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AI Overview

"Criminal Processes and Investigative Procedures" by Kenneth J. Arenson and Mirko Bagaric is a comprehensive legal text that focuses on the criminal procedure laws in Victoria and the Commonwealth of Australia. Here is a detailed overview of the book:

Key Themes

  1. Criminal Procedure Act 2009 (Vic): The book places significant emphasis on the Criminal Procedure Act 2009 (Vic), which is the cornerstone of criminal procedure in Victoria. It explains the key aspects of this legislation, including the hierarchy of courts, commencement of criminal proceedings, bail, search and seizure, forensic procedures, police questioning, identification evidence, pleas, and the parameters of double jeopardy.

  2. Jurisdiction-Specific Focus: The text is jurisdiction-specific, providing detailed insights into the legal processes and procedures applicable in both Victorian and Commonwealth jurisdictions. This includes discussions on the statutory requirements governing the issuance of search warrants and the test for recusing a trial judge on grounds of perceived bias.

  3. Case Law and Legislation: The book combines expert commentary with extracts from case law and legislation to enhance the reader's understanding of these complex legal matters. This approach helps in developing a thorough comprehension of the subject matter.

  4. Revised and Updated Edition: The fifth edition of the book includes several updates and revisions. These include analyses of the scope of the prosecutor's duty of fairness, statutory updates about judge-alone trials, and procedures to be applied by a trial judge where a jury is deadlocked on one or more counts charged.

Plot Summary

The book does not have a traditional narrative plot but rather a structured and systematic approach to explaining the various aspects of criminal processes and investigative procedures. It covers a wide range of topics, including:

  • Hierarchy of Courts: An overview of the court system in Victoria.
  • Commencement of Proceedings: The steps involved in initiating criminal proceedings.
  • Bail and Search Warrants: The legal requirements and procedures for bail and search warrants.
  • Forensic Procedures: The role and application of forensic evidence in criminal investigations.
  • Police Questioning: The legal guidelines for police questioning of suspects.
  • Identification Evidence: The admissibility and reliability of identification evidence.
  • Pleas and Double Jeopardy: The rules governing pleas and the parameters of double jeopardy.
  • Jury System: The role and functioning of the jury in criminal trials.

Critical Reception

While specific critical reviews are not provided in the search results, the book's reputation can be inferred from its inclusion in academic and legal resources. It is listed on Goodreads with 16 ratings, indicating some level of recognition and usage among legal professionals and students. The book's structured style and jurisdiction-specific focus are likely to be well-received by those seeking a comprehensive understanding of criminal processes and investigative procedures in Victoria and the Commonwealth.

Editions and Availability

The book is available in paperback and has been updated to its fifth edition. The latest edition includes significant revisions and updates, making it a valuable resource for legal practitioners, students, and anyone interested in the intricacies of criminal procedure in Australia.