Criminal Procedure in Australia

Textbook

Hemming, Andrew, Feld, Francine and Anthony, Thalia. 2024. Criminal Procedure in Australia. Australia. Lexis Nexis.
Book Title

Criminal Procedure in Australia

Book CategoryTextbook
ERA Publisher ID2483
AuthorsHemming, Andrew, Feld, Francine and Anthony, Thalia
Edition3rd
Page Range1-943
Number of Pages943
Year2024
PublisherLexis Nexis
Place of PublicationAustralia
ISBN9780409357844
9780409357851
Web Address (URL)https://store.lexisnexis.com.au/products/criminal-procedure-in-australia-3rd-edition-skuCP9780409357844
Abstract

3rd edition of Criminal Procedure in Australia. Contents: Police Investigation; Arrest and Bail; Interrogation; Law and Practice of Search and Seizure; Obtaining Identification Evidence; Prosecuting Crime; Adversarial Criminal Trial; Proof and Fact Finding; The Accused and the Criminal Trial; Sentencing; The Appeal Process.

KeywordsCriminal Procedure - Investigation - Pre-trial - Trial - Post Conviction
ANZSRC Field of Research 2020480799. Public law not elsewhere classified
Public Notes

There are no files associated with this item.

Byline AffiliationsSchool of Law and Justice
Western Sydney University
University of Technology Sydney
Permalink -

https://research.usq.edu.au/item/z3wv8/criminal-procedure-in-australia

Log in to edit
  • 65
    total views
  • 0
    total downloads
  • 1
    views this month
  • 0
    downloads this month

