NCJ Number
53506
Date Published
1978
Length
11 pages
Annotation
THE HEAVY WORKLOAD OF THE MAGISTRATES' COURTS, THE MANY DEFENDANTS WHO APPEAR WITHOUT COUNSEL OR WHO NEVER APPEAR AT ALL, AND LACK OF STAFF SUPPORT, AS WELL AS A LACK OF ALTERNATIVES ARE BLAMED FOR SENTENCE DISPARITY.
Abstract
SENTENCING IN AUSTRALIA'S MAGISTRATES' COURTS DIFFERS FROM SENTENCING IN SUPREME AND DISTRICT COURTS, WHICH HAVE MORE TIME AND RESOURCES. IN SPITE OF THE HEAVY WORKLOADS IN MAGISTRATES' COURTS, ONLY 1.5 PERCENT OF MAGISTRATES SENTENCES WERE APPEALED IN 1976. IN NEW SOUTH WALES ABOUT 98 PERCENT OF CRIMINAL CASES ARE CONCLUDED IN MAGISTRATES' COURTS. IN 1976 THESE COURTS HANDLED MORE THAN 600,000 CASES OR AN AVERAGE OF 7,000 CASES PER MAGISTRATES. BECAUSE OF THIS WORKLOAD, THE MAGISTRATE IS LIKELY TO RELY ON FINES BECAUSE THEY ARE QUICKLY IMPOSED, THEY FIT A PRESCRIBED SCHEDULE, AND THEY DO NOT TAKE THE SUPPORTIVE STAFF WORK REQUIRED FOR COMMUNITY SERVICE ORDERS OR OTHER ALTERNATIVES. THE MAGISTRATE OFTEN HAS LITTLE INFORMATION AVAILABLE ABOUT THE CASE BECAUSE SO MANY OF THE DEFENDANTS APPEAR WITHOUT COUNSEL OR PLEAD GUILTY AND DO NOT APPEAR AT ALL. THE COURTS ALSO FACE PROBLEMS CAUSED BY CONFLICTING OR OUTDATED LEGISLATION. IT IS URGED THAT MAGISTRATES BE PROVIDED WITH SUFFICIENT SUPPORT SO THAT THEY CAN EXAMINE AND USE MORE EFFECTIVE SENTENCING ALTERNATIVES. REDUCED CASELOADS ARE ALSO URGED. THE EFFECTS OF CHANGES IN COMMUNITY ATTITUDES ON SENTENCING ARE BRIEFLY REVIEWED. THE TRAINING PROGRAM FOR MAGISTRATES IN NEW SOUTH WALES IS DESCRIBED AND PRAISED. (GLR)