Recent publications by law reform bodies worldwide

• Author: Tracy Bruen
• Position: Research Assistant, School of Law, NUI, Galway
• Pages: 271-295

RECENT PUBLICATIONS BY LAW REFORM BODIES

WORLDWIDE

Compiled by Tracy Bruen, Research Assistant, School of Law, NUI,

Galway

ALBERTA

•Costs and Sanctions

Consultation Memorandum No. 12.17:

February 2005

http://www.law.ualberta.ca/alri/pdfs/cnslt_memo/cm12-17.pdf

This Consultation Memorandum is issued as part of the ongoing

Alberta Rules of Court Project. Under the rubric of “Costs,” this

consultation memorandum deals with a wide range of subjects,

including party and party costs, solicitor-client accounts, taxation,

costs as penalties, and several specific topics. It also deals with the

rules relating to contempt of court.

AUSTRALIA

•Sentencing of Federal Offenders

Issues Paper 29

http://www.austlii.edu.au/au/other/alrc/publications/issues/29/

This comprehensive issues paper details the results of years of work

on a review of Part 1B of the Crimes Act 1914 with respect to the

sentencing, imprisonment, administration and release of federal

offenders. It is felt that Part 1B is unclear about whether it intends

to achieve greater equality of treatment between federal offenders

serving sentences in different states and territories; that it is complex

and ambiguous; and that it omits any detailed reference to the aims

and purposes of sentencing. Specific provisions have been criticised

for their complexity,poor drafting, inflexibility,lack of sufficient

scope or because they lead to an undesirable practical outcome. An

overview is given of some of the key changes in the Australian states

and territories in recent years with respect to the principles,

procedures, institutions and context of sentencing. It looks at

judicial discretion in sentencing, “truth” in sentencing, rise in prison

2005] Recent Publications

By Law Reform Bodies Worldwide

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populations, alternatives to imprisonment, victims, special categories

of offenders, and the role of prosecutors in sentencing, among other

topics related to sentencing.

• Review of the Evidence Act 1995

Issues Paper 28

http://www.austlii.edu.au/au/other/alrc/publications/issues/28/

This Issues Paper is the first document produced in the course of an

Inquiry into the Evidence Act 1995 and is intended to identify the

main issues relevant to the Inquiry, provide some background

information, and encourage informed public participation. It is

published by the ALRC in consultation with the New South Wales

Law Reform Commission. The aim is to produce a joint report. The

ALRC is also liaising closely with the Tasmania Law Reform

Institute and the Victorian Law Reform Commission. In reviewing

the Evidence Act the ALRC pays particular regard to the

examination and re-examination of witnesses, beforeand during

proceedings; the hearsay rule and its exceptions; the opinion rule and

its exceptions; the coincidence rule; the credibility rule and its

exceptions; and privileges, including client legal privilege. The

relationship between the Evidence Act and other legislation

regulating the laws of evidence is considered, with emphasis given to

issues including, rape shield laws, children as witnesses and family

law proceedings. In considering the operation of the Act, the ALRC

focuses on relevant decisions of the Australian Federal Courts and

decisions in New South Wales, Tasmanian or Norfolk Island courts

in relation to evidence legislation in these jurisdictions.

Note: For information on the review of the Evidence Act 1958

which is currently underway in Victoria, see

http://www.lawreform.vic.gov.au/CA256902000FE154/Loo

kup/Evidence_Information_Paper/$file/Evidence%20Inform

ation%20paper.pdf

Link to New South Wales Law Reform Commission’s page

on its review of the Evidence Act 1995:

http://www.agd.nsw.gov.au/lawlink/lrc/ll_lrc.nsf/pages/LRC_

cref109

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