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.

Today, 40.3 million people live in modern slavery globally.

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, this resource is the first of its kind in Australia.

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    LAW

    Modern Slavery: Guidance for Australian Courts

    This guide focuses on how modern slavery issues are likely to arise in Australian courts and provides useful information to assist judicial officers in hearing such cases.
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    LAW

    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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    Bail Act 1977: Track changed version

    This resource presents a track changed version of the Bail Act 1977, highlighting newly incorporated sections following changes introduced by the Bail Amendment Act 2023 (Vic). This document serves as a reference point, allowing you to quickly grasp the amendments made to the existing law.
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    FIRST NATIONS

    Section 3A bail considerations

    This resource provides a comprehensive overview of the significant factors now required for consideration when determining bail for an accused person who identifies as Aboriginal, as a result of changes introduced by the Bail Amendment Act 2023 (Vic) to the Bail Act 1977 (Vic). This resource offers a high-level understanding of the key elements crucial in such cases.
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    FIRST NATIONS

    Bail considerations for Aboriginal people

    This guide is designed to aid cases involving Aboriginal individuals seeking bail. It addresses the amendments to section 3A of the Bail Act 1977 made by the Bail Amendment Act 2023. This resource delves deeper into the specific considerations and nuances relevant to such scenarios, offering comprehensive guidance for judicial officers.
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    Report into the death of Veronica Nelson: Implications for bail practices.

    Judge Fiona Todd's address at the VLA, OPP & VALS Bail Conference on March 21, 2024, highlights the preventable death of Veronica Nelson and emphasises the importance of systemic awareness in bail applications for Aboriginal individuals.
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    LAW

    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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    LAW

    Bugmy Bar Book

    This bar book provides key research relating to structural experiences of disadvantage and deprivation, and is designed to assist in the preparation and presentation of evidence to establish the application of the Bugmy principles in sentencing.
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Commonwealth matters

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    LAW

    Sentencing of Federal Offenders in Australia: A Guide for Practitioners (7th 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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