Terms of Reference
Persuant to section 10 of the Law Reform Commission Act 1967 (NSW), the then Attorney General, the Honourable J P Hannaford MLC, referred by letter dated 17 March 1995, the following matter to the Law Reform Commission:
- whether the Crown should have a right of appeal where there is a directed verdict of acquittal.
In conducting this review the Commission should have regard to:
- the incidence of directed verdicts of acquittal;
- the double jeopardy rule and the rights of the accused person;
- the impact on the administration of justice and on public confidence in the judiciary of any proposals for reform; and
- any related matter.
Participants
The Law Reform Commission is constituted by the Law Reform Commission Act 1967. For the purpose of this reference, the Chairman, in accordance with the Act, established a Division comprising the following members of the Commission:
The Hon G J Samuels AC QC
Professor Michael Tilbury
Professor David Weisbrot
Officers of the Commission
Executive Director
Research and Writing
Mr Bruce Fischer
The Hon G J Samuels AC QC
Librarian
Desktop Publishing
Administrative Assistance
Ms Zoya Howes
Ms Bronwyn Spiteri
Submissions
The Commission invites submissions on the issues raised in this Discussion Paper. Submissions and comments must reach the Commission by 31 August 1995. Suggestions for further issues which should be considered are welcome.
All enquiries and submissions should be directed to:
[Current contact details for the Law Reform Commission]
Who can make a submission?
Anyone can make a submission or comment. If you have an opinion on the matters under review or personal experience of the issues involved, the Commission would like to hear from you. You do not need legal qualifications to make a submission, although the Commission welcomes input from the legal community.
Use of submissions and confidentiality
Submissions may be used by the Commission in two ways:
1. Because the law reform process is a public one, copies of submissions are normally made available by the Commission on request to other persons or organisations. If you would like your submission to be treated as confidential, please indicate this on your written submission or oral comments. Any request for a copy of a submission marked"confidential" will be determined in accordance with the Freedom of Information Act 1989 (NSW).
2. In preparing its Report, the Commission will make reference to submissions made in response to this Discussion Paper. However, a request for confidentiality will be respected by the Commission in relation to the publication of submissions.
Thus, if you would like your submission treated as confidential, please indicate this on your written submission or when making oral comments.