Costs, Time (Delays) and Cultural Differences

Question 1

Cost impacts

Answer 1

• Obtaining legal advice such as solicitors to receive initial advice through reviewing the prosecution’s evidence, plan which witnesses will be called, and meet with those witnesses
• Hiring barristers to present arguments and question witnesses in costs can range from $300 - $1000 per hour
• Payments made to expert witnesses to challenge witness statements can range from$197 - $395 per hour
• Appeals need to be filed and paid for, costing $2488 in the Supreme Court - Court Of Appeals

Question 2

2 ways costs are addressed

Answer 2

• Access to VLA + CLCs
  
  • Ongoing funding to these organisations to ensure more locations and resources are provided
  • Strict income, means, and merits criteria to ensure that the most vulnerable individuals receive access
  • Additional resources such as online websites creator to cater for self-represented individuals
• Committal proceedings
  
  • Can filter out weaker cases (no costs at all)
  • Can promote early guilty pleas, which will resolve the matter faster
  • Reduces accused’s legal costs because they will go straight to sentencing

Question 3

Time (delays) impacts

Answer 3

• Victims
  
  • The longer the case is delayed, the longer the suffering of the victim and their family
  • In this period of limbo, there is no closure and no certainty that justice will be served.
  • Criminal trials often rely on oral evidence. However, memories of witnesses may fade over time, which will limit accuracy and reliability of witness statements causing. inaccurate verdicts
• Accused
  
  • Awaiting a trial with an outcome unresolved is stressful for an accused person and their family
  • The accused can also be held in remand, which will limit their freedom
  • The old and potentially unreliable oral evidence could also result in an unfair outcome for the accused
• Community
  
  • The community may remain at risk if those charged with violent offences remain in the community prior to trial, such as being out on bail
  • It can also result in the community losing faith in the legal system’s ability to protect and keep them safe if the trial is delayed for a long time

Question 4

2 ways time (delays) are addressed

Answer 4

• Plea negotiations
  
  • Allowing the accused to plead guilty early
  • This means no trial occurs and the accused can await sentencing
  • It allows for a more efficient resolution of disputes
• Judge-only trials
  
  • Legislation allows for indictable matters to be heard by the judge alone, provided that the accused consented and is informed through legal advice, and the court considers it in the interests of justice
  • Means that there is no processes of empanelling the jury, directing them, or potential mistrials

Question 5

Cultural impacts

Answer 5

• Refugees and recent migrants
  
  • English is unlikely to be their first language, making it difficult to give oral evidence and prepare their case
  • Legal jargon can make it very complex for these less informed migrants
  • They may fail to understand their rights, find challenging to address the jury or respond to questions in court
  • They may not comprehend that plea negotiations are an option
  • Coming from war torn or dangerous countries with corrupt systems can cause mistrust in the police and the courts
• Direct questioning
  
  • In many FN cultures, group agreement and long discussions are ways to resolve disagreement, which is very different to the adversarial court system
  • FN Australians are likely to avoid contact or remain silent more often than non-indigenous Australians, since it is considered respectful. However, this can be misunderstood as being non-cooperative and dishonest
• Cultural taboos
  
  • In FN cultures, it is considered taboo to speak of certain things, such as names of deceased people or mention gender based knowledge in front of other genders
  • Some cultures consider the retelling of sexual abuse or domestic abuse as a shame on the family and hence highly discouraged

Question 6

2 ways cultural impacts are addressed

Answer 6

• The use of the Koori Court
  
  • Allows First Nations offenders to access culturally relevant sentencing that more effectively acts to reduce reoffending
  • Is a sentencing court only, so the accused must have pled guilty
  • These are more informal sentencing procedure, which involves opportunities for individuals to tell their story to Elders and receive support
• Interpreters
  
  • These are available for all accused persons and the onus to pay and arrange for an interpreter is on the courts. This allows all non-English speakers to understand court proceedings better without having to pay significant expenses