Justice Denied !

The government has announced that there will be an increase in police numbers in the coming state budget and the constant advance in technology is aiding crime detection and arrests.  What is not keeping up is the court system in dealing with those charged.

In 2017,  141,024 defendants appeared before the New South Wales courts on criminal charges and ninety percent were found guilty on at least one charge.  The median time between being arrested and the case being finalised for matters proceeding to trial in the District Court is now 716 days.   Because that is the median timing, in some instances the longest time for those awaiting trial must run to a discrepancy measured in many years.

This growth in convictions  has primarily been for traffic and drug offences, and for breaching court orders.   The consequence of this waiting time is long court delays and a larger prison population.  In many cases the accused will not get a custodial prison sentence but will have served its equivalent - or  more -while on remand.   The innocent have to wait a long time before their name is cleared.

It also has an effect on the quality of justice meted out. Not only are the accused waiting for trial but witnesses tasked with giving evidence face a similar waiting period. Memories fade and often witnesses die or move interstate and can not be found when the case finally reaches trial.   That old adage that " Justice delayed is justice denied " applies.

To a very large degree these delays are caused by procedures necessary before the trial begins.  The police forensic branch needs time to evaluate the evidence and there is a flight risk if the accused is granted bail.  The prosecution says it needs time to evaluate the case and brief the barristers who will present it to the court.   The legal fraternity in defence is well known for " judge shopping ", finding delaying tactics in the hope of getting the case on the docket of a judge with a sympathetic outlook to the nature of the matter to be heard.

The court system also tends to be ponderous and beset by custom.  It usually commences at ten in the morning and conducts its business according to what used to be " bankers hours ".   There seems no valid reason why night court hearings could not help terminate these endless delays.  Such an extension of hours would be opposed by many in the legal fraternity.

What is clear is that the legal system as it now stands is not meeting expectations of delivering justice.   A prisoner on remand - or even on bail while awaiting trial - is often precluded from earning their normal living because they are stood down awaiting a result.   If the case offends public morality, their entire family may endure hardship.   In cases where the finding is acquittal, the long period of public accusation may have cemented guilt in the publics mind.

If nothing else is to change, then we obviously need more courts and additional judges.  Otherwise our ever increasing population will stress the courts further.