Staying Informed - Law Institute of Victoria

Detention should be last resort, LIV tells inquiry

Karin Derkley 08 Sep 2021

Detention should be a measure of last resort, but instead an increasing number of Victorians are being detained before they have even been found guilty of a crime, LIV president Tania Wolff told the Parliamentary Inquiry into Victoria’s Criminal Justice System.

Courts Criminal Procedure

Criminal lawyers encouraged to participate in diversion survey

Karin Derkley 21 Apr 2021

A survey by the LIV’s Criminal Law Section hopes to clarify why diversion applications by criminal defence lawyers for their clients are apparently frequently denied without cause...

Courts Criminal Procedure

Victorian law reform: How sexual offences are dealt with

VLRC 01 Dec 2020

The VLRC wants to hear the views of practitioners on the best ways of responding to sexual offences, including alternatives to the justice system.

Criminal Procedure Practice & Procedure

Leaders in Practice - Business Assessment (Banner)

High Court judgments

David Kelsey-Sugg 01 Aug 2020

Criminal trial – mixed statements

Criminal Procedure Evidence Immigration Judgment

High Court judgments

David Kelsey-Sugg 01 Jun 2020

Sexual offences against children – appeal against conviction by jury.

Criminal Procedure Evidence Judgment Taxation

High Court judgments

David Kelsey-Sugg 01 May 2020

Sexual offences against children – appeal against conviction by jury.

Criminal Procedure Evidence Judgment

High Court judgments

David Kelsey-Sugg 01 Apr 2020

Directions to jury – Liberato direction.

Criminal Procedure Immigration Judgment

High Court judgments

David Kelsey-Sugg 01 Mar 2020

Crown appeal against sentence – procedural fairness . . .

Criminal Procedure Immigration Judgment Police

Judicial College of Victoria: Collaborating against family violence

Elanor Peattie 01 Mar 2020

Multidisciplinary approaches involve a departure from the traditional

adversarial model of justice to one that is collaborative and problem-solving...

Criminal Procedure

Criminal law: Sex Offenders Register – A guide for lawyers

Bill Doogue 01 Feb 2020

There are some basic concepts that lawyers should be familiar with when assisting clients on the sex offenders register...

Criminal Procedure Practice & Procedure

Criticisms of committals process unfounded

Karin Derkley 23 Jan 2020

Abolishing committal hearings will undermine fundamental rights in the criminal justice system and exacerbate trial delays in the higher courts by making pre-trial processes significantly longer and increasing the number of cases that proceed to trial, the LIV says...

Courts Criminal Procedure

Videolink assessments defended

Karin Derkley 09 Dec 2019

Forensic psychologists and psychiatrists have defended the use of video conferencing for mental health assessments of defendants after a County Court judge claimed the practice was not a reliable or valid method for a forensic report...

Criminal Procedure Sentencing

Lowering the bar of admissibility

Antony Lee Berger 01 Jul 2019

There has been a major upheaval in the High Court’s approach to tendency evidence resulting in lowering the threshold for admitting tendency evidence. This strongly favours the prosecution, especially in sexual offence cases...

Criminal Procedure

Have your say on committal hearings

VLRC 01 Jul 2019

The VLRC is exploring whether committals should be abolished or reformed to reduce victims’ trauma...

Criminal Procedure

Opposition welcomes debate on old minor offences

Karin Derkley 20 Feb 2019

Support for the Spent Convictions Bill is growing, with the LIV, the Victorian Bar and former shadow attorney-general John Pesutto coming out in favour of the scheme which would wipe clean the criminal record of those with minor convictions after 10 years, or five years for minors. ..

Criminal Procedure Sentencing Young Persons

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