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The Laws of Australia Updates October 2015

The following Subtitles were updated in October 2015 and are now available on Westlaw AU:

Criminal Law Principles 9.4 “Extradition and Mutual Assistance in Criminal Matters”

Updated by Dr Stephen Tully, Barrister and Solicitor, Supreme Court of New South Wales

This is a new Subtitle which examines the law governing the extradition of offenders from Australia to foreign countries, from Australia to New Zealand, and from foreign countries to Australia. The key piece of legislation discussed is the Extradition Act 1988 (Cth) as the governing Act, as well as the Extradition Regulations 1988 (Cth). The Subtitle also examines the regime of mutual assistance in criminal matters between Australia and foreign countries.

Criminal Sentencing 12.5 “Non-custodial Orders”

Updated by Dr Danielle Andrewartha, Solicitor, Supreme Courts of South Australia and Victoria Consultant, McPhee Andrewartha

In Victoria, the option of providing a suspended sentence has been recently abolished in a staged approach, as a result of the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013 (Vic). Sentencing in other jurisdictions has seen recent movement as well.

Human Rights 21.6 “Justice” (Ch's 1-4)

Updated by Craig Ryan, Legal Editor, The Laws of Australia

This Subtitle is concerned with those processes of the Australian criminal law which provide, or try to provide, protection for the individual from the power of the State. Topics examined in updated Chs 1–4, include powers of arrest, bail, civil detention, and the elements of a fair trial. Particular focus is given to those laws and practices seen as increasingly encroaching upon the liberty and security of the person, including through the operation of s 189 of the Migration Act 1958 (Cth) and the proposed amendments to the Australian Citizenship Act 2007 (Cth) that will provide for the revocation of Australian citizenship of dual nationals in specified circumstances. The limits of the privilege against self-incrimination is also considered in light of the High Court’s decisions in X7 v Australian Crime Commission (2013) 248 CLR 92; 87 ALJR 858; [2013] HCA 29 and Lee v New South Wales Crime Commission (2013) 251 CLR 196; 87 ALJR 1082; [2013] HCA 39.

November 2015 currently scheduled updates (subject to change):

11 Criminal Procedure 11.12 "Criminal Injuries Compensation"

16 Evidence 16.2 "Proof in Civil Cases"

17 Family Law 17.18 "Injunctions"

21 Human Rights 21.6 "Justice" (Ch 5)

27 Professional Liability 27.1 "General Principles"

By Adam Dallas

Adam Dallas is a Legal Editor with The Laws of Australia encyclopaedia.

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