Table of Contents

MEMBERS AND STAFF OF THE COMMISSION

PREFACE

INTRODUCTION

CHAPTER 1. OUR TERMS OF REFERENCE

CHAPTER 5. SOME GENERAL PRINCIPLES

CHAPTER 6. THE SCOPE OF OUR REVIEW

I. Introduction

II. Criminal Procedure and the Criminal Justice System

III. Objectives: General

IV. Objectives: Long Term

V. Objectives: Short and Medium Term

CHAPTER 7. COURTS OF PETTY SESSIONS: DELAYS

I. Introduction

II. Proper Delays

CHAPTER 8. COURTS OF PETTY SESSIONS: JURISDICTION

I. Infringement Notices

II. Indictable Offences Which May be Tried Summarily

III. Indictable Offences Which Ought to be Summary Offences

IV. Trial by Judge Alone

V. Trial on Indictment Leading to Conviction of Summary Offence

CHAPTER 9. COURTS OF PETTY SESSIONS: PROCEDURE

I. Introduction

II. The Service of Process

III. Representation

IV. Pre-Trial Procedures

V. Section 476 of the Crimes Act 1900

VI. Forms of Summons and Listing Arrangements

VII. Pleas

VIII. Prosecutors and Court Officers

IX. The Mentally III Defendant

X. Witnesses

XI. Costs

XII. Contempt of Court

XIII. The Functus Officio Rule

XIV. Civil Liabilities of justices

XV. Compensation Orders

XVI. Recognizances

XVII. Rules of Court

CHAPTER 10. COMMITTAL FOR TRIAL

I. Introduction

II. Before the Trial


A. Introduction

B. Existing Committal Procedures

C. Paper Committals

D. Other Pre-Trial Procedures

E. Some Issues


III. Particular Problems in the Present Form of Committals

A. The Title of the Process

B. The Joinder of Additional Defendants

C. The Application of the Rules of Evidence

D. Criteria for Committal

E. Guilty Pleas and Committal for Sentence