Problems of Delay in Criminal Proceedings in the Supreme and District Courts (From Problems of Delay in Criminal Proceedings - Proceedings of a Seminar, P 13-23, 1980 - See NCJ-70352)

• NCJ Number: 70353
• Author(s): J Hogan
• Date Published: 1980
• Length: 11 pages
• Publication Format: Document
• Language: English
• Country: Australia

Annotation

The Solicitor for Public Prosecutions and Clerk of the Peace for the province of New South Wales in Australia analyzes the reasons for delay between committal and trial for criminal proceedings in the Supreme and District Courts and proposes solutions for them.

Abstract

The combining of the functions of prosecutor and registrar within the office of Solicitor for Public Prosecutions results in delay in preparation of cases and consequent delay in conducting case hearings. Also, there is unnecessary delay stemming from duplication of work; in that the Instructing Officer in the Public Prosecutor's Office must prepare a criminal case from scratch after it has been referred by the police prosecutor, who has already conducted a thorough investigation in bringing the case to the committal stage. The increasing length and complexity of trials is another factor promoting a growing backlog of court cases, particularly at the District Court level. Courtroom tactics of judges and lawyers, as well as the proliferation of legal aid, have also added to the growing burden on the courts. Proposed remedies to speed up trials and reduce court backlogs include (1) detailing an Instructing Officer from the Public Prosecutions Office to the Police Department to assist it in preparing cases for trial, thereby reducing the period between committal and trial by eliminating duplicative prosecutorial case preparation, (2) allowing more time for the police to prepare and present cases that can be concluded in the lower courts, and (3) increasing the number of District Court divisions engaged in hearing criminal cases. Other remedies are, (4) establishing regional prosecution offices to facilitate local preparation of cases, (5) streamlining culpable driving trials by making it a specific offense to drive with the proscribed level of blood alcohol, as determined by a breathalyser, and (6) conducting pretrial conferences between the judge and lawyers for both sides. It is concluded that long delays between the time the accused is charged and the final disposition of a case can only be remedied by comprehensive reform involving all major components of the court system.