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Criminal Law, Investigation & Procedure Victoria - New Developments

Criminal Law Investigation & Procedure Victoria provides easy access to extensive legislation and commentary on both indictable and summary offences. The author team is led by Dr Ian Freckelton SC and comprises leading criminal law practitioners in Victoria, from both criminal defence and prosecution.

Professor Mirko Bagaric has created cross-references and short commentary notes to Criminal Law Investigation and Procedure Victoria’s section on the Crimes Act 1958. These references facilitate easy linking and cross-referencing between the legislation and related commentary in the service, as well as to other materials.

The service’s commentary to the Crimes Act 1958 appears in separate, easy to read chapters arranged by subject matter. This improvement provides easier navigation between the Crimes Act 1958 content and related commentary, to ensure a smoother user experience.

This enhancement is a direct result of customer feedback and is part of a wider program to develop the service’s currency and coverage.

The first half of 2012 has seen the comprehensive review and update of a large number of commentary chapters and annotated Acts as outlined below.

Recent developments include new and updated annotations to the Occupational Health and Safety Act 2004. These annotations include a table to comparative provisions for the 1985 and 2004 OHS Acts as well as comprehensive commentary on the 2004 OHS Act.

Phillip Priest QC has reviewed and updated the “Appeals and References” commentary chapter, with updated commentary appearing in the following sections: appeals in criminal cases; appeals against conviction; appeals against sentence; appeals based on mental impairment; procedure in conviction and sentence appeals; Crown appeals against sentence; case stated; and appeals to the High Court.

Phillip Priest QC has also reviewed and updated annotations to the Sentencing Act 1991 as a result of the changes made to that Act by the Sentencing Amendment (Community Correction Reform) Act 2011 and Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011 which together repealed provisions as to combined custody and treatment orders, intensive correction orders, community-based orders and home detention orders and provided for new community correction orders.

In the first half of 2012 Magistrate Greg Connellan reviewed and updated the annotations to the Road Safety Act 1986; the Prevention of Cruelty to Animals Act 1986 and the Domestic Animals Act 1994. Magistrate Connellan most recently reviewed the “Search and Seizure” chapter, with updates to the following sections: statutory searches of persons; statutory search of property; procedural requirements and evidence; and Victorian statutory search powers.

Professor Roger Douglas reviewed the “Violence Offences” chapter. Commentary relating to treason, stalking and conduct endangering life was updated.

Professor Mirko Bagaric reworked both the “Committal Proceedings” and “Discontinuance of Proceedings” (formerly “Nolle Prosequi") chapter in light of the changes introduced by the Criminal Procedure Act 2009.

Forthcoming updates will include a review of the “Offences Against Justice” commentary chapter by Benjamin Lindner. This chapter covers perjury; attempting to pervert the course of justice; bribery of public officials; and rescue. Tom Gyorffy SC will also review and update the annotations to the Juries Act 2000.

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By Beatrice Marett-Bird

Beatrice Marett-Bird is a Senior Editor in Criminal/Litigation team within the Thomson Reuters Legal, Tax & Accounting Commercial group. She is responsible for Criminal Law, Investigation and Procedure Victoria.

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