Criminal procedure in Australia / Francine Feld, Andrew Hemming, Thalia Anthony
- Bib ID:
- 6534405
- Format:
- Book
- Author:
- Feld, Francine, author
- Description:
-
- Chatswood, N.S.W. : LexisNexis Butterworths, 2015
- ©2015
- xliii, 708 pages ; 24 cm.
- ISBN:
- 9780409325751
- Summary:
-
Annotation. Key primary source for anyone with a scholarly interest in the workings of Australia's justice system CRIMINAL PROCEDURE IN AUSTRALIA draws on the successful book LITIGATION II -- EVIDENCE AND CRIMINAL PROCESS to create a fresh and innovative treatment of the subject. The book is unique in its breadth and depth of coverage of the criminal procedural laws across Australia. It provides 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 legislation and case law in the fields of police investigation and Crown prosecutor's powers and duties across all jurisdictions. Anyone with a scholarly interest in the workings of Australia's justice system will find this book a key primary source, appreciating the book's coverage of criminal procedure, supported by a commentary that embraces a contextualised and critical approach to legal doctrine.
- Full contents:
-
- Part 1 - INVESTIGATION
- 1. Issues in Police Investigation
- Introduction
- Human rights, community protection and reasonableness
- Foundational issues relating to police powers
- Police work
- Policing Indigenous Australians
- Police in the public eye
- Police powers and statutory limitations
- 2. Arrest and Bail
- Introduction
- The significance of arrest
- What is an arrest?
- Powers of arrest
- The purpose of an arrest
- When an arrest may be made
- How an arrest should be made
- Where an arrest can be made: entry onto premises
- Bail
- 3. Interrogation
- Introduction
- Identifying the right to silence
- Verballing and other authenticity issues
- Retain the right to silence? Confessions and admissions
- 4. The Law and Practice of Search and Seizure
- Introduction
- What is a search?
- What is a seizure?
- Search with an arrest
- The warrant process
- 5. Obtaining Identification Evidence
- Introduction
- Eyewitness identification
- Science and identification
- Part 2- PRE-TRIAL
- 6. Prosecuting Crime
- Introduction
- Offices of the Director of Public Prosecutions
- Initiating prosecutions
- The charging process
- Prosecuting indictable offences
- Delay, efficiency and case management
- Pre-trial disclosure
- Part 3 TRIAL
- 7. The Adversarial Criminal Trial
- Introduction
- Adversarialism and the criminal trial
- The trial process
- The judge
- The jury
- The prosecutor
- Lawyers and witnesses
- The accused
- 8. Proof and Fact Finding
- Introduction
- The nature of proof
- The presumption of innocence and the burden of proof
- Distinguishing evidential and legal burdens
- Assigning the legal burden In criminal cases
- The standards of proof
- 9. The Accused and the Criminal Trial
- Introduction
- Presence in court and fitness to be tried
- The accused's plea
- The right to a fair trial and legal representation
- Part 4
- POST-TRIAL
- 10. Sentencing
- Introduction and context
- The sentencing process and legislative framework
- Purposes of sentencing
- Types of sanctions
- Common law principles
- Legislated limits on discretion
- Indigenous offenders
- 11. The Appeal Process
- Introduction
- Identifying the broad principles governing appeals
- The process governing appeals
- Appeals to the High Court
- Applying the proviso
- Interlocutory appeals
- Fresh evidence.
- Notes:
-
- Includes index.
- Includes bibliographical references and index index.
- Subject:
- Other authors/contributors:
- Copyright:
-
In Copyright
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Copyright status was determined using the following information:
- Material type:
- Literary Dramatic Musical
- Published status:
- Published
- Publication date:
- 2015
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