NCJ Number
133160
Date Published
1986
Length
69 pages
Annotation
This reference reviews Australian law and practices relating to criminal procedures and whether current procedures and possible reforms fulfill certain principles considered to be fundamental features of the criminal justice system (fairness, efficiency, consistency, accountability, and public acceptability).
Abstract
The Law Reform Commission of New South Wales believes that delays in the criminal justice system are generally expensive and wasteful of resources, reduce public respect for the system, prolong anxiety for crime victims, result in prison overcrowding, cause a greater reliance on case disposition by plea and charge bargaining, diminish the likelihood of offender rehabilitation and the deterrent effect of the criminal justice system, inconvenience witnesses, and cause additional delays in compensation for crime victims. A general proposal for reform of criminal procedures is outlined that covers the period from charge to trial. The proposal identifies the functions of police and prosecuting authorities, procedures following arrest and bail determination, time limits on the prosecution of criminal offenses, disclosure by the prosecution and the defense, jurisdiction in cases where an alleged offense can be tried either on indictment or summarily, committal proceedings, pretrial conferences and hearings, plea bargaining, pretrial publicity in criminal cases, and the nature and function of agencies responsible for prosecuting criminal cases.