Law and Legal Knowledge Flashcards

What does 'actus reus' mean in the context of criminal law?

Answer: The physical act or conduct that constitutes a criminal offence

Actus reus refers to the physical act, omission, or conduct element required to establish a criminal offence.

Under South Australian law, police may use force when making an arrest. This force must be:

Answer: Reasonable and proportionate to the circumstances

The law requires that any force used by police must be reasonable and proportionate to the threat or resistance encountered.

What is the role of the Director of Public Prosecutions (DPP) in South Australia?

Answer: To independently prosecute serious criminal matters on behalf of the Crown

The DPP independently prosecutes serious criminal offences in South Australia on behalf of the state, separate from the police.

Which court in South Australia handles the most serious criminal offences such as murder?

Answer: Supreme Court

The Supreme Court of South Australia deals with the most serious criminal matters including murder, with jury trials presided over by a judge.

What is a 'search warrant' and who can issue one in South Australia?

Answer: A court-issued authorisation to enter and search premises; typically issued by a magistrate

A search warrant is a formal authorisation issued by a magistrate allowing police to enter and search specified premises for evidence.

What right does a person have when arrested in Australia, per common law and statute?

Answer: The right to be informed of the reason for their arrest

A person must be told the reason for their arrest at the time or as soon as practicable — this is a fundamental legal right.