Criminal procedure in Australia, 2nd ed.

Hemming, Andrew and Feld, Francine and Anthony, Thalia (2019) Criminal procedure in Australia, 2nd ed. LexisNexis Butterworths, Sydney, Australia. ISBN 9780409350111


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 New South Wales Crime Commission (2013, HCA); Strickland (A Pseudonym) 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 (a pseudonym) v CD (a pseudonym); EF (a pseudonym) v CD (a pseudonym) (2018, HCA) — Prosecution's duty of disclosure.; and Director of Public Prosecutions Reference No 1 of 2017 (2019, HCA) – Prasad directions.
The comprehensive and accessible nature of the book makes it 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.

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Item Type: Book (Commonwealth Reporting Category A)
Refereed: No
Item Status: Live Archive
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Date Deposited: 09 Dec 2019 02:59
Last Modified: 26 Feb 2020 01:42
Uncontrolled Keywords: criminal procedure; Australia
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180110 Criminal Law and Procedure
Fields of Research (2020): 48 LAW AND LEGAL STUDIES > 4899 Other law and legal studies > 489999 Other law and legal studies not elsewhere classified
Socio-Economic Objectives (2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940406 Legal Processes

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