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.
Sentencing: State and federal law in Victoria
Fox and Freiberg have written a comprehensive book on federal and state law relating to the sentencing of offenders in the state of Victoria, Australia. In providing such a guide, the authors have meticulously brought together a wealth of statutory and case law material including the extensive recent amendments to the statutes regulating the sentencing powers of the criminal courts. Sentencing in Victoria: State and Federal Law is a significant advance in the jurisprudence of sentencing in Australia and will be an essential reference for those in the field.
Hung Juries and Aborted Trials: An Analysis of their Prevalence, Predictors and Effects
About one in every six trials held in the New South Wales District Court fails to reach a conclusion either because the jury is unable to reach a verdict or because the judge aborts the trial. This bulletin assesses the demand placed on the District Court by these trials and identifies factors which predict whether or not a jury is likely to be hung or a trial to be aborted. It is estimated that halving the prevalence of hung juries and aborted trials would allow the District Court to dispose of an additional 44 trial cases per year. The findings on predictive factors indicate that juries are more likely to be hung if the trial is held in a metropolitan court than if held in a country court; if the trial lasts longer than three days; and if no adjournment is sought. Trials are more likely to be aborted if they are held in Sydney; if they involve multiple offence counts; if the offences involved are sex offences, violent offences or fraud; if there are multiple accused; if there is a voir dire; if the trial is a jury rather than a judge-alone trial; and if no bench warrant has been issued.