NCJ Number
129313
Date Published
1987
Length
665 pages
Annotation
This discussion paper describes current criminal procedures from the charge to the trial in New South Wales, Australia; examines problems related to each aspect of the procedures; and offers proposals for reform.
Abstract
The analysis began in 1985 and assessed current law and practice with respect to several principles: fairness and justice, accountability, efficiency, consistency and uniformity, the avoidance of unnecessary delay, avoidance of miscarriages of justice, public confidence, impartiality and competence, presumption of innocence, participation of the accused person, and reform based only on demonstrated need. Topics considered included arrest and charge, bail and first court appearance, time limits on the prosecution of offenses, disclosure by the prosecution or defense, the determination of the mode of trial, pretrial hearings, plea bargaining, pretrial publicity, and the prosecutor's function. Tentative proposals are presented in each area. Chapter notes, 233 references, and list of cases