Criminal Investigation & Procedure in Victoria Fourth Edition - eBook
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Date: 24/06/2022 Code: 9780455247120 Lawbook Co., AUSTRALIA |
Criminal Investigation & Procedure in Victoria Fourth Edition - eBook
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Criminal Investigation & Procedure in Victoria Fourth Edition - eBook
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Criminal Investigation and Procedure in Victoria Fourth Edition
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Description
The fourth edition of Criminal Investigation and Procedure in Victoria provides an up-to-date, concise, and comprehensive account of all key laws relating to criminal investigation and procedure in Victoria. This new edition includes the following topics:
· Outcomes from the Royal Commission into the Management of Police Informants (2020) comprising the enhanced prosecutorial disclosure obligations, , an on-going duty of informants to provide all relevant information to prosecution authorities; and ; the creation of the Office of Special Investigator;;
· appellate decisions concerning Victoria police questioning and detention powers (DPP v Hollis [2019] VSCA 110) and the duty to caution suspects (DPP v Hou [2020] VSCA 190) under s 464 of the Crimes Act 1958, and the requirements of a valid search warrant under the Crimes Act 1914 (Cth) s 3E;
· right to apply for a second (and subsequent) appeal against conviction on the basis of “fresh” and “compelling” new evidence;
· replacement of de novo appeals from the Magistrates’ Court and the Children’s Court, with a “rehearing” procedure;
· Spent Convictions Act 2021 (Vic) removing much of the stigma and adverse effects of historical convictions;
· updated examples of miscarriages of justice caused by judicial error in jury directions and related rulings;
· updated examples of prosecutorial error in the conduct of criminal trials occasioning a miscarriage of justice;
· appellate decisions concerning “standard sentencing” and the relevance of the “Verdins principles” to a personality disorder for the purpose of sentencing;
· renaming of the Drug Treatment Order to the Drug and Alcohol Treatment Order, and the establishment of a new Drug Court Division in the County Court;
· recent case examples of the value of interlocutory appeals; and
· the High Court decision in Pell v The Queen [2020] HCA 12.
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Table of Contents
Introduction
1. Investigators, Rights, Crimes and Courts
2. Arrest, Detention, and Charge
3. Bail
4. Searches and Seizure of Evidence
5. Questioning
6. Identification, Fingerprints, Forensic Procedures and DNA Profile Samples
7. Covert Investigations
8. Admissibility of Evidence Obtained During Investigations
9. Prosecution and Committal Proceedings
10. The Trial Process
11. Sentencing
12. Appeals
13. Prisons, Parole, Community, Corrections and Victim Compensation
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