Criminal law: August 2026
The CCA discusses how childhood deprivation, youth and immaturity affect moral culpability, and the need for a nuanced approach to sentencing.
By Thomas Spohr - 1 min read
National security reforms stage two: foreign fighters (part two)
Three controversial counter-terrorism powers – control orders, preventative detention orders, and ASIO’s questioning and detention warrant powers – were due to expire under sunset clauses…
By Keiran Hardy and Professor George Williams - 3 min read
National security reforms stage one: intelligence gathering and secrecy (part one)
The National Security Legislation Amendment Act (No 1) 2014 (Cth) allows ASIO officers operating under a single ‘computer access warrant’ to access data held on multiple computers…
By Professor George Williams and Keiran Hardy - 2 min read
The right to silence: a review of the amendments to s 89A of the Evidence Act
Amendments to s 89A of the Evidence Act 1995 have created unforeseen consequences for a defendant’s right to silence. By MARIO LICHA.
By Mario Licha - 2 min read
Changes to the law concerning victim impact statements in NSW
Recent amendments to the Crimes (Sentencing Procedure) Act 1999 have made it easier for a court to take into account a victim impact statement given by a…
By Samuel Burton - 1 min read
Forensic procedures applications: an overview
The ability to obtain forensic material, which may be used in a case against them, runs contrary to both the traditional right against self-incrimination and,…
By Dr Anton Hughes - 1 min read
Statutory interpretation and the ordinary criminal lawyer: Gillard v the Queen
There were few occasions during my law degree in which a legal principle resonated to the extent that I retained it beyond the relevant exam….
By Lizzie McLaughlin - 1 min read
Mandatory sentencing: it ought to be passed in at the law and order auction
The consensus of experts is that mandatory sentencing doesn’t work. Legal practitioners know it. Researchers know it. Court administrators know it. It’s likely that at…
By Thomas Spohr - 2 min read
The Bail Act 2013: what you need to know
The NSW Law Reform Commission has reviewed and reported on bail reform. The recommendations form the basis of many of the changes brought about by…
By John Hatzistergos - 2 min read