Presented by Robert Clark MP		www.robertclark.net

Major changes proposed on criminal trials

A new pre-trial disclosure regime will improve criminal trial processes and resolve unreasonable delays in the presentation of cases and the inefficient conduct of trials.

The proposed new Crimes (Criminal Trials) Bill will build upon the former Act, introduced in 1993.

Attorney-General Jan Wade said that, in addition to the problem of delays in bringing cases to trial, there was evidence that trials themselves were taking longer than necessary.

The new Bill is designed to improve trial procedures by empowering the judiciary to manage cases effectively, enable issues in dispute to be defined prior to commencement of the trial, and to facilitate productive discussions between parties.

It is proposed that a Listing Judge be appointed to oversee and supervise the case management of criminal trials in the County Court. The Listing Judge will actively supervise pre-trial disclosure to ensure that it is meaningful and timely.

The Bill will establish a substantial pre-trial disclosure regime requiring parties to disclose the issues in dispute in a trial before they reach the court door, and facilitate judicial control once the trial has begun.

The objectives are to:

· Increase certainty in the conduct of trials.

· Minimise the stress caused to victims involved in a trial and aid their recovery.

· Minimise the inconvenience to witnesses giving evidence in criminal trials because greater certainty and more accurate predictions of their involvement will minimise disruptions, for example, the need for replacement at work, or childcare arrangements.

· Ensure the jury is presented with evidence in the most comprehensive and least disruptive manner possible.

· Decrease costs per case, both directly (in terms of court time) and indirectly (in terms of juror and witness expenses incurred by the State and businesses).