NSWPD (LC) 7/12/2000, p 11765 That the Standing Committee on Law and Justice inquire and report on:
1. The provisions of the Criminal Procedure Amendment (Pre-Trial Disclosure)
Act 2001, as passed by the House, together with the system of pre-trial
disclosure in New South Wales including:
(a) the provision of funding to various legal bodies required to undertake
pre-trial disclosure, including but not limited to:
(i) the Legal Aid Commission,
(ii) the Office of the Director of Public Prosecutions,
(iii) the Public Defenders,
(iv) the Sydney Regional Aboriginal Corporation Legal Service and other
Aboriginal legal services, and
(v) any other legal service,
(b) the frequency and type of pre-trial disclosure orders made in the Supreme
Court and District Court,
(c) the rate of compliance with pre-trial disclosure requirements by:
(i) legally aided defendants,
(ii) privately funded defendants,
(iii) Police,
(iv) the Office of the Director of Public Prosecutions,
(d) the impact of pre-trial disclosure requirements on unrepresented defendants,
(e) the effect of pre-trial disclosure requirements on court delays and waiting
times in the Supreme Court, District Court and the Court of Criminal Appeal,
(f) the effect of pre-trial disclosure requirements on the doctrine of the
right to silence,
(g) the effect of pre-trial disclosure requirements on the doctrine of the
presumption of innocence,
(h) the effect of pre-trial disclosure requirements on the doctrine of the
burden of proof resting with the prosecution,
(i) any other matter arising out of or incidental to these terms of reference.
2. That the Committee report within 18 months from the date of commencement of
the Act, as assented to.
That the Standing Committee on Law and Justice inquire and report on:
1. The provisions of the Criminal Procedure Amendment (Pre-Trial Disclosure)
Act 2001, as passed by the House, together with the system of pre-trial
disclosure in New South Wales including:
(a) the provision of funding to various legal bodies required to undertake
pre-trial disclosure, including but not limited to:
(i) the Legal Aid Commission,
(ii) the Office of the Director of Public Prosecutions,
(iii) the Public Defenders,
(iv) the Sydney Regional Aboriginal Corporation Legal Service and other
Aboriginal legal services, and
(v) any other legal service,
(b) the frequency and type of pre-trial disclosure orders made in the Supreme
Court and District Court,
(c) the rate of compliance with pre-trial disclosure requirements by:
(i) legally aided defendants,
(ii) privately funded defendants,
(iii) Police,
(iv) the Office of the Director of Public Prosecutions,
(d) the impact of pre-trial disclosure requirements on unrepresented defendants,
(e) the effect of pre-trial disclosure requirements on court delays and waiting
times in the Supreme Court, District Court and the Court of Criminal Appeal,
(f) the effect of pre-trial disclosure requirements on the doctrine of the
right to silence,
(g) the effect of pre-trial disclosure requirements on the doctrine of the
presumption of innocence,
(h) the effect of pre-trial disclosure requirements on the doctrine of the
burden of proof resting with the prosecution,
(i) any other matter arising out of or incidental to these terms of reference.
2. That the Committee report within 18 months from the date of commencement of
the Act, as assented to.