Criminal trial delays in Australia : trial listing outcomes
This research examines the reasons for which criminal trials in Australia fail to proceed on the day of listing. The rationale of such an inquiry is that matters that fail to proceed as scheduled contribute to backlog and delay, both of which consume significant criminal justice resources. Moreover, delay in the criminal trial system may result in adverse effects, not the least of which is the anguish endured by the victims of crime and their families, and the community demanding protection from criminal offenders. This research used quantitative data from courts across a number of Australian states and territories to demonstrate that more than half of all listed criminal trials fail to commence on the listed day. After an analysis of data about trials and extensive interviews with court administrators, it is found that those trials that do not proceed can be placed into two categories: those trials that are finalised on or near the trial date either by way of late guilty plea or late withdrawal by the prosecution, and those trials that are adjourned and re-listed. While some delays will be inevitable, the report builds on recommendations made by a working group of the Standing Committee of Attorneys-General to suggest ways of reducing the backlog of criminal trials across Australia.
Sentence Indications for Indictable Offences: Increasing Court Efficiency at the Expense of Justice? A Response to the Victorian Legislation
Abstract In September 2007, the Victorian Sentencing Advisory Council released a report (2007c) recommending the introduction of sentence indications for indictable offences in Victoria's intermediate court. In response, on July 1, 2008, a legislated sentence indication process was implemented into Victoria's intermediate and Supreme Courts in s 23A of the Crimes (Criminal Trials) Act 1999 (Vic). This process is now governed by s 208-s 209 of the Criminal Procedure Act 2009 (Vic). Drawing upon national and international commentary and experiences with sentence indications, this article examines the potential benefits and disadvantages of the Victorian legislation, including its limited capacity to attract early guilty pleas and its potentially negative impact on victims and defendants. This article contends that the desire for court efficiency has led to the implementation of reforms across criminal justice systems that, while seeking to apply the benefits of reduced delays and early guilty pleas, ultimately prioritise efficiency gains above the interests of the public, victims and defendants. The Victorian Sentencing Advisory Council's proposal (2007c) and the subsequent provisions introducing an indictable indication scheme in s 208-s 209 of the Criminal Procedure Act 2009 (Vic), are used to inform this argument.
Tethering the Administrative State: The Case Against Chevron Deference for FCC Jurisdictional Claims
Like many other agencies, the Federal Communications Commission has seen significant regulatory growth under President Obama. But unlike health care, financial reform, and other areas, this growth has come without statutory guidance from Congress. The FCC’s assertion of jurisdiction over broadband service is reminiscent of its earlier attempts to regulate cable and to deregulate telephone service, efforts that courts have viewed skeptically in the absence of specific statutory authorization. But this skepticism is in tension with Chevron, which grants agencies substantial deference to interpret ambiguities in the statutes that they administer. This article argues that Chevron deference should not extend to agency jurisdictional claims, such as the FCC’s claim to authority over broadband. For both constitutional and policy reasons, courts should distinguish between agency action that fills a gap in a statutory scheme and action that defines the outer boundary of that scheme. As the Commission’s net neutrality project winds its way through the judicial system, courts should not allow the agency to define the limits of its own authority, and should instead search closely for a grant of authority from Congress.