|Book||Criminal Investigation and Procedure in Victoria||21/07/2009||9780455225821||$97.00|
Criminal Investigation and Procedure: The Law in Victoria provides:
• Reference both to the current law and to the law soon to commence operation, so that the work is of immediate and enduring use;
• Clear and concise expositions of the relevant law, with case and legislative authorities succinctly identified;
• Focused analysis of selected issues of policy and principle; and
• Comprehensive coverage of all stages of the criminal process: investigation, prosecution, trial, sentencing, and appeal.
As the investigation stage is vital to the unfolding of the criminal process, this work places particular emphasis on the laws and principles governing criminal investigations. Detailed yet accessible coverage is given to arrest and bail, questioning, search and seizure powers, fingerprinting and forensic procedures, and covert investigations.
Throughout the book, relevant rights pertaining to the Victorian Charter of Human Rights and Responsibilities are identified so that the law of criminal investigation and procedure in Victoria is clearly placed into its human rights context. The impact of the Charter, which came fully into operation on 1 January 2008, is gradually being felt across the Victorian criminal justice system.
This is an indispensable and accessible guide for law students, lawyers, police and non-police investigators, and government policy advisors.
- Comprehensive coverage of all stages of the criminal process: investigation, prosecution, trial, sentencing, and appeal.
- Clear and concise expositions of the relevant law, with case and legislative authorities succinctly identified.
- Reference both to the law soon to come into operation and to the current law, so the work will be of immediate as well as enduring use.
- Focused discussion of selected issues of policy and principle.
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From: Law Institute Journal Jan/Feb 2010
Reviewed by Robin Smith, Barrister
Criminal law procedure in Victoria has undergone a significant change. On 1 January 2010, the Evidence Act 2008 came into effect, bringing Victoria in line with the Uniform Evidence Act already in effect in NSW, Tasmania and the Commonwealth. The Criminal Procedure Act 2009, which also commenced at the start of the year, aims to codify Victorian criminal procedure.
This book is one of the first to incorporate these changes and includes both the preceding law and the new legislation. Readers already knowledgeable in criminal law procedure will find that this book places the new legislation into context and assists in understanding how the reforms follow, adapt or depart from the preceding law.
The authors contend that criminal procedure can be broken into five stages – investigation, prosecution, trial, sentencing and appeal. This book has a significant focus on the investigation stage, with approximately two-thirds of the text dedicated to the laws of investigation. This includes arrest, bail, questioning, identification and covert investigations. The other four stages receive a chapter each. In contrast to Fox’s Criminal Procedure, which essentially provides commentary with footnotes, the authors of this book go into criminal law procedure in depth in an easy-to-read format and, where relevant, include summaries of case law and legislation.
The book is designed for students, practitioners and investigators. For those new to criminal law, it will provide a detailed introduction to criminal procedure. Indeed, the book started as a series of university lecture notes and it will not be surprising if it becomes prescribed reading at all Victorian law schools and the Police Academy. While in many ways it is likely to be too simplistic for practitioners already working in the jurisdiction, this fi rst edition, with its explanations of the reforms, will be benefi cial to experienced practitioners who want a clear and concise summary of the new law.
Table of Contents
1. Investigators, Rights, Crimes and Courts
2. Arrest and Charge
4. Searches and Seizure of Evidence
6. Identification, Fingerprints and Forensic Procedures
7. Covert Investigations
8. Admissibility of Evidence at Trial
9. Prosecution and Committal Proceedings
10. The Trial Process