LUNCH AND LEARN: HOW DOES CRIMINAL PROSECUTIONS WORK?

During lunch hour we will be discussing criminal prosecutions: • A criminal offence if a person fails to comply with a maintenance order? Discussion of section 31 • Case law on sentencing of maintenance defaulters • Is there any defense against a criminal charge for non-compliance with a court order? • Explanation of the elements of an offence that the State needs to prove • How will the State establish the element of a guilty mind of an accused by not paying maintenance? • How do a lay a criminal charge if the respondent fails to pay maintenance / are in arrears with maintenance • Discussion of section 305 of the Children’s Act • Conversions of a criminal trail into a maintenance enquiry – when does this happen and why? • General discussion on the criminalization of maintenance defaulters • J165 and J50 warrants of arrest – detailed explanation