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R135 The Crown in Court: A review of the Crown Proceedings Act and national security information in proceedings
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Contents
General Information
Letter to the Minister
Foreword
Acknowledgements
Chapter 1 - One Report - two references
Introduction
Structure of the Report
Origins and conduct of the reviews
Part 1 A new Crown Civil Proceedings Act
Chapter 2 - Why a new Crown Civil Proceedings Act?
Introduction
Case for reform
Principles underpinning the review
Recommending a new Act
Modernisation
The overall scope of the new Act
The relationship to general rules of civil procedure
Chapter 3 - Resolving central policy issues
Introduction
Liability of the Crown in tort
Accountability of Crown employees
Accountability of Ministers
Compulsory enforcement
Chapter 4 - Draft Crown Civil Proceedings Bill and commentary
Introduction
Title and commencement
Preliminary provisions
Part 1 – Substantive matters
Part 2 – Procedure and execution
Schedule 1 – Transitional, savings and related provisions
Schedule 2 – Existing immunity provisions
Schedule 3 - Amendments consequential on repeal of section 5(2) of the Crown Proceedings Act 1950
Schedule 4 – Consequential amendments to other enactments
Part 2 National security information in proceedings
Chapter 5 - Overview and summary
Introduction
What is covered by this review?
How is national security information managed in proceedings?
Policy issues and problems
Framework for reform
Overview of the reforms
Chapter 6 - Civil proceedings
Introduction
Public interest immunity in civil proceedings – issues with the current law
Recommended approach for civil proceedings
Other options that were considered by the Commission but not recommended
Chapter 7 - Administrative decisions
Introduction
Why is reform needed?
Our approach to reform
Suggestions for reform: initial stage of decision-making
Judicial review and appeals of administrative decisions
Chapter 8 - Criminal prosecutions
Introduction
Current law
Use of national security information by the Police
Recommended reforms
Chapter 9 - The special advocate regime and security issues
Introduction
The special advocate regime
Security in the courts
Appendices
Appendix 1 - Terms of reference
Review of Crown Proceedings Act 1950
Review of national security information in proceedings
Appendix 2 - Crown Civil Proceedings Bill
Appendix 3 - Submissions summary and comment
Introduction
What information should be protected?
How should national security information be managed in proceedings?
Judicial scrutiny
A single overarching framework
Appendix 4 - List of submitters and consultees
Part 1 Review of the Crown Proceedings Act
Part 2 National security information in proceedings
Appendix 5 - Recommendations
Part 1 Review of the Crown Proceedings Act
Part 2 National security information in proceedings
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Chapter 9
The special advocate regime and security issues
Introduction
The special advocate regime
Security in the courts
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