Export as

Related outputs

Will Democratic Freedoms and Human Rights Survive a Second Pandemic in Australia? A Case Study of the Legal Foundations and Mechanisms of Implementation of Australia's COVID-19 Response
Hemming, Andrew. 2024. "Will Democratic Freedoms and Human Rights Survive a Second Pandemic in Australia? A Case Study of the Legal Foundations and Mechanisms of Implementation of Australia's COVID-19 Response." Australian Law Journal. 98 (8), pp. 578-595.
Why Australia Should Adopt the English Model for Propensity and Bad Character Evidence: Rebalancing the Criminal Justice System in Favour of the Victims of Crime
Hemming, Andrew and Hudson, Emma. 2024. "Why Australia Should Adopt the English Model for Propensity and Bad Character Evidence: Rebalancing the Criminal Justice System in Favour of the Victims of Crime." Criminal Law Journal. 47 (2), pp. 180-198.
Why Australia Should Adopt the English Model for Propensity and Bad Character Evidence: Re-balancing the Criminal Justice System in Favour of the Victims of Crime.
Hemming, Andrew and Hudson, Emma. 2024. "Why Australia Should Adopt the English Model for Propensity and Bad Character Evidence: Re-balancing the Criminal Justice System in Favour of the Victims of Crime." Criminal Law Journal. 47 (2), pp. 180-198.
Is Leaving God to Make the Choice an Answer to a Charge of Murder by Reckless Indifference to Human Life or Manslaughter? A Case Study of Queensland Criminal Law
Hemming, Andrew. 2023. "Is Leaving God to Make the Choice an Answer to a Charge of Murder by Reckless Indifference to Human Life or Manslaughter? A Case Study of Queensland Criminal Law." Australian Journal of Law and Religion. 3, pp. 69-90. https://doi.org/10.55803/K470X
Criminal Procedure: LexisNexis Questions and Answers
Hemming, Andrew. 2023. Criminal Procedure: LexisNexis Questions and Answers. Australia. Lexis Nexis.
Criminal Responsibility: Older but No Wiser
Hemming, Andrew. 2023. "Criminal Responsibility: Older but No Wiser." Criminal Law Journal. 46 (5), pp. 301-315.
Lost in Translation: The Wrongful Conviction of Kathleen Folbigg Based on Fresh Medical Evidence and Expert Interpretation of Her Diaries
Hum, Fiona and Hemming, Andrew. 2023. "Lost in Translation: The Wrongful Conviction of Kathleen Folbigg Based on Fresh Medical Evidence and Expert Interpretation of Her Diaries." Australian Law Journal. 97 (3), pp. 180-195.
Evidence: commentary and materials
Hemming, Andrew and Chesser, Brianna. 2021. Evidence: commentary and materials. Sydney, Australia. Thomson Reuters.
Evidence Law in Qld, SA and WA, 2nd ed.
Hemming, Andrew. 2022. Evidence Law in Qld, SA and WA, 2nd ed. Sydney, Australia. Lawbook Co..
Under What Circumstances is the Shield Against Self-Incrimination Lowered in a Civil Action?
Hemming, Andrew. 2022. "Under What Circumstances is the Shield Against Self-Incrimination Lowered in a Civil Action?" Lincoln Memorial University Law Review. 9 (2), pp. 20-72.
Why the Jury in Pell v The Queen Must Have Had a Doubt and the High Court was Right to Quash the Guilty Verdicts
Hemming, Andrew. 2022. "Why the Jury in Pell v The Queen Must Have Had a Doubt and the High Court was Right to Quash the Guilty Verdicts." Australian Journal of Law and Religion. 1 (1), pp. 57-75.
Inconsistencies, Improbabilities and Impossibilities in the Case of cardinal Pell: A Reply to Memory Science
Hum, Fiona and Hemming, Andrew. 2022. "Inconsistencies, Improbabilities and Impossibilities in the Case of cardinal Pell: A Reply to Memory Science." Criminal Law Journal. 46 (3), pp. 151-169.
The use of real evidence in court: time to trust the common sense of the jury?
Hemming, Andrew. 2022. "The use of real evidence in court: time to trust the common sense of the jury?" Australian Law Journal. 96 (2), pp. 105-124.
Nominations to the Supreme Court: Much Ado About Nothing or a Polarized Partisan Court?
Hemming, Andrew. 2022. "Nominations to the Supreme Court: Much Ado About Nothing or a Polarized Partisan Court?" Elon Law Review. 14 (1), pp. 37-85.
Illegally or Improperly Obtained Evidence: Time to Reform s 138 of the Uniform Evidence Legislation?
Hemming, Andrew. 2021. "Illegally or Improperly Obtained Evidence: Time to Reform s 138 of the Uniform Evidence Legislation?" Journal of Judicial Administration. 31 (2), pp. 92-112.
Reform of the evidential rules for eyewitness identification in the United States – advice from the antipodes
