Australian Criminal Trial Procedure

This new book by retired Supreme Court Justice, the Hon Dean Mildren, author of The Appellate Jurisdiction of the Courts in Australia, is the first book to provide an overview of criminal trial practice and procedure that covers every Australian jurisdiction.

Since the middle of the 20th century the practice of criminal law has undergone fundamental modification as a consequence of rapid social and technological change. The new procedures are the result of legislation and case law in each of the nine jurisdictions where criminal law is practised.

Of growing importance has been the integration of Commonwealth legislation both in the traditional areas of criminal law, but also in new areas such as terrorism, national security and drugs. The consequences of a finding of guilt or of innocence following a criminal trial are examined as the idea that once the criminal trial and any sentence imposed is complete there are no further consequences is no longer true. While overall there are similar legislative provisions in each jurisdiction there are also many differences, particularly in the details.

One of the aims of this work is to record the practice of criminal law in the whole of Australia so it can be used as a learning tool for those new to the area and as a ready reference for those already working in it, regardless of whether they are appearing in one or multiple jurisdictions. Another purpose is to enable comparisons to be made which may lead legislative drafters and legislators to improve on existing frameworks. The history of criminal practice is also explained where it is relevant to an understanding of its present stage of development.