Legal Aid NSW Criminal Law Division

This episode is the recording of an in-house seminar given by Professor Elizabeth Elliot AM FAHMS on Fetal Alcohol Spectrum Disorder (FASD) and the Law. Professor Elliott is a Distinguished Professor in Paediatrics and Child Health in Sydney University Medical School; Consultant Paediatrician, Sydney Children’s Hospitals Network (Westmead); a National Health and Medical Council of Australia (NHMRC) Practitioner Fellow; and Fellow of the Academy of Health and Medical Sciences.

In this seminar, Professor Elliot provides an update on progress in addressing FASD in Australia and its relevance to the legal profession.

In this episode Legal Aid Solicitor Kate Bleasel interviews Felicity Graham, Barrister at Black Chambers, about prosecution disclosure and non-disclosure in criminal matters. The associated papers are also available on this channel.

This paper, written by Barrister's Felicity Graham and Stephen Lawrence, discusses the following in relation to disclosure obligations in criminal maters:

1. Common law principles governing disclosure in criminal matters.

2. Legislation provisions and their different effects.

3. Various sources of policy, practice and procedure that operate in addition to common law and statute which also work to ensure appropriate disclosure occurs.

5. Various mechanisms available to accused persons to obtain or compel disclosure.

6. The approach of appellate courts when a failure of disclosure is raised on appeal against conviction.

7. The use of subpoenas as a mechanism to obtain relevant material in criminal proceedings.

This paper, written by Barrister's Felicity Graham and Stephen Lawrence, discusses the following in relation to disclosure obligations in criminal maters:

1. Common law principles governing disclosure in criminal matters.

2. Legislation provisions and their different effects.

3. Various sources of policy, practice and procedure that operate in addition to common law and statute which also work to ensure appropriate disclosure occurs.

5. Various mechanisms available to accused persons to obtain or compel disclosure.

6. The approach of appellate courts when a failure of disclosure is raised on appeal against conviction.

7. The use of subpoenas as a mechanism to obtain relevant material in criminal proceedings.

In this paper, solicitor Emma Bayley reviews the nature and scope of the disclosure obligations of the prosecution, for a better understanding by both prosecutors and defence.

In this paper, solicitor Emma Bayley reviews the nature and scope of the disclosure obligations of the prosecution, for a better understanding by both prosecutors and defence.

Aaron Tang, Senior Solicitor at Legal Aid NSW and Simon Healy, Barrister at Samuel Griffiths Chambers, present 2 comprehensive episodes on Social Media Evidence. In this Part Aaron and Simon address the following; 1: Police use of social media 2: Defence response 3: Admissibility.

Following on from Part 1 in the two series on Social Media Evidence, in this episode Aaron Tang and Simon Healy cover; 4: Identification 5: Defence use of social media.

In a 5 part series, the Early Appropriate Guilty Plea Implementation Team at Legal Aid NSW will take you through an explanation of the EAGP reforms. In these episodes, the team will refer you to the relevant legislation, operational aspects of the reform and tips for practioners on how to deal with EAGP matters.

In this episode the team discusses the following:

1. The case for change; what led to the EAGP Reforms

2. An outline of the EAGP committal process

3. How the reforms apply to criminal matters

4. Antipipated court timeframes for new committal matters.

This is the 2nd episode in a 5 part series by the Early Appropriate Guilty Plea Implementation Team at Legal Aid NSW that takes you through an explanation of the EAGP reforms.

In this episode the team discusses steps 1 and 2 of the new EAGP committal process:

1. Early Disclosure

2. Charge Certification.