Recent publications by law reform bodies worldwide

AuthorTracy Bruen
PositionResearch Assistant, School of Law, NUI, Galway
Compiled by Tracy Bruen, Research Assistant, School of Law, NUI,
Costs and Sanctions
Consultation Memorandum No. 12.17:
February 2005
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.
Sentencing of Federal Offenders
Issues Paper 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
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
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
Link to New South Wales Law Reform Commission’s page
on its review of the Evidence Act 1995:
272 [5:1Judicial Studies Institute Journal

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