There is no independent federal corrective service, and the relevant State or Territory agencies provide corrective services for federal offenders. The States and Territories have powers to enact their own criminal law, while the Commonwealth has powers to enact laws, including sanctions for criminal offences, in relation to its responsibilities under the Constitution. Thus, in effect, there are nine different systems of criminal law in existence in Australia. The various agencies that comprise the criminal justice system can be seen as acting within a broader process in which criminal incidents and offenders move through a number of stages. Figure 11.1 indicates these broad stages and the points at which the different justice agencies make their contribution.
Police agencies are responsible for the prevention, detection and investigation of crimes.
Where an alleged offender is detected by police, charges may then be laid before a criminal court. In addition to the court itself, a number of other agencies are involved in the court process. These include legal representatives for the prosecution and defence. For defendants, legal aid may be available to handle their defence. Following the hearing of the charges, in cases where a finding of guilt is made by the court a sentence may be imposed.