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Defend Yourself is designed for those who wish to defend a charge in court. It is particularly for those who want to represent themselves; but also for those represented by a lawyer who want to better understand the criminal process. It is a signpost guide, which alerts to first principles, then encourages research.
This new second edition has been fully revised and the scope of the content has also been widened beyond NSW. The previous edition of this book was written to New South Wales - its laws, institutions and procedures. This second edition has been broadened to apply generally across Australia, but retains New South Wales as a reference point for names of institutions and details of procedures. The position in other States and Territories may be identical and will probably be very similar - but readers in those other jurisdictions should check this out for themselves.
Defend Yourself provides a wide range of information about court procedure, trials and sentencing. It will be of interest to those who find themselves in the strange and often intimidating environment of the courtroom.
CONTENTS
Introduction
Arrest and Questioning
Identification and arrest
Police questioning
Detention for questioning
Custody managers
Taking forensic samples
Charging
Bail - release pending trial
Your entitlement to release on bail
Conditions on bail
Failing to appear in court
Lawyers
Lawyers, money and ethics
Do I need a lawyer?
Self -representation
Court Procedure
Putting things on the record
Court appearances
Court protocol
Serious charges heard summarily
Pleas
Considering the implications of a guilty plea
When should I plead guilty
When should I plead not guilty
After a plea
Hearings and Trials
Hearings
Committals
Trials
Preparation
Collect evidence early
Obtain charge details
Research the law
Consider your defences
Common law defences
Statutory defences
Investigate the prosecution evidence
Use subpoenas
Apply to have the charges dropped
Sources of legal information
Evidence
Evidence and witnesses
Proof
Examination
Cross-examination
Re-examination
Some important categories of evidence
Making objections
The 'voir dire'
Sentencing
Evidence and submissions
Possible sentences
Sentences of juveniles
Costs
Appeals
How to appeal
Application for annulment
Appeals against convinction
Appeals to higher courts
Appeals against sentence
Special inquiries in New South Wales
Further Information
Magistrate's Court - a typical court set-up
A jury trial - a typical court set-up
Hearing or Trial Process
Character References
Warrants
Finding the law
Understanding case law references
Legal information at your local library
Further Reading
Contact Points
Glossary
Index
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Published 26 March 2008
Publisher The Federation Press
Paperback/118pp
ISBN 9781862876866
Australian RRP $29.95
Direct Price $25.00
International Price $25.00
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Law - Criminal Law & Procedure
Law - Judges & Courts
Law - Introduction to Law
Self Help
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