NCJ Number
74521
Journal
Australian Crime Prevention Council Quarterly Journal Volume: 3 Issue: 4 Dated: (1980) Pages: 22-27
Date Published
1980
Length
6 pages
Annotation
Suggestions are offered to improve sentencing procedures in magistrates' courts in Victoria, Australia, through changes in the court conduct and training of unrepresented defendants, police, and the magistrates themselves.
Abstract
Many defendants cannot afford or will not have a legal practitioner appear before the court for them. Extension of legal aid has been suggested, but a better answer to the needs of unrepresented defendants, might be a duty solicitor who would appear in court on court days to provide legal advice and assistance to those seeking or needing help. Another way to improve the court appearance of unrepresented defendants would be to give the needed information on court procedures, basic information about the court and the hearing, and techniques of conducting a defense. Two pamphlets entitled 'Notes for Court,' and 'Court Procedure,' should be given to every defendant at the time of being charged or should be attached to every summons. This will help defendants to contribute more to their defense and provide a better basis upon which to reach a verdict and a sentence. Another way to improve sentencing procedures would be for the police to give an opening address to the court in which they summarize the case being presented and supply any information they might have to improve the quality of the sentencing decision. Finally, changes should be made concerning to the role of the bench. Magistrates should maintain regular procedures designed to aid unrepresented defendants in giving their defense. Additionally, some form of continuing education, including sentencing theory and practices for all magistrates, should be available and attended by all magistrates. Ten references are included. The pamphlets are appended.