Nsw Law Reform - topic, very
Self-represented domestic violence defendants will be banned from cross-examining complainants in NSW criminal hearings, under a state government reform. NSW Attorney-General and Domestic Violence Minister Mark Speakman said the legal amendment, moved in the upper house on Thursday night, would reduce the stress and trauma of giving evidence for victims. The law change will prevent domestic violence complainants being directly examined in chief, cross-examined or re-examined by an unrepresented accused person. The amendment is a new provision in the Criminal Procedure Act and is expected to be enacted by September, Mr Speakman said in a statement. Newcastle Herald's trusted source for property. Home News National. Intermediaries will replace self-represented defendants to question complainants. Australian Associated Press. Nsw Law ReformLast published on 18 Nov in Media Statements. The report, of more than pages, Nw questions central to sexual assault proceedings in NSW courts, including: the structure, language and meaning of consent; when a person does not consent; knowledge of consent or non-consent; and the meaning of terms such Nsw Law Reform sexual intercourse, sexual touching and sexual act. I referred this matter to the Law Reform Commission following court outcomes that raised community concern about the law of consent.
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The Commission had regard to the experience of sexual assault survivors in the criminal justice system, and developments in other jurisdictions, in conducting the review. Sexual offences in our community are significantly under-reported to police.
The conviction rate for those offences that do make it to court in NSW is also low in comparison with other offences. The present laws around consent, and the low conviction rates for sexual assault compared with other offences, may both contribute to the reluctance of victims to come forward.
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I also thank the organisations and individuals who contributed to the report by attending consultation sessions, submitting almost written submissions, and providing over survey responses. PDF version.
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