This important text 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, pre-trial and trial issues, sentencing and criminal appeals. In addition, the book examines the extensive Commonwealth and state and territory legislation and case law in the fields of police investigation and Crown prosecutor’s powers and duties across all jurisdictions.
The fully revised and extensively updated second edition includes developments in search and seizure, criminal infringement notices, and reforms in the areas of bail, committals and early guilty pleas, jury directions and sentencing (including expansion of Intensive Correction Orders in NSW). Important new cases include North Australian Aboriginal Justice Agency Ltd v Northern Territory (2015, HCA) — detention of intoxicated persons; Prior v Mole (2017, HCA) — reasonable suspicion; Lee v NSW Crime Commission (2013, HCA); Strickland v DPP (Cth) (2018, HCA) — permanent stay of prosecution; Kalbasi v Western Australia (2018, HCA) — the proviso; Rodi v Western Australia (2018, HCA) — fresh evidence; AB v CD (2018, HCA) — prosecutor's duty of disclosure; Pell v R (VSCA, 2019) – unreasonableness appeal ground; and DPP Reference No 1 of 2017 (2019, HCA) – Prasad directions.
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 Australian criminal procedure
- Contextual discussion supports student learning
- Comparative coverage across Australian Jurisdictions
Crofts et al, Waller & Williams Criminal Law: Text and Cases, 13th ed, 2016
Finlay & Kirchengast, Criminal Law in Australia, 2nd ed, 2020
Ord, Shaw & Green, Investigative Interviewing Explained, 4th ed, 2014
Table of contents
PART 1 – INVESTIGATION
- Issues in Police Investigation
- Arrest and Bail
- The Law and Practice of Search and Seizure
- Obtaining Identification Evidence
PART 2 – PRE-TRIAL
- Prosecuting Crime
PART 3 – TRIAL
- The Adversarial Criminal Trial
- Proof and Fact Finding
- The Accused and the Criminal Trial
PART 4 – POST-TRIAL
- The Appeal Process