Criminal Justice Reforms

9/1/2017 Key Concepts in VCE Legal Studies Units 3 & 4 2E eGuidePLUS EPUR - 11 Evaluating the effectiveness of the legal
al system - 11.7 Recent chan

11 Evaluating the effectiveness of the legal system
11.7 Recent changes and recommendations to

enhance the criminal justice system
KEY CONCEPT
Over recent years the Victorian Government has introduced various reforms to enhance the effective
operation of the criminal justice system, including simplifying and modernising criminal processes and
procedures, expanding the use of specialised courts and amending sentencing laws. Various law
reform bodies, legal agencies and community groups have also suggested recommendations for
change in an attempt to improve criminal processes and procedures.
Recent changes to improve the effectiveness of the

criminal justice system
Table 11.5 summarises some of the major recent changes that have been implemented to improve the
effectiveness of the criminal justice system and help ensure individuals involved in criminal cases have
access to legal advice and representation, receive a fair and unbiased hearing, and have their case
resolved at the earliest possible stage.
TABLE 11.5 Major recent changes to improve the effectiveness of the criminal justice system
Elements
of an
effective
legal
system
this recent
change
Recent seeks to
change Explanation of recent change redress
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9/1/2017 Key Concepts in VCE Legal Studies Units 3 & 4 2E eGuidePLUS EPUR - 11 Evaluating the effectiveness of the legal system - 11.7 Recent chan
The As explained in the section establishment and expansion of Effective

expansion of specialised courts and lists, in recent years the provision of access to
specialised specialised courts and lists within the traditional Victorian court the legal
courts to system has been expanded to improve access to the courts for system
deal with those who may belong to a disadvantaged group or have special
particular needs. For example, Koori Court programs now exist at several Timely
types of Magistrates' Courts and the County Court. In 2010, the resolution
offences and Assessment and Referral Court List was created as a specialist of disputes
offenders Magistrates' Court to assist defendant's who have a mental illness Entitlement
with specific or a cognitive impairment, or both, by applying therapeutic justice. to a fair
needs and
unbiased
hearing
Expansion of As explained in Increase types of offences to receive infringement Timely

the notices, in 2011 the Victorian Government increased the use of resolution of
infringement infringement notices in an attempt to reduce the number of disputes
notice hearings for summary offences in the Magistrates' Court and
system reduce pressure on court resources.
Introduction As explained in Introduction of the sentence indication scheme, in Timely

of the 2010 the Victorian Government permanently implemented the resolution
Sentencing sentence indication scheme to allow judges to specify to of disputes
Indication defendants what sentence they would most likely receive should
Scheme for they be convicted of their charges in an effort to promote Entitlement
criminal defendants to enter an early guilty plea. to a fair
offences and
unbiased
hearing
Introduction In 2010, the Victorian Parliament passed The Bail Amendment Act Entitlement
of new bail 2010 to reform Victoria's bail system. The main aim of the act, to a fair
processes which came into operation in 2011, was to make the bail system and
and more fair by simplifying processes and implementing a range of unbiased
procedures new procedures, including new provisions for indigenous hearing
Australians seeking bail, imposing bail conditions, administering
surety conditions and applications for the variation of bail Effective
conditions. access to
the legal
One significant change that has been introduced is that any system
relevant cultural issues must now be considered when determining
bail for indigenous Australians. For example, those who determine
bail applications (such as magistrates and bail justices) for
indigenous Australians must now take into account the applicant's
cultural background and relationship with extended family or
places when deciding issues such as whether or not to grant or
extend bail and whether or not an Aboriginal person has a
reasonable excuse for breaching their bail conditions or failing to
attend a bail hearing.
Written reasons for the refusal of bail must also now be given to
the accused and prosecution in every case.
Suspended In 2011, with the passing of the Sentencing Further Amendment Entitlement
sentences Act 2011 (Vic.) the Victorian Government abolished the use of to a fair and
abolished suspended sentences in the county and supreme courts for unbiased
serious offences including murder, armed robbery and commercial hearing
drug trafficking in an attempt to ensure victims and their families
and the community feel those convicted of such crimes receive a
fair and adequate sentence.
More efficient As explained in chapter 11.5, both civil and criminal courts have Effective
use of made more efficient use of technology by implementing the ICMS access to
technology to provide for the electronic filing and storage of documents and the legal
more effective case management. Criminal trials have also been system
enhanced with the improved use of closed-circuit televisions for
witness evidence and improved video conferencing facilities. Timely
resolution
of disputes
Expansion of In 2012 the Victorian Government began expanding the Youth Entitlement
the Youth Justice Group Conferencing program (introduced in 2001) after to a fair
Justice announcing a $5.1 million funding boost to enable an additional and
Group 650 young offenders to enter the program between 201216. The unbiased
Conferencing YJGC program encourages youth to make amends to their victims hearing
program and the community for their crime by meeting with their victims,
families, police and members of community support services to Effective
discuss their punishment. The program encourages young access to
offenders to take responsibility for the their actions and reduce the legal
their likelihood of reoffending. system
Recommendations to improve the effectiveness of the

