Discretion In Australia's Criminal Justice System

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In Australia's criminal Justice system (CJS), the role of discretion is often analysed in the criminal investigation process (ICP). Discretion is the flexibility of what the outcome should be in a particular situation. Discretion applies to 3 groups or stages of ICP, Reporting which may involve, witnesses, victims or even offenders, police discretion, which involves police deciding whether the criminal act was indictable enough to pursue a further investigation or to charge the offender. Then finally judicial discretion, under the doctrine of the separation of powers, judicial discretion is an aspect of judicial independence. The influence discretion has aims to achieve an equal level of justice for all parties involved.

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