Legislating now and trying to fix the problems later is a dangerous practice, argues Andrew Lynch.

The issue of custodial remand in Australia remains acute. More than a fifth of Australian prisoners are unsentenced ('remandees') at any one time. Depending on the jurisdiction, remandee numbers have increased by between 50% and 270% since 1995. However, Australian States and Territories remand people in custody at significantly differing rates. This study reports qualitative...

Mary Heath outlines laws of evidence that have had significant impacts on procedures in sexual offence trials and on victim-complainants' experiences in court in each Australian state and territory jurisdiction.

This briefing paper gives a general overview of bail legislation and procedure in New South Wales as a basis for a more detailed discussion of statutory amendments introduced in recent years. It also explores the increasing emphasis on participation in diversionary and rehabilitation programs as a condition of release on bail.

At any time, around 15 per cent of Australia’s 20,000 prisoners are on remand, that is, they are in custody but have not been sentenced. They are held in custody to ensure they will appear in court to answer charges, or to protect the community, or victims, or witnesses. Many people on remand do not...