Hemming, Andrew. 2020. "Reform of the evidential rules for eyewitness identification in the United States – advice from the antipodes." Houston Journal of International Law. 43 (1), pp. 1-74.
Reforming the Law of Rape in the United States: Some Advice from the Antipodes
Hemming, Andrew. 2020. "Reforming the Law of Rape in the United States: Some Advice from the Antipodes." Florida Journal of International Law. 32 (1), pp. 1-47.
Do Juries Understand the Criminal Standard of Proof of Beyond Reasonable Doubt?
Hemming, Andrew. 2021. "Do Juries Understand the Criminal Standard of Proof of Beyond Reasonable Doubt?" Journal of Judicial Administration. 30 (3), pp. 103-125.
Student ‘voice’ and higher education assessment: is it all about the money?
Hemming, Andrew and Power, Margaret. 2021. "Student ‘voice’ and higher education assessment: is it all about the money?" Journal of University Teaching and Learning Practice. 18 (1), pp. 1-16.
Abolition of diminished responsibility
Hemming, Andrew. 2008. "Abolition of diminished responsibility." Evers, Tania (ed.) 28th Annual Congress of the Australian and New Zealand Association of Psychiatry, Psychology and Law (NSW) (ANZAPPL 2008): Risks v Rights. Sydney, Australia 23 - 26 Oct 2008 Australia.
Civil Procedure
Zillmann, Hugh and Hemming, Andrew. 2020. Civil Procedure. Chatswood, Australia. LexisNexis Butterworths.
Is there any prospect of a model provision for similar fact/propensity evidence or the coincidence/tendency rules in Australia?
Hemming, Andrew. 2020. "Is there any prospect of a model provision for similar fact/propensity evidence or the coincidence/tendency rules in Australia?" Criminal Law Journal. 44, pp. 207-231.
Criminal procedure in Australia
Hemming, Andrew, Feld, Francine and Anthony, Thalia. 2019. Criminal procedure in Australia. Sydney, Australia. LexisNexis Butterworths.
In search of a model provision for rape in Australia
Hemming, Andrew. 2019. "In search of a model provision for rape in Australia." University of Tasmania Law Review. 38 (1), pp. 72-102.
Submission to Queensland Law Reform Commission on review of consent laws and the excuse of mistake of fact
Hemming, Andrew. 2020. Submission to Queensland Law Reform Commission on review of consent laws and the excuse of mistake of fact. Queensland Law Reform Commission.
Dangerous defendants - a rejoinder
Hemming, Andrew. 2019. "Dangerous defendants - a rejoinder." UMKC Law Review. 87 (4), pp. 827-850.
Response to consultation questions for review of the common law forfeiture rule
Hemming, Andrew. 2019. Response to consultation questions for review of the common law forfeiture rule. South Australian Law Reform Institute.
Prisons
Hemming, Andrew. 2019. "Prisons." Halsbury's laws of Australia. Sydney, Australia. Lexis Nexis.
Criminal code design and sentencing: a response to Joshua Kleinfeld's Theory of Criminal Victimization
Hemming, Andrew. 2018. "Criminal code design and sentencing: a response to Joshua Kleinfeld's Theory of Criminal Victimization." University of San Francisco Law Review. 52 (2), pp. 199-228.
Contract (GC I_II_V) - Update
Hemming, Andrew and Daniel, Michelle. 2018. "Contract (GC I_II_V) - Update." Guerrero, Tina (ed.) Halsbury's Laws of Australia. Sydney, Australia. LexisNexis Butterworths.
Halsbury's laws of Australia: criminal law GC VIII. Update of criminal law GC VIII
Hemming, Andrew. 2018. Halsbury's laws of Australia: criminal law GC VIII. Update of criminal law GC VIII. Sydney, Australia. LexisNexis Butterworths.
Criminal law updates. Update of criminal law GC V chapters 6 and 7, GC VI, and GC VII chapters 6 and 7.
Hemming, Andrew. 2018. "Criminal law updates. Update of criminal law GC V chapters 6 and 7, GC VI, and GC VII chapters 6 and 7." Guerrero, Tina (ed.) Halsbury's Laws of Australia. Sydney, Australia. LexisNexis Butterworths.
Evidence law in QLD, SA and WA
Hemming, Andrew and Layton, Robyn. Vyamajala, Lalitha (ed.) 2017. Evidence law in QLD, SA and WA. Sydney, Australia. Thomson Reuters.
Adoption of the uniform evidence legislation: so far and no further?
Hemming, Andrew. 2017. "Adoption of the uniform evidence legislation: so far and no further?" Roberts, Andrew and Gans, Jeremy (ed.) Critical perspectives on the uniform evidence law. Sydney, Australia. Federation Press. pp. 34-52
