Criminal Trial Delays in Australia

Criminal Trial Delays in Australia
Author: Jason Payne
Publisher:
Total Pages: 81
Release: 2007-01-01
Genre: Court congestion and delay
ISBN: 9781921185328

This research examines the reasons for which criminal trials in Australia fail to proceed on the day of listing. The rationale of such an inquiry is that matters that fail to proceed as scheduled contribute to backlog and delay, both of which consume significant criminal justice resources. Moreover, delay in the criminal trial system may result in adverse effects, not the least of which is the anguish endured by the victims of crime and their families, and the community demanding protection from criminal offenders. This research used quantitative data from courts across a number of Australian states and territories to demonstrate that more than half of all listed criminal trials fail to commence on the listed day. After an analysis of data about trials and extensive interviews with court administrators, it is found that those trials that do not proceed can be placed into two categories: those trials that are finalised on or near the trial date either by way of late guilty plea or late withdrawal by the prosecution, and those trials that are adjourned and re-listed. While some delays will be inevitable, the report builds on recommendations made by a working group of the Standing Committee of Attorneys-General to suggest ways of reducing the backlog of criminal trials across Australia.

Wrongful convictions in Australia

Wrongful convictions in Australia
Author: Stephen Cordner
Publisher: Australian Scholarly Publishing
Total Pages: 0
Release: 2023-10-12
Genre: Law
ISBN: 9781923068261

Australians generally trust their criminal justice system, but most are unaware that wrongful convictions are common, are not systematically recorded and are very difficult to correct. This book seeks to document the incidence of wrongful convictions and explain the factors that contribute to them. These include the fallibility of much forensic science evidence, the difficulties for courts in understanding complex scientific evidence, and the contribution made to wrongful convictions by 'tunnel vision' on the part of those investigating and prosecuting crimes. The authors argue for two sets of reforms. First, forensic science must be placed on the firmest scientific basis possible and be independent of the police. Second, the ultimate petition to the Governor for mercy, which is a political process, must be replaced by an independent expert review agency in the form of a Criminal Cases Review Commission. Such Commissions already function as respected components of the criminal justice system in other common law countries.

Australian Criminal Justice

Australian Criminal Justice
Author: Mark Findlay
Publisher: Oxford University Press, USA
Total Pages: 400
Release: 1994
Genre: Law
ISBN:

This book is a concise yet comprehensive introduction to the Australian criminal justice process. The authors critically examine both procedural and substantive justice in the context of substantive laws, procedures and discretionary powers.

Australian Courts

Australian Courts
Author: Marg Camilleri
Publisher: Springer Nature
Total Pages: 412
Release: 2023-01-10
Genre: Social Science
ISBN: 3031190637

This edited collection brings together scholars and practitioners in every chapter to provide a comprehensive and unique exploration of courts in Australia. The primary focus is to identify controversies, challenges and change, in the form of potential reforms within the courts across Australian jurisdictions. Bringing forward original research and scholarship on a wide array of courts in Australia, combined with insightful practitioner perspectives, research will be effectively integrated with practice. This book is the first comprehensive collection of its kind to canvas the diversity of courts in Australia, providing comprehensive critical analysis of contemporary issues, debates and reforms. It considers the array of courts across state, territory and national jurisdictions in Australia, including coroners’ courts, family courts, criminal, civil courts and problem solving courts. It also adopts an intersectional approach, providing insights into the perspectives of various court users such as people with disability, ethnic minorities, Indigenous Australians, and victims of crime. Each chapter provides opportunities for further debate among scholars, practitioners and students regarding potential future directions for reform to improve the efficacy, equity and accessibility of Australian courts.This collection serves as an international ready reference for students, scholars and practitioners alike.

Victim/survivor-focused Justice Responses and Reforms to Criminal Court Practice

Victim/survivor-focused Justice Responses and Reforms to Criminal Court Practice
Author: Nicole Bluett-Boyd
Publisher:
Total Pages: 74
Release: 2014
Genre: Sexual abuse victims
ISBN: 9781922038449

Reforms have been underway over the last three decades to address the disadvantages that victim/survivors of sexual assault face within the criminal justice system in Australia. Such reforms include expansion of advocate services, specialisation of police, alternative provisions for giving evidence at trial, and changes to jury instructions. This report was commissioned to examine the implementation of these reforms and their impact on the victim/survivor experience. Drawing on interviews with 81 criminal justice professionals including counsellors, lawyers and judges, it looks at victim/survivor-focused approaches, promising and innovative practices, the take up of reforms, the factors that enable or inhibit victim-focused reforms being embedded in court practices, and the potential for future reform.

Reasonable Doubt

Reasonable Doubt
Author: Xanthé Mallett
Publisher:
Total Pages: 338
Release: 2020
Genre: Crime
ISBN: 9780369348883

We all put our faith in the criminal justice system. We trust the professionals: the police, the lawyers, the judges, the expert witnesses. But what happens when the process lets us down and the wrong person ends up in jail? Henry Keogh spent almost twenty years locked away for a murder that never even happened. Khalid Baker was imprisoned for the death of a man his best friend has openly admitted to causing. And the exposure of 'Lawyer X' Nicola Gobbo's double-dealing could lead to some of Australia's most notorious convictions being overturned. Forensic scientist Xanthe Mallett is used to dealing with the darker side of humanity. Now she's turning her skills and insight to miscarriages of justice and cases of Australians who have been wrongfully convicted. Exposing false confessions, polices biases, misplaced evidence and dodgy science, Reasonable Doubt is an expert's account of the murky underbelly of our justice system - and the way it affects us all.