crimes

–          Don’t think police can help

–          Fear of consequences

–          Sexual assault/ domestic violence victims could be fearful (violent response)

Investigating Crime

• Not all reported crimes are investigated because resources are often redirected to more important Police will gather evidence to support a charge in court at a later date
• It will involve taking witness statements at the scene of the crime or crime scene detectives gathering at evidence at the scene of the crime
• Evidence may be inadmissible if the evidence has been compromised or was obtained by unlawful means.

Describe some of the different types of technology available to police when investigating crime?

State of the art fingerprint and DNA databases, Police surveillance teams are able to record video footage and audio using digital methods. Cybercrime units are often able to locate criminals through their internet activity and track down people committing crimes such as computer hacking.

Arrest, Detention & Charge

Describe the circumstances under which police can make an arrest?

• Catching a suspect committing an offence
• Believing on reasonable grounds that a suspect has committed or is about to commit an offence
• Where that person has committed a serious indictable offence for which they have not been tried
• Possessing a warrant for that person’s arrest

How long can a person be detained without charge?

A person can be only be detained for a period of four hours, the police may apply for an extra 8 hours from a magistrate.

What happens when a person is charged?

If charged, the police must either release the accused or bring them before a magistrate or authorised officer as soon as practicable after the end of maximum detention periods. The accused must be brought before the court for a bail hearing, Once they are charged they will be issued a summons to appear in court. If a serious matter, they will be further detained and a bail hearing will be set.

Summons, Bail or Remand

Explain what a summons is and describe what happens if someone ignores a summons?

A summons is a legal document that states when and where a person must appear in court, if they are an accused person, the charge which they must answer. If the person doesn’t turn up to court, they will lose their bail money and could be arrested and charged.

Describe the purpose of bail?

Bail is the temporary release of an accused person awaiting trial, sometimes on particular conditions such as lodgement of a specified sum of money as a guarantee that the person will come to court. This ensure a form of surety, which is where someone else agrees to put up the money on behalf of the accused as an assurance that the accused will turn up for court.

Explain what happens to bail money if the accused fails to show up in court?

The court keeps the bail money if the accused fails to show up, they lose their bail money.

Explain how remand is different to imprisonment?

This is when bail is denied, this is different because the accused must remain in custody until trial, they will be held on remand in police custody or at a remand centre. This is sought after for people committing violent crimes, dangerous criminals, repeat offenders of flight risks.

Parties to a Crime and Criminal Behaviour

Parties to a Crime

1. Principal in the first degree – principal offender – actually commits the crime
2. Principal in the second degree – present at the crime and assisted or encouraged the person to perform
3. Accessory before the fact – helped the principal to plan or carry out crime
4. Accessory after the fact –  assisting after the act – hiding principals or weapons

6 Factors affecting Criminal behaviour

Psychological Factors – these are relevant to the accused state of mind

Social Factors – These influence a person attitude towards crime and may include family situation or personal relationships.

Economic factors – This is one of the most substantial reasons for committing crimes, people from disadvantaged  backgrounds are more likely to commit crime

Political factors – political factors have played a role in influencing criminal behaviour, offences against the state are likely to have some political factors influencing there decisions

Crime Prevention – Situational Crime

1. Situational crime prevention – aims to make it more difficult for criminals to carry out a crime and therefore stop a crime being committed
   1. Focused (situational) approaches rests on rational choice theory, which views offenders as actors who weigh up potential gains, risks and costs

CCTV are another method of crime prevention and for example the installation in retail stores through increasing the chances of getting caught deterring the crime

Decreasing the rewards of a crime is another prevention technique such as the use of colour tags attached to clothing.

Crime Prevention – Social prevention

These are social and economic factors that might contribute to a person committing an offence, social crime prevention attempts to address the underlying social behaviour. Funding is put into education programs for at risk students

Introduction to Crime

A crime includes any act or omission which results in causing harm to society and is punishable by the state. A crime is any act that law makers in a particular society have deemed to be criminal. When a person commits a crime it is deemed to be committed against all of society as well as the victim. This is because they haven’t committed a crime against just the victim, but offended the standards of expected behaviour in NSW, also because they are also a threat to NSW.

• Elements of a crime

To be considered a criminal act the police and prosecutors must prove 2 fundamental elements

Actus Reus – this is the physical act of carrying out a crime

It must be a voluntary act (not under duress) but can also include an omission or failure to act for example criminal negligence

Mens Rea – this means guilty mind, this refers to the mental state of the accused. To be convicted the prosecuter must prove that the accused was aware of their actions would result in a crime being committed. The defendant understood that the act was criminal when they committed it

Three Levels of Mens Rea

1. 1.       Intention – Wilful intent to commit the crime
2. 2.       Recklessness – the accused was aware that their actions could lead to a crime being committed, but chose to risk it anyway
3. Criminal Negligence – where the accused failed to foresee the risk where they should have and so allows the avoidable danger to manifest, usually resulting in harm or death to another person the accused had to protect

R v Sam – A father and mother were charged with manslaughter by criminal negligence. They rejected conventional medical treatment for their daughter of 9 months old who had eczema. The court found that the condition was medically treatable, but treatment was denied and the child unnecessarily suffered and died because of it.

Causation – this is to prove a substantial link between the act and the crime.

Strict Liability Offenses – These are offenses where only the actus reus must be shown. They only need to prove that the accused carried out the act and not required to show that the accused intended in any way to commit the crime.

Types of Offenses

Offenses against person – involve some form of harm or injury to an individual. These are divided into 3 distinct areas:

1. Homicide – unlawful killing of another person
2. Assault – causing physical harm to another person or threatening it
3. Sexual Offences – Forced into sexual intercourse against their will and without consent

Offences against the sovereign  – include political offenses such as treason (an attempt to manifest war against the state) and sedition (promoting hatred and discontent against the government)

Economic offences – wide range of crimes that can result in a person or persons losing property or sums of money including:

• Crimes against property – larceny, robbery
• White-collar crime – embezzlement and insider trading
• Computer offences – fraud

Drug offences – relate to acts involving prohibited or restricted drugs

Offences include:

• possession of a prohibited drug
• cultivation of a drug
• supply of a prohibited drug

Driving offences – offences committed while driving including speeding

• Speeding
• Driving without a licence
• Ignoring road signs
• Driving above the legal blood alcohol limit of 0.05

Public order offences – these relate to acts that are deemed to disturb the public order in some way

These include:

• Obscene, indecent language in public
• Possessing a knife in a public place
• Obstructing traffic or ignoring a reasonable police direction to ‘move on’

Preliminary offences – these are offences that precede the commission of a crime or where the crimes have been interrupted or unsuccessful. These fall into two main categories attempts and conspiracy

Regulatory offences – these are usually set out in delegated legislation, they address dady to day situations and standards e.g. water restrictions