Halsbury's laws of Australia: property offences update [130-500] - [130-5825] (2017)
Hemming, Andrew. 2017. Halsbury's laws of Australia: property offences update [130-500] - [130-5825] (2017). Sydney, Australia. LexisNexis Butterworths.
Criminal law guidebook Queensland and Western Austalia
Hemming, Andrew. 2015. Criminal law guidebook Queensland and Western Austalia. Melbourne, Victoria, Australia. Oxford University Press.
Criminal procedure in Australia
Feld, Francine, Hemming, Andrew and Anthony, Thalia. 2015. Criminal procedure in Australia. Chatswood, Australia. LexisNexis Butterworths.
Civil procedure in Australia
Hemming, Andrew and Penovic, Tania. 2015. Civil procedure in Australia. Chatswood, Australia. LexisNexis Butterworths.
Halsbury's laws of Australia: criminal procedure update [130-13620]-[130-14135] (2016)
Hemming, Andrew. 2016. Halsbury's laws of Australia: criminal procedure update [130-13620]-[130-14135] (2016). Sydney, Australia. LexisNexis Butterworths.
Civil procedure: LexisNexis questions and answers
Zillmann, Hugh and Hemming, Andrew. 2016. Civil procedure: LexisNexis questions and answers. Sydney, Australia. LexisNexis Butterworths.
Criminal procedure: LexisNexis questions and answers
Hemming, Andrew and Braun, Kerstin. 2016. Criminal procedure: LexisNexis questions and answers. Sydney, Australia. LexisNexis Butterworths.
Submission to Northern Territory Law Reform Committee on the relationship between intoxication and criminal liability
Hemming, Andrew. 2013. Submission to Northern Territory Law Reform Committee on the relationship between intoxication and criminal liability. Darwin, Australia. Northern Territory Government.
Evidence law at a glance [Factsheet]
Hemming, Andrew. 2015. Evidence law at a glance [Factsheet]. Sydney, Australia. LexisNexis Butterworths.
Please mind the gap: an assessment of fatal 'one punch' provisions in Australia
Hemming, Andrew. 2015. "Please mind the gap: an assessment of fatal 'one punch' provisions in Australia." Criminal Law Journal. 39 (3), pp. 130-147.
Criminal law at a glance [Factsheet]
Hemming, Andrew. 2015. Criminal law at a glance [Factsheet]. Sydney, Australia. LexisNexis Butterworths.
Prisons
Hemming, Andrew. 2014. "Prisons." Halsbury's laws of Australia. Sydney, Australia. LexisNexis Butterworths.
Resolving the application of the Christie discretion in the uniform evidence legislation
Hemming, Andrew. 2014. "Resolving the application of the Christie discretion in the uniform evidence legislation." Federal Law Review. 42 (3), pp. 539-558.
Williams v Commonwealth
Hemming, Andrew. 2014. "Williams v Commonwealth." University of Queensland Law Journal. 33 (1), pp. 233-245.
The Patel trials: further evidence of the need to reform the Griffith Codes
Hemming, Andrew. 2014. "The Patel trials: further evidence of the need to reform the Griffith Codes." Criminal Law Journal. 38 (4), pp. 218-235.
When should a judge stop a trial?
Hemming, Andrew. 2013. "When should a judge stop a trial?" University of Notre Dame Australia Law Review. 15 (1), pp. 56-82.
Evidence: commentary and materials, 8th ed.
Hemming, Andrew, Kumar, Miiko and Peden, Elisabeth. 2013. Evidence: commentary and materials, 8th ed. Sydney, Australia. Thomson Reuters.
The constitutionality of minimum mandatory sentencing regimes: a rejoinder
Hemming, Andrew. 2013. "The constitutionality of minimum mandatory sentencing regimes: a rejoinder." Journal of Judicial Administration. 22 (4), pp. 224-234.
Why the Queensland, Western Australian and Tasmanian Criminal Codes are anachronisms
Hemming, Andrew. 2012. "Why the Queensland, Western Australian and Tasmanian Criminal Codes are anachronisms." University of Tasmania Law Review. 31 (2), pp. 1-31.
Why Bentham's vision of a comprehensive Criminal Code remains viable and desirable as the model design for a code
Hemming, Andrew. 2012. "Why Bentham's vision of a comprehensive Criminal Code remains viable and desirable as the model design for a code." University of Notre Dame Australia Law Review. 14, pp. 125-186.
Impermissibly importing the common law into Criminal Codes: Pollock v The Queen
Hemming, Andrew. 2011. "Impermissibly importing the common law into Criminal Codes: Pollock v The Queen." James Cook University Law Review.
Reasserting the place of objective tests in criminal responsibility: ending the supremacy of subjective tests
