Table of Contents
Letter of Transmission
Terms of Reference
Participants in this Report
Summary of Main Recommendations
CHAPTER 1: INTRODUCTION
I. Origin of this Report
II. Our Research Program
III. The Principle Underlying this Report
CHAPTER 2: THE ROLE OF THE UNSWORN STATEMENT IN THE NEW SOUTH WALES CRIMINAL LAW PROCESS
I. The Accused Person's Options and Their Consequences: The Current Law
II. History in New South Wales
CHAPTER 3: SOME BACKGROUND AND COMPARATIVE MATERIAL
I. Incidence and Impact of the Unsworn Statement
II. The Position Elsewhere
CHAPTER 4: RECOMMENDATIONS
I. Introduction
II. The Abolitionist Argument Cross-Examination
III. Discouragement of untruthful Statements
IV. Evidentiary Status of the Unsworn Statement and Methods of Control
V. Should there be a right to make an Unsworn Statement and also give Sworn Evidence?
VI. Raising the Issue of the Accused Person’s Character
VII. Jury Directions and Comment
VIII. Should the right to make an Unsworn Statement be Extended to Summary Trials?
CHAPTER 5: SOME MATTERS OF PRACTICE
I. Introduction
II. Length of Unsworn Statements
III. The Right to Read an Unsworn Statement
IV. The Role of Lawyers in the Preparation and Delivery of the Statement
V. Counsel’s Right to Prompt the Accused person
VI. The Use in the Unsworn Statement of Terms Suggesting an Oath or Affirmation
Appendix A - Select Bibliography
Appendix B - Portion of Letter Outlining Various Options for Reform
Appendix C - Submissions Received