Legal Aid NSW Criminal Law Division
Insightful ideas on how to effectively brief Counsel - tips from Sophie Coulson, Solicitor and Peter Pearsall, Public Defender

Insightful ideas on how to effectively brief Counsel - tips from Sophie Coulson, Solicitor and Peter Pearsall, Public Defender

December 18, 2019

Have you wondered how to best sort and arrange a brief of evidence in the most effective way to brief Counsel?….if so THIS PODCAST IS FOR YOU! You will hear an exchange of ideas and tips from Peter Pearsall Public Defender and Sophie Coulson, Legal Aid Indictable Solicitor. They discuss excellent suggestions for how to compose effective memos, to analyse evidence and how to best instruct Counsel in serious criminal matters.

NOTE: During the Podcast reference is made to a paper by author Sarah Bayley however the paper is written by Emma Bayley which can be found here. The other article referred to in the Podcast is found here by Felicity Graham and Stephen Lawrence.

 

 

Section 32 of the Mental Health (Forensic Provisions) Act 1990 – A Neuropsychologist’s Perspective

Section 32 of the Mental Health (Forensic Provisions) Act 1990 – A Neuropsychologist’s Perspective

May 17, 2019

In this episode, Gráinne Marsden, Legal Aid solicitor, and Dr Sally McSwiggan, Consultant Neuropsychologist, discuss Section 32 of the Mental Health (Forensic Provisions) Act 1990 with a particular focus cognitive impairment and intellectual disability.  The episode broadly looks at issues including the expert, the client, best practice in briefing experts, how to get your application over the line, and what to do if your client is found ineligible.

Fetal Alcohol Spectrum Disorder & The Law

Fetal Alcohol Spectrum Disorder & The Law

November 28, 2018

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.

Prosecution Disclosure (and non-disclosure) in Criminal Matters

Prosecution Disclosure (and non-disclosure) in Criminal Matters

November 15, 2018

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.

Prosecution Disclosure (and non-disclosure) in Criminal Matters - June 2018, paper by Felicity Graham & Stephen Lawrence

Prosecution Disclosure (and non-disclosure) in Criminal Matters - June 2018, paper by Felicity Graham & Stephen Lawrence

November 15, 2018
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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.

 

Understanding Prosecution Disclosure Obligations by Emma Bayley, Solicitor

Understanding Prosecution Disclosure Obligations by Emma Bayley, Solicitor

November 15, 2018
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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.

Social Media Evidence; Part 1

Social Media Evidence; Part 1

October 26, 2018

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.

Social Media Evidence; Part 2

Social Media Evidence; Part 2

October 26, 2018

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.

Early Appropriate Guilty Plea (EAGP) Law Reform; Episode 1

Early Appropriate Guilty Plea (EAGP) Law Reform; Episode 1

June 29, 2018

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.

Early Appropriate Guilty Plea (EAGP) Law Reform; Episode 2

Early Appropriate Guilty Plea (EAGP) Law Reform; Episode 2

June 29, 2018

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.

Early Appropriate Guilty Plea (EAGP) Law Reform; Episode 3

Early Appropriate Guilty Plea (EAGP) Law Reform; Episode 3

June 29, 2018

This is the 3rd 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 3 and 4 of the new EAGP committal process:

3. Case conferencing

4. Case conferencing certificates.

Early Appropriate Guilty Plea (EAGP) Law Reform; Episode 4

Early Appropriate Guilty Plea (EAGP) Law Reform; Episode 4

June 29, 2018

This is the 4th 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 committal procedures including:

  • Witness hearings
  • Fitness issues
  • The process of committal for trial and sentence.
Early Appropriate Guilty Plea (EAGP) Law Reform; Episode 5

Early Appropriate Guilty Plea (EAGP) Law Reform; Episode 5

June 29, 2018

This is the final 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 the new statutory sentence discount scheme.

Child Sexual Assault Pilot

Child Sexual Assault Pilot

May 9, 2018

This episode is an interview between one of our senior solicitors, Helen Shaw, and Barrister Sharyn Hall. In it they discuss the Child Sexual Assault Pilot - what it is and how it operates in practice.

Cross examination; the art of asking simple questions in the right order

Cross examination; the art of asking simple questions in the right order

April 23, 2018

In this episode Troy Anderson, Public Defender, delivers a seminar on 'Cross examination; the art of asking simple questions in the right order'. Troy provides useful and relevant insights and tips for criminal lawyers that will undoubedly assist in cross examining witnesses.

Bail

Bail

April 19, 2018

This episode on the topic of bail is presented by Rose Khalilizadeh, Barrister at Forbes Chambers. Rose provides an overview of bail to assist with preparing an application on behalf of an accused. Rose breaks down the episode into 3 parts; 1. The basics of a bail application. 2. Recent developments in case law relating to bail. 3. Practical tips.

The Art of Advocacy

The Art of Advocacy

April 13, 2018

Dan Howard SC offers some practical insights into the ‘art of advocacy’ derived from his varied experiences as an advocate and advocacy teacher. Topics discussed include preparation and planning, organising your material, managing your resources and yourself, presenting your case in chief, dealing with expert evidence, and cross-examination. The emphasis of this seminar is on ‘being an advocate’ and the ‘technique’ of advocacy.

Ethics and Professional Responsibility

Ethics and Professional Responsibility

March 28, 2018

Sally McAtee and Aideen McGarrigle from our In-House Counsel Unit look at the particular ethical issues that arise for our lawyers in the context of provding advice, minor assistance, duty and outreach services. This session will assist you to identify ethical issues within the Legal Aid NSW environment, understand where to look for resources and assistance and help you to resolve ethical isues that arise in your practice.

Forensic Evidence

Forensic Evidence

March 26, 2018

As Director of Independent Forensic Services, Helen Roebuck is exposed to flaws in DNA evidence regularly. In this presentation Helen discusses the basics of DNA profiling, recent technical and procedural changes relating to the handling of Forensic Biology and DNA evidence, and gives an insight into what questions you should be asking when DNA evidence is relied upon in your case.

 

Special Hearings in the District and Supreme Courts

Special Hearings in the District and Supreme Courts

January 22, 2018

Presented by Helen Shaw, Senior Solicitor in the Indictable Section at Central Sydney Office of Legal Aid, this episode discusses Special Hearings in the District and Supreme Courts and follows Helen's previous episode on Fitness Issues & Fitness Hearings in the District & Supreme Courts.