1. This Issues Paper is the first to be published in the course of the commission’s reference

“to inquire into and review the law and practice relating to criminal procedure, the conduct of criminal proceedings, and matters incidental thereto ...”

The Paper is divided into three Parts.

2. The first Part, chapters 1-4, is introductory. Chapter 1 is mainly concerned with the need for our terms of reference; chapter 2 with some of the idiosyncratic language of criminal procedure; chapter 3 with the structure of the criminal courts system in New South Wales; and chapter 4 with how criminal proceedings are initiated, and the procedures which then come into play.

3. The second Part of the Paper, comprising chapters 5 and 6, outlines our general approach to this reference. Chapter 5 is intended to open wide ranging debate about the principles which ought to underpin criminal procedures. Chapter 6 states our present view on the scope of the review of criminal procedure we shall undertake in the course of the reference. We list there, in broad terms, not only our general objectives but also our long term short term, and medium term objectives. In addition, we speak of our work program.

4. In this Paper, we are concerned mainly with procedures in Courts of Petty Sessions. A second Paper will consider the period between committal and trial in indictable matters, and trials on indictment in general; a third Paper will consider matters relevant to sentencing, and a fourth Paper will consider appeals.

5. We stress in chapter 6 that we do not propose to defer making reports on this reference until after all the Issues Papers have been published. We will invite submissions on the subject matter of each Issues Paper as it is published, and we expect to make reports from time to time before the last of our Issues Papers, dealing with our long term objectives, has been produced.

6. The third part of this Paper, chapters 7-10, is concerned solely with Courts of Petty Sessions. We consider delays in those Courts, their jurisdiction and some of their procedural problems. Finally, we examine the subject of committals for trial.

7. We concentrate on Courts of Petty Sessions at this early stage of our work on this reference for two main reasons. First most of the criminal court work of New South Wales is done in these courts. And, secondly, their work- load at any given time influences the work-load of the entire criminal courts system. Almost all cases dealt with in the criminal jurisdictions of the Supreme Court and the District Court are first dealt with in courts of Petty Sessions. In short, they constitute a pipe through which most criminal work is conveyed; if the pipe is obstructed, the work cannot flow as it should.

8. Chapters 2, 3 and 4 are descriptive and, for the purposes of this Outline, we make no further reference to them.