*Please note that the links to the content in this Part will direct you to Westlaw AU.
The latest issue of the Criminal Law Journal (Volume 40 Part 4) contains the following material:
Australian legal responses to foreign fighters – Keiran Hardy and George Williams
In 2014–2015, the Abbott government introduced new counter-terrorism laws into the Federal Parliament. These laws were portrayed as a response to the threat of foreign fighters returning from Iraq and Syria, and the ongoing problem of home-grown terrorism. The laws also dealt with a wider range of matters, including whistleblowing by intelligence officers and the retention of metadata. This article details these laws with a view to analysing whether they were needed and are likely to be effective, the process by which they were enacted and their impact on democratic and other rights, so that lessons may be drawn more generally for the making of future counter-terrorism laws in Australia.
Compulsory examination frameworks are created by statute and are used frequently in Australia at both the Federal and State level. The areas in which the public interest is seen to justify compulsory examinations oft en overlap considerably with the criminal law jurisdiction – for example, terrorism, corruption and major crimes. Accused persons are at times subjected to such examinations. There is an obvious tension between this practice and the interests of the accused person. This article examines the protections or rights of accused persons who are examined and subsequently prosecuted. It further considers whether and how this tension should be resolved.
- The maliciousness of rape – Andy Kaladelfos
- Intermediaries in the Criminal Justice System: Improving Communication for Vulnerable Witnesses and Defendants – Emily Henderson
For the PDF version of the table of contents, click here: Crim LJ Vol 40 No 4 Contents.