People involved in matters before a court at Dubbo may in the future feel the effects of reforms that will require early case management of all indictable matters.
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The NSW government is introducing the measure as it attempts to deal with the state’s District Court backlog.
Under the Early Appropriate Guilty Pleas reform, police will promptly provide a simplified brief of evidence to the prosecution and defence. A senior prosecutor will certify the appropriate charges and conduct a formal conference with the defence to resolve disputes and encourage early guilty pleas, where appropriate, NSW Attorney-General Mark Speakman advises.
“Large sentencing discounts will be off the table for last-minute guilty pleas,” he said.
It follows the success of a program at the Sydney District Court aimed at cutting its backlog of cases. A report by the Bureau of Crime Statistics and Research (BOCSAR) showed it was delivering significantly faster outcomes in the almost three years it had been operating.
“The spectacular results of the Rolling List Court show what can be achieved with earlier and better management of cases,” Mr Speakman said. “Guilty pleas are being entered sooner and in greater numbers, while cases are proceeding to trial faster, reducing stress and uncertainty for victims, witnesses and defendants.”
Orana Law Society president Andrew Boog was happy to support anything that could ease court backlogs, “with two qualifications”: they still had to be courts of justice, and they had to be “accessible”.
Years ago at Dubbo when there were circuit sittings of the court, people were not given a specific time or date for their matter, Mr Boog said. Barristers and witnesses were standing by for a week which turned “hellishly expensive” for parties involved, he said.
“One of the criteria for … access to justice is affordability,” he said.
“We need to be careful that any changes are not just a cost-shifting exercise. It’s always good to look at new ways of doing things, but efficiency is not the main reason for having the court. Justice must be done, and must be seen to be done.”