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

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

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, 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.

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