NSWCCL has made a submission to the review of Part Eight of the Crimes (Appeal and Review) Act 2001
The legislation as presently embodied in Part 8 Crimes (Repeal and Review) Act 2001 (the Act) is contrary to the common law as it has developed over generations of cases here, in England and other common law countries. It is also in contravention of Article 14(7) of the International Covenant on Civil and Political Rights.
Australia has signed the International Covenant on Civil and Political Rights (‘the ICCPR’) and has made no reservations concerning double jeopardy or retrospectivity. Australia is therefore obliged ‘to respect and to ensure to all individuals within its territory...the rights recognised’ in the ICCPR, including the prohibitions against double jeopardy and retrospectivity.
NSWCCL proposes that the legislation be repealed.