Recommendations to improve the effectiveness of the

criminal justice system
For many years, various Victorian governments have engaged the services of law reform bodies to
advise on reform of the criminal justice system. Table 11.6 summarises some of the main
recommendations for change from the VLRC and other law reform bodies and community groups to
improve the effectiveness of the criminal justice system.
Unit: 4
AOS: 2
Topic: 6
Concept: 4
Do more
Interactivity on past and future
reforms
Victoria Police have established a Multicultural Advisory Unit. It works to

advise police on multicultural issues, provides cross-cultural training for
police members, and provides information on the role of police when
responding to Victorians from culturally and linguistically diverse
backgrounds.
TABLE 11.6 Main recommendations to improve the effectiveness of the criminal justice system
Elements of an
effective legal
system that this
Recommendation recommendation
for change Explanation of recommendation seeks to redress
Increase state and Victoria Legal Aid (VLA) desires increased funding to Effective access
federal government provide greater assistance and representation to to the legal
funding to allow for individuals involved in both civil and criminal matters. system
greater provision of VLA particularly requires resources to expand their
legal aid and services to disadvantaged groups, including women Entitlement to a
assistance. and children experiencing family violence, indigenous fair and unbiased
Australians and those living in regional areas. For hearing
detailed explanation of this recommendation see Assist more
Increase state and Commonwealth funding for legal timely resolution
aid services.
Create a single The creation of a SCL could help ensure that cases Entitlement to a
criminal list (SCL). are allocated according to seriousness and fair and unbiased
complexity. An expansion of the County Court criminal hearing
jurisdiction, where the most serious cases could be
heard in either the county or supreme courts, would Timely resolution
mean that cases could be allocated immediately a of disputes
court and judge were available.
Provide greater Providing greater education and training to legal Effective access
education and personnel, particularly those who deal with the to the legal
training to personnel marginalised groups (including police, judges and system
involved in the magistrates, prosecutors, legal advice, and support
criminal justice services and counsellors) would allow these Timely resolution
system. personnel to more readily recognise offenders who of disputes
belong to particular disadvantaged groups and deal
with them in a more appropriate manner. For a
detailed explanation of this recommendation see
Improve police procedures, court processes and
increase training.
Increase the As explained in Increase the provision of legal aid and Effective access
provision of funding support services, providing more interpreters, to the legal
for interpreters and translators and legal support services (for example, system
legal support indigenous liaison officers) within Victoria Police and
services. the court system to assist at all stages of the criminal Entitlement to a
process could help assist disadvantaged groups, fair and unbiased
including CALD communities and indigenous hearing
Australians, in using the legal system.
Establish new Establishing new courts in the outer Melbourne Effective access
courts and increase growth corridors and in regional centres where to the legal
the amount of existing courthouses are outdated and unable to keep system
judges and court pace with rising demand, and expanding the provision
personnel. of judges and court support personnel (including Assist more
providing self-represented litigants officers to provide timely resolution
information and assistance to litigants in all Victorian
courts) would improve the effectiveness of the court
system. See Establishment and expansion of
specialised courts and lists for further explanation.
Modify the laws In 2011, the Victorian Government changed the laws Entitlement to a fair
relating to double relating to double jeopardy to allow the prosecution to and unbiased
jeopardy. pursue a retrial against a previously acquitted person hearing
in most serious cases where new and compelling
evidence can establish the guilt of the accused, or in
cases where it can be shown that false evidence was
presented or there was interference with the jury. To
protect the rights of the accused, the prosecution is
required to submit their case for retrial to the Victorian
Court of Appeal so the court can determine whether a
retrial is justified. The Skill Drill examines changes to
the principle of double jeopardy.
Examine the Peer justice panels are a diversionary option for 10 to Effective access
development of peer 15-year-old offenders charged with minor offences. to the legal
justice panels, with The model uses young people as advocates, system
young people prosecutors and jurors, or as a panel of judges.
involved in the Victorian peer justice panels would not take an Entitlement to a
justice process. adversarial, punitive approach, but focus on problem fair and unbiased
solving, addressing the needs of the offender and any hearing
victims. The programs are popular in the United Assist more
States, where there are more than 1200 teen courts. timely resolution
They were piloted in the United Kingdom in 2009.
This model may reduce the incidence of teenage
crime because young people are more aware of the
impact of crime on others. It may also reduce the rate
of recidivism because it has a diversionary focus.
Keeping young people away from custody assists in
their rehabilitation, which reduces future pressure,
costs and delays in the legal system.
Other Other recommendations to improve the criminal

recommendations justice system examined throughout chapter 11
include:
abolishing committal hearings
implementing incentives to encourage people from
disadvantaged groups to pursue legal careers.
TEST your understanding

1. In your own words, explain the philosophy of the Victorian Parliament in its reforms to criminal
justice processes. In your answer, refer to the Koori Court or the Drug Court.
2. Explain two recent changes that have been implemented to improve the effectiveness of the
criminal justice system.
3. Explain two recommendations for change designed to improve the effectiveness of the criminal
justice system. Suggest one strength and one weakness associated with each recommendation.
APPLY your understanding
4. Use the Victorian Government justice weblink in your eBookPLUS and read some of the fact
sheets and information about the Bail Amendment Act 2010. Identify and explain one other
change made under this Act to improve the effectiveness of the bail system.
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9/1/2017 Key Concepts in VCE Legal Studies Units 3 & 4 2E eGuidePLUS EPUR - 11 Evaluating the effectiveness of the legal

al system - 11.7 Recent chan

11.7 Recent changes and recommendations to

Recent changes to improve the effectiveness of the

The As explained in the section establishment and expansion of Effective

Expansion of As explained in Increase types of offences to receive infringement Timely

Introduction As explained in Introduction of the sentence indication scheme, in Timely

Recommendations to improve the effectiveness of the

Recommendations to improve the effectiveness of the

Victoria Police have established a Multicultural Advisory Unit. It works to

Other Other recommendations to improve the criminal

TEST your understanding

APPLY your understanding

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