It is over 10 years since Professor George Hampel, former Supreme Court Judge and Daniel Gurvich, criminal law barrister published the first edition of Bail Law in Victoria. Since that time the Bail Act 1977 has been amended numerous times, it has been reviewed by the Victorian Law Reform Commission and has been interpreted in light of the Charter of Human Rights and Responsibilities Act 2006. In this 2nd edition of the book Professor George Hampel, Daniel Gurvich and Sarah Bruhn, who prior to becoming a barrister at the Victorian Bar worked at the Supreme Court of Victoria assisting with management of bail applications, provide a timely update of the law on bail in Victoria. A comprehensive review of the case law is provided. The authors identify the potential issues that lawyers need to be aware of when applying for (or opposing) bail. The original format of the book has been maintained where possible and additional chapters on the Charter of Human Rights and Responsibilities Act 2006 and the history of bail in Victoria are included. As with the original edition of Bail Law in Victoria the authors seek to provide a comprehensive yet easy to read text to assist lawyers in providing the best advice and advocacy.

Provides a complete overview of the criminal justice process. It analyses the influences that shape criminal justice and examines the institutional and administrative features of its operation in all jurisdictions. Findlay, University of Sydney, Australia.

Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.

The work, extracted from the four volume looseleaf service Bourkes Criminal Law Victoria, provides extensive coverage of legislation and authoritative annotations. Nash adjunct professor at RMIT.

The law of criminal investigation and procedure in Victoria is undergoing significant changes, with major new statutes - the Evidence Act 2008 (Vic) and the Criminal Procedure Act 2009 (Vic) - soon to come into operation. This book is the first book to consider the new terrain of criminal procedure in Victoria. The Law of Criminal Investigation and Procedure 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 indispensible and accessible guide for law students, lawyers, police and non-police investigators, and government policy-advisors.

The first comprehensive, international comparison of bail, this book examines how common-law countries condemn or provide alternatives to the American commercial bail bonding system. In his analysis of bail systems in 15 countries, F. E. Devine explains why other common-law countries consider the commercial provision of bail an obstruction of justice, and how they provide effective alternatives. Devine examines the pre-trial release alternatives in detail, arguing that they are at least as effective as commercial bail bonding. Devine provides a complete, comparative analysis of bail in Australia, Canada, England, India, New Zealand and South Africa. He also examines the systems of Ireland, Malaysia, Nigeria, Pakistan, Papua New Guinea, Scotland, Tanzania, Zambia and Zimbabwe. He details the prohibition of, and statutory provisions against, commercial bail in these common-law countries, and then highlights four alternative approaches to pre-trial release: recognizance, criminal penalties, non-financial conditions, and non-commercial financial security deposits. Devine argues that these options are as effective as commercial bail. This book is valuable to scholars of criminal justice, criminology, comparative law, political science, and sociology, and to criminal justice reformers and professionals.

This report is about the directions that judges give to juries in the course of a criminal trail, and particularly at the summing up. These directions are designed to help jurors understand as much of the law and the issues that arise in the case as they need to make proper use of the evidence and to reach a verdict.