Abstract
This article considers the increased use of so-called 'criminal intelligence' provisions, under which secret information is used in relation to legal proceedings, without the person against whom it is being utilised having the opportunity to see, hear or test the evidence. It is argued that Chapter III of the Australian Constitution protects due process, which could include the right to confront accusers. This is a fundamental characteristic of a criminal trial process in Australia, and should not be undermined.
| Original language | English |
|---|---|
| Pages (from-to) | 125-161 |
| Number of pages | 37 |
| Journal | The University of New South Wales law journal |
| Volume | 37 |
| Issue number | 1 |
| Publication status | Published - Apr 2014 |
| Externally published | Yes |
