NRS-21347 | Records relating to inquiry into criminal procedures [Law Reform Commission]

This reference was received on 17 January 1982, but priority given to other references meant that it lay dormant for 18 months. The terms of reference were to inquire into and review the law and practice relating to criminal procedures, the conduct of criminal proceedings and other matters.a) Courts of Petty SessionsA preliminary issues paper (IP3) was published in 1982, concerning proceedings in the Courts of Petty Sessions. A further discussion paper (DP 9) regarding unsworn statements of accused persons was published in May 1980, and a related report (LRC 45) was published in October 1985.b) JuriesA preliminary discussion paper (DP 12) regarding the jury in a criminal trial was published in September 1985, a further Research Report (RR 1) relating to empirical studies of this matter was released in June 1986, and the final report (LRC 48) was produced in March 1986. Legislative action followed in the Jury (Amendment) Act 1987 and the Statute Law (Miscellaneous Provisions) Act, 1988.c) Procedure before trial in criminal cases and d) Police powers of arrest and detentionA discussion paper on criminal procedure from charge to trial (DP 14) was published in February 1987. A discussion paper (DP 16) regarding police powers of arrest and detention was produced in August 1987, and the final report (LRC 66) in December 1990, after a request on 27 January 1987 by the Attorney General to examine this subject and to give it priority within the criminal procedure reference.A large number of submissions were received from individuals and organisations, including the Commissioner of Police, the Law Society of New South Wales and the Legal Aid Commission of New South Wales.e) Contempt of CourtOn 8 April 1987 the Attorney-General requested the Commission to give priority to the formulation of final recommendations on the aspect of the criminal procedure reference concerning the law of contempt. Work on this aspect of the reference was later suspended.f) CodificationThis deals with those specific terms of the criminal procedure reference which require an examination of the classification of criminal offences and codification. A background paper was prepared, but further work was suspended.g) Appeals in criminal casesTopics included were forms of review of maagistrates’ decisions, procedure of appellate courts, rights of appeal, delay in proceedings and the roles and powers of such courts.These records include:a) submissions; correspondence; and other papersb) completed survey forms, by jury members, judges and crown prosecutors; articles; cases; instructions; evidence; submissions; correspondence; and papers on the jury system.c) correspondence and working papers.d) discussion paper; statistical analyses of submissions; newsclippings; articles; summary of recommendations and submissions; information on the Royal Commission on criminal procedures 1981; correspondence; cases; memoranda; and reports.e) papers; notes.f) filesg) correspondence; submissions; issues paper; statistics; transcripts and working papers.(10/50511-50546.1, 6/24222.6-.7) 36 boxes, 2 bundles.Also see RNCG-2542, 18/3871-3909. 39 boxes.NoteThis description, as amended, is taken from post-Concise Guide registration, [5 December 1995].