Criminal Procedure in Australia, 3rd edition
An essential guide to criminal procedure in Australia’s justice system
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This important book combines commentary with primary sources to provide a contextualised approach to the legal principles underpinning criminal procedure in Australia. It offers a unified and comprehensive analysis of the law relating to policing, criminal prosecutions, pretrial and trial issues, sentencing and criminal appeals. In addition, the book examines the extensive Commonwealth, state and territory legislation and case law in the fields of police investigation and Crown prosecutor’s powers and duties across all jurisdictions.
The third edition is fully revised and extensively updated, with:
• up-to-date cases on criminal procedure, including:
o Pell v The Queen (HCA 2020: unreasonableness ground of appeal)
o R v Rolfe (HCA 2021: police immunity)
o Director of Public Prosecutions (NSW) v Greenhalgh (NSWSC 2022: meaning of ‘to use such force as is reasonably necessary’)
o Roy v O’Neill (HCA 2020: permission to enter upon premises)
o Smethurst v Chief Commissioner of Police (HCA 2020: unlawful search)
o Zhang v Commissioner of Police (HCA 2021: destruction or return of seized and copied material)
o Bradley v Senior Constable Chilby (NSWSC 2020: prosecutor’s duty of disclosure)
o Edwards v The Queen (HCA 2021: prosecutor’s duty of disclosure)
o Nguyen v The Queen HCA 2020: prosecutor’s duty of fairness)
o State of NSW v Robinson (HCA 2019: wrongful arrest)
o GBF v The Queen (HCA 2020: right to silence)
o McKell v The Queen (HCA 2019: judge’s summing up)
o Hoang v The Queen (HCA 2022: juror misconduct)
o Hofer v The Queen (HCA 2021: appeals)
o Strbak v The Queen (HCA 2020: right to silence in sentencing)
• new legislation on police powers, bail and mandatory sentencing
• new commentary on legal principles and policy
• the latest data on rates of victimisation, police and prison detention, hyperincarceration of First Nations people and deaths in custody.
This comprehensive and accessible book is of practical assistance to practitioners, police, prosecutors and anyone involved or interested in the criminal prosecution process, while the contextualised and critical approach to legal doctrine provides academics, students and researchers with reliable guidance in this complex area.
• Provides a principles approach to develop understanding of the area
• Contextual discussion supports student learning
• Comparative coverage across Australian Jurisdictions
• Crofts et al, Waller & Williams Criminal Law: Text and Cases, 14th ed, 2021
• Hemming, LexisNexis Questions and Answers: Criminal Procedure, 2nd ed, 2024
• Kirchengast & Finlay, Criminal Law in Australia, 3rd ed, 2023
• Ord, Shaw & Green, Investigative Interviewing Explained, 4th ed, 2014
Table of contents
- PART 1 – INVESTIGATION
- 1. Issues in Police Investigation
- 2. Arrest and Bail
- 3. Interrogation
- 4. The Law and Practice of Search and Seizure
- 5. Obtaining Identification Evidence
- PART 2 – PRE-TRIAL
- 6. Prosecuting Crime
- PART 3 – TRIAL
- 7. The Adversarial Criminal Trial
- 8. Proof and Fact Finding
- 9. The Accused and the Criminal Trial
- PART 4 – POST-TRIAL
- 10. Sentencing
- 11. The Appeal Process