unit 3 aos1b (reforms/recommendations) Flashcards
state the criminal reforms (2)
expansion of the koori court, changes to appeals in the county court
state the criminal recommendations (2)
judge only trials, abolish committal proceedings
expansion of the koori court (reform)
opening of the shepparton koori court. has the power to sentence indigenous australians who have committed indictable offences(besides family violence/sexual offences). recognises differences in communication and importance of elders during sentencing. however those who commit indictable offences should be subject to the same criminal processes as all other offenders
changes to appeals system in county court (reform)
de novo appeals (hearing all evidence again) were abolished to simplfiy appeal process and minimise trauma for victims having to give statements/evidence for a second time. removal allows court to determine appeals based on transcripts of evidence from original hearing. large number of self represented parties in Magistrates court places greater pressure on the Magistrate & increases chance of error, therefore de novo appeals are necessary.
abolish committal proceedings (recommendation)
pre trial proceeding in the magistrates court where a magistrate determines if prosecution has sufficient evidence to support a conviction. protects rights of accused by requiring prosecution to prove the strength of their case. should be abolished since DPP can overrule a magistrates decision not to proceed to trial anyways, limiting their ability to act as a filtering system. without committal proceedings, police/prosecution may pursue more cases without sufficient evidence, reducing fairness.
judge only criminal trials (recomendation)
well known accused people with ‘high profiles’ can request a judge only trial to eliminate potential for an incorrect jury verdict based on potentially biased media coverage. unfair since not all people accused of an indictable offence are treated the same way by the legal system.
