Prosecution Disclosure (and non-disclosure) in Criminal Matters - June 2018, paper by Felicity Graham & Stephen Lawrence
Legal Aid NSW Criminal Law Division
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2y ago
This paper, written by Barrister's Felicity Graham and Stephen Lawrence, discusses the following in relation to disclosure obligations in criminal maters: 1. Common law principles governing disclosure in criminal matters. 2. Legislation provisions and their different effects. 3. Various sources of policy, practice and procedure that operate in addition to common law and statute which also work to ensure appropriate disclosure occurs. 5. Various mechanisms available to accused persons to obtain or compel disclosure. 6. The approach of appellate courts when a failure of disclosure is raised on a ..read more
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Understanding Prosecution Disclosure Obligations by Emma Bayley, Solicitor
Legal Aid NSW Criminal Law Division
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2y ago
In this paper, solicitor Emma Bayley reviews the nature and scope of the disclosure obligations of the prosecution, for a better understanding by both prosecutors and defence ..read more
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"A practical guide to sentence in the Local Court"
Legal Aid NSW Criminal Law Division
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2y ago
“A practical guide to sentences in the Local Court” - a podcast which does exactly what the title says! This excellent informative conversation style podcast is between Robyn and Anna which unpacks what to do to prepare for a plea in mitigation in the Local Court. NOTE: There are several complimentary materials which it is highly recommended that you read before or whilst listening to this podcast. Here is the link Robyn and Anna have combined extensive experience in practising in solely in criminal law and are during this podcast they provide an insightful and excellent guide to what to do, s ..read more
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CHILD SEXUAL ASSAULT PILOT MATTERS: Practice, protocols, procedures and points of difference to other trial matters
Legal Aid NSW Criminal Law Division
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2y ago
This Podcast is all about CHILD SEXUAL ASSAULT PILOT MATTERS: Practice, protocols, procedures and points of difference to other trial matters. This podcast covers all the practical information you need about these matters. Helen Shaw is a senior solicitor in Team 2 of the Criminal Indictable Section in head office at Legal Aid. Helen was admitted as a solicitor in 1998 and has practised predominantly in the area of criminal indictable matters in both private practice and at Legal Aid. Helen has instructed counsel in numerous “pilot” trial matters since their introduction at Sydney and Newcastl ..read more
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Child Protection Register and CPPO's Post LECC review
Legal Aid NSW Criminal Law Division
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2y ago
In this podcast, solicitors Tim Khoo and Diane Elston discuss the Child Protection Register, Child Protection Prohibition Orders and some of the findings of the LECC review, ‘Operation Tusket’ into the NSW Child Protection Register (CPR). Apart from a general overview of the legislative framework they discuss: Why it is important for all practitioners to have a baseline knowledge of the CPR How a person becomes a registrable person, and circumstances where practitioners can seek to avoid the registration of their clients, including the relatively new judicial discretion for children Understan ..read more
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Understanding Mandatory visa cancellations
Legal Aid NSW Criminal Law Division
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2y ago
Did you know? Understanding mandatory visa cancellations This podcast will give you an understanding of mandatory visa cancellations under the Migration Act and how these powers can impact your clients.   Presented by Duy Pham and Stephanie Blaker, migration lawyers in the Government Law team at Legal Aid Sydney. This podcast explains what happens to visa holders post-sentencing, focusing on the mandatory cancellation provisions in s501(3A) of the Migration Act, and what to keep in mind when advising clients at all stages of the criminal proceedings, including when entering a plea and how ..read more
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Defendants in ADVO: How to Identify a victim of Domestic and Family Violence and apply Legal Aid policy
Legal Aid NSW Criminal Law Division
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2y ago
This podcast aims to assist you in accurately identifying victims of domestic and family violence when they are listed as defendants on ADVOs, and what you can do for them once you have identified that they are a client that requires ongoing assistance from Legal Aid. Discussion topics include Legal Aid’s current policy and guidelines about grants in ADVO proceedings, the legislative definitions of family and domestic violence across both state and commonwealth legislation, and useful tips that you can implement to better the service provided to our disadvantaged clients at a duty level. This ..read more
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‘Sexual Offences Against Adults and Children: A New Regime’
Legal Aid NSW Criminal Law Division
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2y ago
In this podcast, solicitors Caitlin Akthar and Ruth Carty discuss laws relating to sex offences. As well as an overview of common offences, they discuss reforms to the law including: the application of the law of consent to a broader range of offences – s61HE of the Crimes Act; the introduction of a defence of similar age – section 80AG of the Crimes Act; the discretion to declare a young offender is not to be included on the Child Protection Register (CPR) - 3C of the Child Protection (Offenders Registration) Act; and the jury warning explaining potential reasons for inconsistency in a compl ..read more
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Did you know? Navigating the new laws allowing for pre-recorded evidence in hearings
Legal Aid NSW Criminal Law Division
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2y ago
This is the first podcast in our Criminal Law Division series of podcasts titled "Did you know?" which will cover exciting new developments relevant to criminal lawyers. As part of emergency legislation introduced to respond to COVID-19, the NSW parliament introduced new laws allowing for pre-recorded evidence hearings for a range of witnesses. These hearings have significant implications for the way a criminal trial might unfold. This podcast is a conversation between Caitlin Akthar and Jonathon Paff, Indictable Solicitor at the Coffs Harbour Legal Aid office, about what the new laws mea ..read more
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What do neuropsychologists do and when should we engage them to prepare reports for criminal matters - Part 2
Legal Aid NSW Criminal Law Division
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2y ago
This podcast is part two of a two-part podcast series which covers a discussion about what psychologists and specifically what neuropsychologists do and their specialisation. It is a conversation between Will Tuckey, barrister and Dr Peter Ashkar, forensic psychologist and a clinical neuropsychologist, about when to engage psychologists, neuropsychologists and psychiatrists and the differences between them and whether they consider the same disorders in the context of criminal behaviour. Peter and Will discuss and answer questions around what neuropsychologists do and what are the ma ..read more
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