Criminal Law/Justice Acts

NoQuarter

I cant help but notice the amount of Acts that are either Criminal Law(something something) Act or Criminal Justice (something something) Act.

Is there a certain criteria that dictates whether law falls into one act or another?

Tom Young

I am hoping that you are not a law student. Legal systems might have been lost on you, if that is the case.

The system is split into two distinct areas of law - Civil Law and Criminal Law. In general, criminal statutes are called Criminal Justice or Criminal Law (Insert Name), in order that the title of the act and area of the law be relatively easily identified.

That said, it is a bit of a mess and a project exists to codify the criminal law under the Department of Justice.

Tom

ResearchWill

Tom Young wrote: »

I am hoping that you are not a law student. Legal systems might have been lost on you, if that is the case.

The system is split into two distinct areas of law - Civil Law and Criminal Law. In general, criminal statutes are called Criminal Justice or Criminal Law (Insert Name), in order that the title of the act and area of the law be relatively easily identified.

That said, it is a bit of a mess and a project exists to codify the criminal law under the Department of Justice.

Tom

I think his question was why some criminal acts are called "criminal law xxxx Act" and others are called "criminal justice xxxxx Act" as in Criminal Justice (Theft and Fraud Offences) Act, 2001 or Criminal Law (Rape) (Amendment) Act, 1990. The question i think is why use justice instead of law. Now that you asked the question I don't know the answer. It may just be a drafters decision.

NoQuarter

ResearchWill wrote: »

I think his question was why some criminal acts are called "criminal law xxxx Act" and others are called "criminal justice xxxxx Act" as in Criminal Justice (Theft and Fraud Offences) Act, 2001 or Criminal Law (Rape) (Amendment) Act, 1990. The question i think is why use justice instead of law. Now that you asked the question I don't know the answer. It may just be a drafters decision.

That is exactly my question.

NoQuarter

Bump!

johnnyskeleton

There is also criminal procedure acts. In theory i suppose criminal law would be substantive law, criminal procedure would be procedure, evidence, jurisdiction etc and criminal justice would be a mix. However, there are outliers on both sides. To be fair, some criminal statutes don't even have the word criminal in them, so it really comes down to the drafters choice. Criminal Justice sounds more liberal and fair than criminal law, so maybe it's a way for politicians to sell it to liberal voters.

Farcear

A phone call to the Department of Justice might be a better way to go about this.

It's usually civil servants in the department that draft the legislation, I imagine that would include naming it as well, so better off just asking them directly what the reason is.

They're usually pretty good if you can get through to the right people.

Tom Young

Melling v O'McGabh "What is a crime?"

CLA '97 amends the old Common Law offences in the main.

Everything else .... Justice, Procedure ... Act, etc.

RandolphEsq

Tom Young wrote: »

I am hoping that you are not a law student. Legal systems might have been lost on you, if that is the case.

The system is split into two distinct areas of law - Civil Law and Criminal Law. In general, criminal statutes are called Criminal Justice or Criminal Law (Insert Name), in order that the title of the act and area of the law be relatively easily identified.

That said, it is a bit of a mess and a project exists to codify the criminal law under the Department of Justice.

Tom

Which do you think will be finished first; the criminal law codification or La Sagrada Familia?