Problems of Delay in Criminal Proceedings in the Magistrates Courts (From Problems of Delay in Criminal Proceedings - Proceedings of a Seminar, P 39-82, 1980 - See NCJ-70352)

• NCJ Number: 70354
• Author(s): B R Brown
• Date Published: 1980
• Length: 44 pages
• Publication Format: Document
• Language: English
• Country: Australia

Annotation

The nature of delays in magistrates courts in New South Wales (Sydney, Metropolitan and Country), their acceptability, causes, effects, annd possibilities for partial and full solutions to the problem are analyzed.

Abstract

Tables One and Two identify the amount of delay in magistrates courts in metropolitan areas in regard to the hearing of noncustodial cases over the last 3 years. Although unacceptable delays have rarely occurred in country circuits, due to regular provision of assistance, fluctuating levels of court delays in various metropolitan courts are identified. Causes of delay include (1) an insufficient number of magisterial appointments to the bench, (2) a substantial increase in work loads generated by defended cases, (3) the growth of corporate crime, (4) increases in the amount of time required for disposition of guilty pleas, and (5) changed sentencing procedures. Other causes are (6) procedural and technological inadequacies, (7) increased work generated by prison disputes, riots, and escapees on the run, (8) loss of sitting time due to various magisterial actions or trial procedures, (9) variations in approach by individual magistrates, and (10) the introduction of legal aid for persons who cannot afford legal representation. The effects of delay are identified as (1) problems confronting the magistrate in trying to recall details of delayed cases which may be similar to other concurrent cases, (2) disadvantages accruing to the defendant; e.g., loss of salary, legal expenses, etc., (3) witness problems, (4) prosecution problems, (5) adverse publicity, and (6) circumvention of justice by unscrupulous defendants and counsel. Various remedies for correcting lengthy court delays in New South Wales magistrates courts are discussd: (1) improved court procedures, (2) elimination of technological inadequacies, (3) centralization of court functions, (4) proper listing procedures, (5) night courts, and (6) introduction of Community Justice Centers to divert minor disputes from the courts. Twenty-two pages of tables on caseload data pertaining to magistrates courts are provided.