Criminal law and procedure.

These resources provide guidance and information on bail, sentencing and sexual offences.

These resources supplement the information contained in the following College bench books:

For information on evidence law, please see our dedicated Evidence page.

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Modern slavery is the illegal exploitation of people for personal or commercial gain. It covers a wide range of abuse and exploitation including organ trafficking, trafficking in persons/children, forced labour or services, debt bondage and forced marriage.

Produced at the request of the Judicial Council on Cultural Diversity, the resource is the first of its kind in Australia.

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    Key Bail Act Case Summaries (post-2018 reforms)

    Following reforms made in 2018 to the Bail Act 1977, the College has provided a collection of key bail decisions which summarises relevant principles to assist judicial decision making.
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    Risk Indicators of Family Violence for Bail Decision Makers

    This document summarises judicial and academic commentary on factors that show when there is a family violence risk for consideration, as required by Bail Act 1977 s 5AAAA.
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    Sentencing Advisory Council: Sentencing Statistics

    The Victorian Sentencing Advisory Council provides several different types of sentencing statistics information: SACStat, Sentencing Snapshots and General Trends reports.
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Commonwealth matters

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    Commonwealth Sentencing Database

    The Commonwealth Sentencing Database contains both statistical information about federal sentencing practices and commentary on principles and practices in federal sentencing.
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    Sentencing of Federal Offenders in Australia: A Guide for Practitioners (6th ed)

    Produced by the Commonwealth Director of Public Prosecutions, this guide contains detailed information about the law of federal sentencing, including the relevance of various sentencing factors, and the available sentencing options for Commonwealth offences.
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Ancillary orders

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    Guide to the Serious Offenders Act 2018

    The Serious Offenders Act 2018 regulates Victoria's post-sentence supervision and detention regime. This guide explains the operation of the legislation along with reference to relevant case-law on the tests for making orders and sentencing for breaches of orders.
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    Therapeutic Treatment Orders Flowchart

    A therapeutic treatment order is a hybrid order which can involve both the criminal and family divisions of the Children’s Court. This flowchart describes this process and identifies the relevant statutory provisions and possible outcomes.
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These resources supplement information in the bench books:

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    Sexual offence reforms 2023

    The Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022 (the Act) implements reforms coming out of the Victorian Law Reform Commission’s ‘Improving the Response of the Justice System to Sexual Offences’ report. This summary supplements information in the College’s bench books to provide a short overview of the major parts of the reforms which commence on 30 July 2023.
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    Confidential Communications

    Evidence (Miscellaneous Provisions) Act 1958 Part 2, Division 2A regulates when confidential communications by sexual offence complainants to medical practitioners and counsellors can be subpoenaed and admitted. This guide outlines the operation of Division 2A by reference to relevant authorities.
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    Guide to the Sex Offenders Registration Act 2004

    The Sex Offenders Registration Act 2004 creates ongoing reporting obligations for those convicted of certain offences, with provisions for automatic and discretionary registration. This guide outlines the circumstances for automatic and discretionary registration, and the test for when to order discretionary registration.
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    ANVIL Categorisation of Child Exploitation Material

    The ANVIL categorisation scheme produced by the Australian Federal Police provides a systematic way to analyse the severity of child exploitation material, with explanations of the different categorisation levels which may be referred to in proceedings.
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    Case Note: Hughes v The Queen (2017) 263 CLR 338

    The leading case on the admissibility of tendency evidence in multiple complainant sexual offence proceedings. This case note summarises the decision and the majority’s guidance on admissibility.
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    Case Note: R v Bauer (2018) 266 CLR 56

    A leading case on the admissibility of tendency evidence in a single complainant sexual offence proceeding. This case note summarises the decision and the court’s guidance on admissibility, and the use of previous trial recordings and complaint evidence.
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    SKILLS

    Courtcraft.

    The focus of courtcraft is on how judicial officers manage and maintain their courtroom or tribunal room. These resources provide insight into the nuances of working online, in tribunals, and with vulnerable participants.
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    SOCIAL CONTEXT

    Victims and witnesses.

    Understanding the diverse experiences, characteristics and needs of victims and witnesses, and reconciling these with legal and professional requirements, can assist in working with victims and witnesses in your courtroom.
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