|
Navigation: Previous Page | Contents | Next Page
Recommendations
Recommendation 1
3.104 The
committee recommends that the proposed section 23CF be clarified to ensure that
it is only intended to require a non-specific indication of the Accused's
reasons for dispute.
Recommendation 2
3.105 The
committee recommends that the proposed section 23CL be amended to ensure that
it does not require a general removal of legal professional privilege but
rather only clarifies the effect of an order of the court pursuant to the
proposed section 23CD requiring the accused to disclose a limited range of
documents such as draft witness statements and expert reports but not legal
advice.
Recommendation 3
3.106 The
committee recommends that proposed section 23CM be amended to reflect the
sanctions regime embodied in Victorian legislation.
Recommendation 4
3.107 The
committee recommends that proposed section 30AI of the Bill be re-drafted to
clarify the jurisprudentially established distinctions between the terms 'fresh
evidence' and 'new evidence or further evidence'.
Recommendation 5
3.108 The
committee recommends that proposed subsection 30AB(2) be removed so that the
granting of leave to appeals against an interim judgement or decision is not
restricted to the trial judge.
Recommendation 6
3.109 The
committee recommends that proposed subsection 58DA(1) of the Bill allow for
multiple bail applications and that the requirement for a significant change
of circumstances be deleted from proposed subsection 58DA(2).
Recommendation 7
3.110 The
committee recommends that the Bill be amended to include a presumption in
favour of bail.
Recommendation 8
3.111 Subject
to the preceding recommendations, the committee recommends that the Senate pass
the Bill.
Navigation: Previous Page | Contents | Next Page
|