Hemming, Andrew. 2011. "Reasserting the place of objective tests in criminal responsibility: ending the supremacy of subjective tests." University of Notre Dame Australia Law Review. 13 (1), pp. 69-112.
In search of a model code provision for complicity and common purpose in Australia
Hemming, Andrew. 2011. "In search of a model code provision for complicity and common purpose in Australia." University of Tasmania Law Review. 30 (1), pp. 53-89.
Prediction of the risk of continuing violence to women through inadequate sentencing of male offenders from Aboriginal communities in the Northern Territory
Hemming, Andrew. 2011. "Prediction of the risk of continuing violence to women through inadequate sentencing of male offenders from Aboriginal communities in the Northern Territory." Northern Territory Law Journal. 1 (6), pp. 305-328.
Provocation: a totally flawed defence that has no place in Australian criminal law irrespective of sentencing regime
Hemming, Andrew. 2010. "Provocation: a totally flawed defence that has no place in Australian criminal law irrespective of sentencing regime." Western Sydney University Law Review.
Banishing evidence of intoxication in determining whether a defendant acted voluntarily and intentionally
Hemming, Andrew. 2010. "Banishing evidence of intoxication in determining whether a defendant acted voluntarily and intentionally." University of Tasmania Law Review. 29 (1), pp. 1-30.
The Criminal Code (Cth) comes to the Northern Territory: why did the original Criminal Code (NT) last only 20 years?
Hemming, Andrew. 2010. "The Criminal Code (Cth) comes to the Northern Territory: why did the original Criminal Code (NT) last only 20 years?" University of Western Australia Law Review. 35 (1), pp. 119-156.
When is a code a code?
Hemming, Andrew. 2010. "When is a code a code?" Deakin Law Review. 15 (1), pp. 65-97.
Northern Territory national emergency reponse revisited
Hemming, Andrew. 2010. "Northern Territory national emergency reponse revisited." Psychiatry Psychology and Law. 17 (3), pp. 438-463. https://doi.org/10.1080/13218711003702340
In search of a model code provision for murder in Australia
Hemming, Andrew. 2010. "In search of a model code provision for murder in Australia." Criminal Law Journal. 34 (2), pp. 81-91.
Online tests and exams: lower standards or improved learning?
Hemming, Andrew. 2010. "Online tests and exams: lower standards or improved learning?" The Law Teacher. 44 (3), pp. 283-308. https://doi.org/10.1080/03069400.2010.524031
White man speak with forked tongue
Hemming, Andrew. 2007. "White man speak with forked tongue." Adams, Michael, Barker, David and Poludniewski, Katherine (ed.) ALTA 2007: Law and Public Policy, Taming the Unruly Horse?. Perth, Australia 23 - 26 Sep 2007 Sydney, Australia.
Killing the goose and keeping the golden nest egg
Hemming, Andrew. 2008. "Killing the goose and keeping the golden nest egg." QUT Law Review. 8 (2), pp. 342-363.
It's time to abolish diminished responsibility, the coach and horses' defence through criminal responsibility for murder
Hemming, Andrew. 2008. "It's time to abolish diminished responsibility, the coach and horses' defence through criminal responsibility for murder." University of Notre Dame Australia Law Review. 10, pp. 1-35.
Roads and Traffic Authority of New South Wales v Dederer: 20/20 hindsight or an accident waiting to happen? A timely opportunity to revisit and reappraise Shirt
Hemming, Andrew. 2007. "Roads and Traffic Authority of New South Wales v Dederer: 20/20 hindsight or an accident waiting to happen? A timely opportunity to revisit and reappraise Shirt." James Cook University Law Review.
The time has come to tighten the reach of honest claim of right in Australian criminal codes
Hemming, Andrew. 2010. "The time has come to tighten the reach of honest claim of right in Australian criminal codes." Newcastle Law Review. 11 (1), pp. 167-207.
Is defamation the 'Galapagos Islands Division' of the Australian law of torts?
Hemming, Andrew. 2009. "Is defamation the 'Galapagos Islands Division' of the Australian law of torts?" University of Notre Dame Australia Law Review. 11, pp. 84-101.
Mr Adamson goes to Berrimah: a tale of abuse of position and false accounting
Hemming, Andrew. 2009. "Mr Adamson goes to Berrimah: a tale of abuse of position and false accounting." University of Notre Dame Australia Law Review. 11, pp. 23-52.