Criminal law

NARROWER TERMS:
Discussion paper

NZ’s cannabis referendum 2020

A referendum this year will ask the public whether they support legalising the use of cannabis, accompanied by regulation, education and taxation. This discussion paper updates the overseas evidence and assesses the government’s proposal.
Report

Review of the defence of insanity in s 16 of the Criminal Code and fitness to plead

This report complements recent TLRI reports addressing how Tasmania’s justice system can better meet the needs of persons with communication difficulties or impaired decision-making capacity.
Report

Rethinking sentencing for young adult offenders

This report assesses the available sentencing options for offenders aged 18 to 25 in Victoria. The report reviews the literature on young adult offenders and their offending trajectories. It also analyses sentencing outcomes for young adult offenders in Victoria and explores approaches to sentencing this...
Discussion paper

Corporate criminal responsibility: discussion paper

The Australian Law Reform Commission (ALRC) is seeking submissions on 23 proposals for reform to the Commonwealth’s corporate criminal law regime, and asks 11 questions on particular areas of reform. This discussion paper addresses a number of aspects of corporate criminal liability.
Report

Deportation and sentencing: an emerging area of jurisprudence

This report examines how sentencing courts deal with an offender’s potential deportation from Australia. It summarises the ways that potential deportation can affect an offender’s sentence. It also identifies unresolved issues that courts may need to consider in the context of sentencing offenders who may...
Submission

Submission to the Inquiry into a Legislated Spent Convictions Scheme

VACCA's submission directly responds to s3 of the Terms of Reference for this inquiry: in considering the need for and design of a legislated spent convictions scheme, the Committee should have regard to the experience of groups in our community who suffer particular disadvantage due...
Working paper

Can pre-recorded evidence raise conviction rates in cases of domestic violence?

The objective of this present study is to determine whether or not pre-recorded evidence raises the probability of a conviction in cases of Domestic Violence (DV) assault. In order to answer this question, the authors use administrative police and court data from New South Wales.
Submission

Submission to the Victorian Law Reform Commission on committal proceedings

Victorian Aboriginal Legal Service (VALS) Submission to the Victorian Law Reform Commission on Committal Proceedings.
Briefing paper

Abortion law and the Reproductive Health Care Reform Bill 2019

​This Issues Backgrounder compares abortion law in all Australian States and Territories as at 5 August 2019, including both the current NSW regime and that proposed in the Reproductive Health Care Reform Bill 2019 (the Bill).
Briefing paper

Justice Legislation Amendment (Police and Other Matters) Bill 2019: Bill Brief

This Bill Brief looks primarily at law reforms concerning a new class of procedure known as a ‘DNA profile sample’, which seeks to grant police the ability to authorise the taking of DNA samples from persons suspected of committing indictable offences.