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Inquiry Details

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

The Committee was first established on 24 May 1995. The Committee was re-appointed on 25 May 1999 for the previous Parliament. It is anticipated that the Committee will be reappointed during the first session of the current Parliament. The functions of the Committee are to inquire into, consider and report on matters concerned with legal and constitutional issues including law reform, parliamentary matters, criminal law and administrative law; issues arising in connection with the New South Wales criminal justice system, including matters concerned with Attorney General, police and corrective services and juvenile justice; industrial relations; emergency services and fair trading.

Please see the continuation of this inquiry listed in the current activities section of the Law and Justice Committee website: "Criminal Procedure Amendment (Pre-Trial Disclosure) Act 2001 and the systemof pre-trial disclosure in New South Wales - Stage Two"

NSWPD (LC) 7/12/2000, p 11765 That the Standing Committee on Law and Justice inquire and report on: 1. The provisions of the Criminal Procedure Amendment (Pre-Trial Disclosure) Act 2001, as passed by the House, together with the system of pre-trial disclosure in New South Wales including: (a) the provision of funding to various legal bodies required to undertake pre-trial disclosure, including but not limited to: (i) the Legal Aid Commission, (ii) the Office of the Director of Public Prosecutions, (iii) the Public Defenders, (iv) the Sydney Regional Aboriginal Corporation Legal Service and other Aboriginal legal services, and (v) any other legal service, (b) the frequency and type of pre-trial disclosure orders made in the Supreme Court and District Court, (c) 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, (d) the impact of pre-trial disclosure requirements on unrepresented defendants, (e) 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, (f) the effect of pre-trial disclosure requirements on the doctrine of the right to silence, (g) the effect of pre-trial disclosure requirements on the doctrine of the presumption of innocence, (h) the effect of pre-trial disclosure requirements on the doctrine of the burden of proof resting with the prosecution, (i) any other matter arising out of or incidental to these terms of reference. 2. That the Committee report within 18 months from the date of commencement of the Act, as assented to.

That the Standing Committee on Law and Justice inquire and report on: 1. The provisions of the Criminal Procedure Amendment (Pre-Trial Disclosure) Act 2001, as passed by the House, together with the system of pre-trial disclosure in New South Wales including: (a) the provision of funding to various legal bodies required to undertake pre-trial disclosure, including but not limited to: (i) the Legal Aid Commission, (ii) the Office of the Director of Public Prosecutions, (iii) the Public Defenders, (iv) the Sydney Regional Aboriginal Corporation Legal Service and other Aboriginal legal services, and (v) any other legal service, (b) the frequency and type of pre-trial disclosure orders made in the Supreme Court and District Court, (c) 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, (d) the impact of pre-trial disclosure requirements on unrepresented defendants, (e) 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, (f) the effect of pre-trial disclosure requirements on the doctrine of the right to silence, (g) the effect of pre-trial disclosure requirements on the doctrine of the presumption of innocence, (h) the effect of pre-trial disclosure requirements on the doctrine of the burden of proof resting with the prosecution, (i) any other matter arising out of or incidental to these terms of reference. 2. That the Committee report within 18 months from the date of commencement of the Act, as assented to.


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