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.

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