New England Online > Government & Politics > Parliament > Legislative Gazette > Criminal Code Act 2012
Criminal Code Act 2012
| Criminal Code Act 2012 | |
|---|---|
 |
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| Title: | 1 Michael v.1 c.4 |
| Introduced by: | Hon. Ross Steel |
| Dates | |
| Date passed: | 5 October 2012 |
| Date of Assent: | 7 October 2012 |
| Commencement: | 1 November 2012 |
| Other Legislation | |
| Amendments: | 2014, 2018, 2026, 2032, 2041, 2047 |
| Related legislation: | None |
| Status: Amended | |
The Criminal Code Act was an act passed by the House of Assembly to codify the criminal code of New England. The act was one of the first to be passed by the new parliament, and came into force in the first weeks of independence in 2012.
The Code borrows large elements from both the Queensland criminal code of 1899 and the German Strafgesetzbuch of 1871. The code is unique in that it is one of the few parts of the legal system of New England that has been codified. New England primarily relies on common law, but the choice to adopt a codified system of penal all was taken by the first Parliament to ensure all the uniform system of crime punishment could be implemented across the nation.
- Introduction
- Structure
- Part One - Introductory
- Part Two - Offences Against Public Order
- Part Three - Offences Against Public Authority
- Part Four - Acts Injurious to the Public in General
- Part Five - Offences Against the Person
- Part Six - Offences Relating to Property and Contracts
- Part Seven - Preparation and Conspiracy
- Part Eight - Procedure
- Part Nine - Transitional and Validation Provisions
- History
Introduction
The criminal code is one of the most important components all the legal system of New England. Within the act is contained the various definitions of offences that can be committed against individuals, the state, and the public at large. Also listed within are the various punishments for crimes committed by a party found to be guilty of an offence. The code also defines the application of criminal law, the use of the Royal Prerogative of Mercy to grant pardons and the definitions of criminal responsibility, such as sanity, intoxication, immaturity or mistake of fact.
The addition of the various sections of the German code aimed to protect New England against totalitarianism. One of the interesting results of this has been the addition of a crime known as "treason of the peace". It was originally thought by many critics of the code that New England would not be able to wage war against another power without violating this section of the code. However court opinions have ruled that a legally acceptable situation would be that New England could wage war as long as the reasons are doing so had a sound standing in international law, i.e. Jus ad bellum. The Supreme Court opined that Parliament must issue a casus belli against a foreign power or potentate within ninety days of declaring war.
Structure
- Part One - Introductory
- Interpretation
- Parties to offences
- Application of criminal law
- Royal prerogative of mercy
- Criminal responsibility
- Part Two - Offences Against Public Order
- Sedition
- Offences against the executive and legislative power
- Offences against political liberty
- Piracy
- Crimes against Peace, High Treason and Endangering the Democatic Rule of Law
- Part Three - Offences Against Public Authority
- Disclosing official secrets
- Corruption and abuse of office
- Corrupt and improper practices at elections
- Selling and trafficking in offices
- Offences relating to the administration of justice
- Miscellaneous offences against public authority
- Part Four - Acts Injurious to the Public in General
- Offences relating to religious worship
- Offences against morality
- Prostitution
- Offences against public health
- Frauds on land laws
- Part Five - Offences Against the Person
- Assaults and violence to the person generally - justification and excuse
- Duties relating to the preservation of human life
- Homicide, suicide and concealment of birth
- Offences endangering life or health
- Assaults
- Rape and sexual assaults
- Offences against liberty
- Unlawful stalking
- Offences relating to marriage and parental rights and duties
- Criminal defamation
- Part Six - Offences Relating to Property and Contracts
- Stealing
- Offences analogous to stealing
- Other fraudulent practices
- Receiving property stolen or fraudulently obtained
- Secret commissions
- Offences relating to animals
- Injuries to property
- Punishment of forgery and like offences
- Forgery and like offences punishable on summary conviction
- Preparation for forgery
- Personation
- Offences connected with trade and breach of contract
- Part Seven - Preparation and Conspiracy
- Attempts and preparation to commit offences
- Conspiracy
- Accessories after the fact
- Part Eight - Procedure
- Arrest
- Indictable offences dealt with summarily
- Indictments
- Effect of indictment
- Costs
- Part Nine - Transitional and Validation Provisions
- Transitional provision for Act No. 18 of 2014
- Transitional provision for Justice Legislation (Miscellaneous Provisions) Act (No. 2) 2018
- Transitional provision for Criminal Law Amendment Act 2026
- Transitional provision for Criminal Law Amendment Act 2032
- Transitional provision for Sexual Offences (Protection of Children) Amendment Act 2041
- Validation provision for Criminal Proceeds Confiscation Act 2047
History
The code is based upon two pieces of penal law which originated in the 19th century. The biggest influence has been the Queensland Criminal Code of 1899
. This code was written by Sir Samuel Griffith, the first Chief Justice of the High Court of Australia and a prominent jurist of the Edwardian period. Griffith in turn based his code on the Italian Penal Code of 1889 and the New York Penal Code of 1881. About three-quarters of New England's code is a direct copy of the Griffith code of 1899, with the only updates made because of the changes of technology, making it essential that computer and internet crimes are similarly dealt with by the code.
Another significant influence has been the German Criminal Code or Strafgesetzbuch. This code originated in 1871, and has been significantly modified over the years to include provisions that prevent extremist activity, and promote a degree of tolerance amongst the population. These provisions have been written into New England's code and include the following:
- Treason of the peace (incitement of war)
- Disseminating propaganda of groups deemed to be seditious
- Use of symbols of groups deemed to be seditious
- Incitement of racial hatred
- Crimes against humanity
- War crimes and genocide
Whilst there was no need to adopt such measures, the government of the day believed that such measures were an essential insurance policy against the rise of totalitarianism, which they feared had arisen in Australia and the United States in the early 21st century, and as such had caused the civil war. Since its adoption in 2012, these provisions have only been used as charges twice.
