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Bail law in Victoria : a practical guide to the law, procedure and
advocacy in bail applications
George Hampel and Daniel Gurvich
Annandale, N.S.W. : The Federation Press, 2003.
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Book description
Bail decisions are invariably urgent.
There is rarely time for detailed reasons or exhaustive canvassing of
authorities, and the ex tempore judgments are usually no more
than a mere application of the statute to the facts of the case.
Decision-makers balance competing considerations amidst varying circumstances,
and, taking different views, arrive at inconsistent decisions. The advocate
inevitably has enormous influence on this decision: advocacy skills become
the difference between success and failure.
Professor George Hampel, formerly Justice of the Supreme Court of Victoria,
and Daniel Gurvich of the Melbourne Bar, identify and address all the
issues judges, magistrates and advocates in Victoria need to understand.
The authors provide the means to understand the complex scheme of the Bail
Act 1977 as amended, and thoroughly explain the way the principles
governing bail are applied in practice. They include statements of principle
from unreported Supreme Court decisions at the same time emphasising
the danger of arguing from those decisions for a particular result. [Federation
Press]
About the author
Professor The Hon. George Hampel QC is a Professor of Trial Practice
and Advocacy and President of the International Institute of Forensic
Studies at Monash University. He has been a Justice of the Supreme
Court of Victoria for 17 years.
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