Australian Public Law

Australian Public Law
Author: Gabrielle Appleby
Publisher: Oxford University Press, USA
Total Pages: 0
Release: 2014
Genre: Public law
ISBN: 9780195525656

Introduces students to key principles, concepts, institutions in Australian Public Law, provides solid foundation for study of constitutional & administrative law. Explained through analysis of mechanisms of power & control, including discussions of functioning of institutions of government & contemporary issues. Authors at Uni of Adelaide.

The Evolving Role of the Public Prosecutor

The Evolving Role of the Public Prosecutor
Author: Victoria Colvin
Publisher: Routledge
Total Pages: 406
Release: 2018-09-24
Genre: Social Science
ISBN: 042988494X

The modern public prosecutor is a figure both powerful and enigmatic. Legal scholars and criminologists often identify “three essential components” of criminal justice systems: police, courts and corrections. Yet increasingly, the public prosecutor occupies a distinct role independent from any of these branches. Acting outside of the court, and therefore largely out of the public eye, the prosecutor’s control over whether and what charges proceed to court can limit judicial discretion on sentencing, open pathways to alternative measures and even deny entry into the criminal justice system entirely. In this sense the prosecutor serves as a true “gatekeeper” to the criminal process. This book addresses key aspects of the evolving role of domestic and international prosecutors in common law and civil law systems in the twenty-first century, and the challenges posed by this evolution. This collection of chapters from respected scholars takes an international, comparative approach and explores how these different legal systems have borrowed theorisations and articulations of the prosecutorial role from each other in adapting the office to changing conditions and expectations. The volume is structured around four main themes relating to the role of the modern prosecutor: the nature of the prosecutor’s office, the role of the prosecutor in investigations, prosecutorial discretion and how it is exercised, and politicisation and accountability of prosecutors. This book is essential for scholars and students in criminal justice, pre-law/legal studies, criminology, justice studies and political science, and is useful as a resource for those interested in legal change around the world.

Director of Public Prosecutions Act 1983 (Australia) (2018 Edition)

Director of Public Prosecutions Act 1983 (Australia) (2018 Edition)
Author: The Law The Law Library
Publisher: Createspace Independent Publishing Platform
Total Pages: 28
Release: 2018-05-29
Genre:
ISBN: 9781720509257

Director of Public Prosecutions Act 1983 (Australia) (2018 Edition) The Law Library presents the complete text of the Director of Public Prosecutions Act 1983 (Australia) (2018 Edition). Updated as of May 15, 2018 This book contains: - The complete text of the Director of Public Prosecutions Act 1983 (Australia) (2018 Edition) - A table of contents with the page number of each section

Criminal Trial Delays in Australia

Criminal Trial Delays in Australia
Author: Jason Payne
Publisher:
Total Pages: 81
Release: 2007-01-01
Genre: Court congestion and delay
ISBN: 9781921185328

This research examines the reasons for which criminal trials in Australia fail to proceed on the day of listing. The rationale of such an inquiry is that matters that fail to proceed as scheduled contribute to backlog and delay, both of which consume significant criminal justice resources. Moreover, delay in the criminal trial system may result in adverse effects, not the least of which is the anguish endured by the victims of crime and their families, and the community demanding protection from criminal offenders. This research used quantitative data from courts across a number of Australian states and territories to demonstrate that more than half of all listed criminal trials fail to commence on the listed day. After an analysis of data about trials and extensive interviews with court administrators, it is found that those trials that do not proceed can be placed into two categories: those trials that are finalised on or near the trial date either by way of late guilty plea or late withdrawal by the prosecution, and those trials that are adjourned and re-listed. While some delays will be inevitable, the report builds on recommendations made by a working group of the Standing Committee of Attorneys-General to suggest ways of reducing the backlog of criminal trials across Australia.

Prosecutorial Decisions in Adult Sexual Assault Cases

Prosecutorial Decisions in Adult Sexual Assault Cases
Author: Denise Lievore
Publisher:
Total Pages: 6
Release: 2005
Genre: Prosecution
ISBN: 9780642538659

Prosecution agencies are often criticised for their performance in prosecuting sexual assault. A lack of external transparency means there is little knowledge about the specific criteria used in decisions to proceed with or discontinue prosecutions. Understanding the factors that impact on the exercise of prosecutorial discretion therefore constitutes an important step towards improving criminal justice outcomes in sexual assault prosecutions. This paper analyses prosecutorial decisions to proceed with or discontinue prosecution in adult sexual assault cases, based on a survey of 141 Director of Public Prosecutions case files in five Australian jurisdictions. The results indicate that case decisions are primarily based on evidentiary considerations related to the ability to secure a conviction, but they also raise questions about the handling of cases involving prior relationships.

Australian Courts

Australian Courts
Author: Marg Camilleri
Publisher: Springer Nature
Total Pages: 412
Release: 2023-01-10
Genre: Social Science
ISBN: 3031190637

This edited collection brings together scholars and practitioners in every chapter to provide a comprehensive and unique exploration of courts in Australia. The primary focus is to identify controversies, challenges and change, in the form of potential reforms within the courts across Australian jurisdictions. Bringing forward original research and scholarship on a wide array of courts in Australia, combined with insightful practitioner perspectives, research will be effectively integrated with practice. This book is the first comprehensive collection of its kind to canvas the diversity of courts in Australia, providing comprehensive critical analysis of contemporary issues, debates and reforms. It considers the array of courts across state, territory and national jurisdictions in Australia, including coroners’ courts, family courts, criminal, civil courts and problem solving courts. It also adopts an intersectional approach, providing insights into the perspectives of various court users such as people with disability, ethnic minorities, Indigenous Australians, and victims of crime. Each chapter provides opportunities for further debate among scholars, practitioners and students regarding potential future directions for reform to improve the efficacy, equity and accessibility of Australian courts.This collection serves as an international ready reference for students, scholars and practitioners alike.

Australian Criminal Justice

Australian Criminal Justice
Author: Mark Findlay
Publisher: Oxford University Press, USA
Total Pages: 466
Release: 2009
Genre: Law
ISBN:

Provides a complete overview of the criminal justice process. It analyses the influences that shape criminal justice and examines the institutional and administrative features of its operation in all jurisdictions. Findlay, University of Sydney, Australia.

Sentencing Bench Book

Sentencing Bench Book
Author: Judicial Commission of New South Wales
Publisher:
Total Pages:
Release: 2006
Genre: Sentences (Criminal procedure)
ISBN: 9780731356133

This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.

Prosecuting Crime in the Public Interest

Prosecuting Crime in the Public Interest
Author: Kellie Toole
Publisher: Bloomsbury Publishing
Total Pages: 233
Release: 2024-07-25
Genre: Law
ISBN: 1509973222

This book provides the first detailed analysis of the decision to prosecute made by the statutory Australian Offices of Director of Prosecution. It examines the system of prosecution as part of the executive branch of government, and the role and challenges of the individual prosecutors who make decisions within the system. It explores the tension between prosecutorial independence and prosecutorial accountability, and the paradox that political involvement in prosecutions is necessary for accountability and to uphold the public interest, but can compromise independence. The book makes a unique contribution to both Australian criminal law scholarship and to the international literature on criminal prosecution, by drawing on the sub-disciplines of criminal law and administrative law. It includes case studies on prosecuting child sexual abuse, rape, and government espionage, and comparisons with common law and civil law countries including the USA, the UK, Italy and South Africa.