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Inquiry Details

Criminal Procedure Amendment (Pre-Trial Disclosure) Act 2001- Stage Two

The Law and Justice Committee received terms of reference to inquire into and report on the impact of the Criminal Procedure Amendment (Pre-Trial Disclosure) Bill 2001 during the passage of the Bill. After calling for and reviewing submissions, the Committee reported in September 2001 (Report No 21) that the legislation had been in operation for an insufficient amount of time to enable a thorough inquiry into the impact of the legislation. The Committee recommended in that report that the Attorney General refer the same or similar terms of reference back to the Committee in this session of Parliament. The Government has since agreed with the Committee's recommendation and the Attorney General has referred similar terms of reference to the Committee, as noted below. In order to ensure that sufficient time has elapse to enable a thorough examination of the Criminal Procedure Amendment (Pre-Trial Disclsoure) Act 2001 the Committee resolved to commence its inquiry in February 2004. The Committee called for submission in February and March and conducted hearings in early June. The Committee tabled its report on 8 December 2004.

The Committee's first report (Report No 21) is located in the archived records on this web site. Legislative Council Committee Report Debate, 8 December 2004 Legislative Council Committee Report Debate, 24 May 2005
Minutes 18, 2 September 2003, Item 25, page 260. That the Committee inquire and report on: 1. The provisions of the Criminal Procedure Amendment (Pre-Trial Disclosure) Act 2001, together with the system of pre-trial disclosure in New South Wales including: (a) the frequency and type of pre-trial disclosure orders made in the Supreme Court and District Court, (b) the rate of compliance with pre-trial disclosure requirements by: (i) legally aided defendants, (ii) privately funded defendants, (iii) Police, (iv) the Office of the Director of Public Prosecutions, (c) the impact of pre-trial disclosure requirements on unrepresented defendants, (d) the effect of pre-trial disclosure requirements on court delays and waiting times in the Supreme Court, District Court and the Court of Criminal Appeal, (e) the effect of pre-trial disclosure requirements on the doctrine of the right to silence, (f) the effect of pre-trial disclosure requirements on the doctrine of the presumption of innocence, (g) the effect of pre-trial disclosure requirements on the doctrine of the burden of proof resting with the prosecution, and (h) any other matter arising out of or incidental to these terms of reference. 2. That the Committee inquire and report within three years of the date of commencement of the Act, namely, by 18 November 2004.

That the Committee inquire and report on: 1. The provisions of the Criminal Procedure Amendment (Pre-Trial Disclosure) Act 2001, together with the system of pre-trial disclosure in New South Wales including: (a) the frequency and type of pre-trial disclosure orders made in the Supreme Court and District Court, (b) the rate of compliance with pre-trial disclosure requirements by: (i) legally aided defendants, (ii) privately funded defendants, (iii) Police, (iv) the Office of the Director of Public Prosecutions, (c) the impact of pre-trial disclosure requirements on unrepresented defendants, (d) the effect of pre-trial disclosure requirements on court delays and waiting times in the Supreme Court, District Court and the Court of Criminal Appeal, (e) the effect of pre-trial disclosure requirements on the doctrine of the right to silence, (f) the effect of pre-trial disclosure requirements on the doctrine of the presumption of innocence, (g) the effect of pre-trial disclosure requirements on the doctrine of the burden of proof resting with the prosecution, and (h) any other matter arising out of or incidental to these terms of reference. 2. That the Committee inquire and report within three years of the date of commencement of the Act, namely, by 18 November 2004.


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