Transaction Search Form: please type in any of the fields below.
Date: November 22, 2024 Fri
Time: 11:44 am
Time: 11:44 am
Results for criminal procedure (australia)
1 results foundAuthor: New South Wales. Parliament. Legislative Council. Standing Committee on Law and Justice Title: Inquiry Into Judge Alone Trials Under s.132 of the Criminal Procedure Act 1986 Summary: This inquiry into judge alone trials under section 132 of the Criminal Procedure Act 1986 was commenced after the Attorney General requested that the Committee consider a proposal to amend the Act so as to allow either party in criminal proceedings to apply to the court for trial by judge alone, without a requirement that the prosecution consents to the application, with the decision to be made by the court based on the interests of justice. The terms of reference for the Inquiry outlines the proposed model which the Committee, with the assistance of stakeholders, has considered. The proposed model for judge alone trials shifts the application and decision making process from the Office of the Director of Public Prosecution (ODPP) to the courts. This shift is most significant in instances where the accused applies for a judge alone trial and the prosecution does not consent. In this situation it is the court that would determine the application on the basis of an 'interests of justice' test. This shift in decision making power from the ODPP to the court evoked much discussion amongst Inquiry participants, with a clear dichotomy of views emerging during the Inquiry. On balance, and after much deliberation, the Committee has concluded that the proposed model for judge alone trials provides a fair and transparent system for both the accused and the prosecution to apply for a judge alone trial. Our careful consideration of the model has, however, led us to identify three areas where the model can be improved. These areas relate to the need for the accused to provide informed consent to applications for judge alone trials, raising the threshold in the jury tampering exception, and ensuring that the 'interests of justice' test includes an inclusive, not exhaustive, list of factors for the courts to consider in determining applications for a judge alone trial. The Committee considers that, subject to our recommended changes, the proposed model will provide a transparent and equitable method of applying for, and determining, applications for judge alone trials. While the Committee has supported the proposed model for judge alone trials, this should not be taken as support for judge alone trials as a replacement for jury trials. The Committee believes that both modes of trial have an essential role to play in our criminal justice system. Details: Sydney: The Committee, 2010. 113p. Source: Internet Resource: Report no. 44: Accessed December 23, 2010 at: http://www.parliament.nsw.gov.au/prod/parlment/committee.nsf/0/8532dcbfa13afcc7ca2577d400826cd1/$FILE/101108%20Final%20Report.pdf Year: 2010 Country: Australia URL: http://www.parliament.nsw.gov.au/prod/parlment/committee.nsf/0/8532dcbfa13afcc7ca2577d400826cd1/$FILE/101108%20Final%20Report.pdf Shelf Number: 120627 Keywords: CourtsCriminal Procedure (Australia)Criminal TrialsJudges |