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- Title
An Empirical Analysis of Suppression Orders in the Victorian Courts: 2008-12.
- Authors
Bosland, Jason; Bagnall, Ashleigh
- Abstract
It is frequently bemoaned that Victorian courts make far too many suppression orders compared to courts in other Australian jurisdictions, and that the rate is on the increase. However, it is not only the frequency of suppression orders that has attracted concern: commentators also claim problems exist with the breadth, clarity and duration of such orders. In response to these concerns, this article undertakes an empirical study of suppression orders made by the Victorian courts between 2008 and 2012. The results show that the rate of suppression orders in Victoria is, indeed, high and appears to be increasing. It is also found, consistent with anecdotal claims, that there are significant problems with the breadth, clarity and duration of orders. Each of these problems is considered in detail and, in light of the empirical findings, an evaluation is undertaken of the model legislation on suppression orders endorsed by the Standing Committee of Attorneys-General and a modified version of that model, the Open Courts Bill 2013 (Vic), introduced into the Victorian Parliament on 26 June 2013.
- Subjects
SUPPRESSION of evidence; LEGISLATIVE bills; ATTORNEYS general; JUSTICE ministers; JURISDICTION
- Publication
Sydney Law Review, 2013, Vol 35, Issue 4, p671
- ISSN
0082-0512
- Publication type
Article