Criminal procedure

Reference received: 17 January 1982    

Reports

​​Report 45: Criminal Procedure - Unsworn Statements of Accused Persons (PDF, 227.0 KB), October 1985

• Tabled in parliament: 31 October 1985
• Legislative action: ​No legislation was required to implement this Report. However, the right to make an unsworn statement was subsequently abolished by the Crimes Legislation (Unsworn Evidence) Amendment Act 1994 (NSW) which inserted s 404A into the Crimes Act 1900 (NSW) (now Criminal Procedure Act 1986 (NSW) s 31).
  

Report 48: Criminal Procedure: The Jury in a Criminal Trial (PDF, 680.2 KB), March 1986

• Tabled in parliament: 30 April 1986
• Legislative action: Jury (Amendment) Act 1987; Statute Law (Miscellaneous Provisions) Act 1988; Crimes Legislation Amendment (Procedure) Act 1997​

Report 66: Police Powers of Detention and Investigation after Arrest (PDF, 580.9 KB), December 1990

• Tabled in parliament: 20 February 1991
• Legislative action: Crimes Amendment (Detention After Arrest) Act 1997

Discussion paper​s

Discussion Paper 9: Unsworn Statements of Accused Persons, May 1980 (originally issued under Evidence (1966-1988))

Discussion Paper 12: Criminal Procedure - The Jury in a Criminal Trial (PDF, 44.6 MB), September 1985​ ​

Discussion Paper 13: Criminal Procedure - Procedure from Charge to Trial: A General Proposal for Reform (PDF, 2.7 MB), December 1986

Discussion Paper 14: Criminal Procedure - Procedure from Charge to Trial: Specific Problems and Proposals, February 1987

Discussion Paper 16: Criminal Procedure - Police Powers of Arrest and Detention, August 1987

Research report

​Research Report 1: Criminal Procedure: The Jury in a Criminal Trial: Empirical Studies, June 1986

Issues paper

​Issues Paper 3: Criminal Procedure - General Introduction and Proceedings in Courts of Petty Sessions, 1982 

• An Outline of the Issues Paper was also published
  

​Preliminary paper

Robert L Misner, " Legislatively Mandated Speedy Trials" (1984) 8 Criminal Law Journal 17

•  A report to the NSW Law Reform Commission, which was made possible by a grant from the Law Foundation of NSW.​​

Terms of reference

To inquire into and review the law and practice relating to criminal procedure, the conduct of criminal proceedings and matters incidental thereto; and in particular, without affecting the generality of the foregoing, to consider-

(a) the means of instituting criminal proceedings;

(b) the role and conduct of committal proceedings;

(c) pre-trial procedures in criminal proceedings;

(d) trial procedures in matters dealt with summarily or on indictment;

(e) practices and procedures relating to juries in criminal proceedings;

(f) procedures followed in the sentencing of convicted persons;

(g) appeals in criminal proceedings,

(h) the classification of criminal offences;

(i) the desirability and feasibility of codifying the law relating to criminal procedure.