Model Criminal Code and Harmonisation of Criminal Law and Procedure

The development of a Model Criminal Code for all Australian jurisdictions was first placed on the agenda of the Standing Committee of Attorneys-General in 1990. At that time, many jurisdictions were either undertaking or about to undertake major reviews of their respective Criminal Codes or Crimes Act. There was general recognition that any review or reform of existing criminal laws should aim to remove inconsistencies across jurisdictions. Accordingly, a Committee was established (originally the Criminal Law Officers Committee, later renamed the Model Criminal Code Officers Committee) and charged with developing a Model Criminal Code.

Over a period of more than ten years, the Committee undertook extensive consultation and research which resulted in the progressive publication of nine chapters of the Model Criminal Code.

While the Commonwealth, ACT and Northern Territory have enacted parts of the Model Code, it appears that other jurisdictions have made little progress in this regard. Even chapters one and two of the Model Code, which set out the general principles of criminal responsibility and were endorsed by SCAG more than a decade ago, have not been enacted by the majority of state jurisdictions.

Unfortunately, the need for greater uniformity in the area of criminal law remains as pressing today as it did almost two decades ago when the project was commenced.

The Law Council supports the Model Criminal Code project and other efforts to harmonise criminal law and procedure across the Commonwealth, States and Territories.

Examples of submissions that the Law Council has made which are relevant to the development of the Criminal Code or model laws which affect other areas of criminal law and procedure include:

  • Submission to the Attorney General's Department on the Effectiveness of Chapter 2 of the Model Criminal Code;
  • Submission to the Standing Committee of Attorney's General seeking an audit of the implementation of the Model Criminal Code across Australian jurisdictions;
  • Submission to the Standing Committee of Attorney's General on a Model Spent Convictions Bill
  • Submission to the Australian Law Reform Commission on the Sentencing of Federal Offenders
  • Submission to the Standing Committee of Attorney's General on Issue estoppel, double jeopardy and prosecution appeals against acquittals

Note: Uniform evidence laws are dealt with separately under the heading "Evidence Law".

Materials

Years: 2012 , 2010 , 2009 , 2008 , 2007 , 2006 , 2004

2012

2010

2009

2008

2007

2006

2004