You will need to consider s. 25(2) in assessing legislation, a policy or a program where it:

  • amends the procedures for filing, issuing or serving charges, presentments or indictments;
  • amends the content of charge sheets, presentments or indictments or otherwise varies the requirements regarding information to be given at the time of charge;
  • relates to access by a self-represented accused (including an accused in custody) to witnesses and to legal and research materials;
  • establishes conditions restricting access to information and material to be used as evidence in criminal proceedings;
  • regulates storage and destruction of evidence before and after the conclusion of criminal proceedings;
  • establishes timetables for the prosecution and defence to prepare for trial or appeal;
  • establishes time limits on the lodging of applications or appeals;
  • amends the law relating to adjournments of hearings;
  • amends the law relating to pre-hearing disclosure;
  • regulates the procedures for investigation and prosecution of offences;
  • affects the resources available to investigators, prosecutors, forensic services and others involved in preparing prosecutions for trial and appeal;
  • affects the caseload of the courts and the capacity of the courts to hear matters;
  • establishes procedures for giving persons charged with criminal offences notice of hearings;
  • amends the eligibility criteria for legal aid;
  • amends any guidelines or procedures that enable an accused to represent himself or herself personally or restricts the right of an accused to choose the legal representative or advisor of his or her choice;
  • amends the law of evidence including the examination and cross-examination of witnesses, the admissibility of hearsay evidence and the evidence of a co-accused;
  • establishes or amends procedures protecting prosecution witnesses, for example, the use of protective screens in the court room or video testimony;
  • establishes or amends guidelines or procedures for the provision and use of facilities in police interviews and the court room, for example, assistive hearing devices;
  • establishes guidelines or procedures for the provision of assistants, translators and interpreters in police interviews and the court room;
  • amends the law relating to self-incrimination;
  • amends the procedures for and law about obtaining evidence, including confessions.


These policy triggers are not comprehensive.