Criminal Law Court Observation
1. Introduction In the Australian legal justice system, with the increasing demand to expand summary jurisdiction, there has been a controversial issue as to which process is more appropriate to deliver justice to public as well as litigants; efficiency process or due process. While the former focuses on informality and efficiency, which requires judicial officers to struggle to manage limited time created by long case lists, the latter emphasizes formality and due process, which is commonly seen on higher courts. Grounded on the characteristics of respective courts mentioned above, this observation at the New South Wales Local Court and Supreme Court during three days aimed at comparing one proceeding with the …show more content…
However, no matter how long the delay continued, the Justice emphasized ‘due process’ more than ‘efficiency’, ensuring that fundamental rights are protected in those processes.
As coming back to the fundamental question – which process is more proper and helpful to keep people living in justice in society - it could be said that the more idealistic out of the two models might be due process in that all cases put before the court would be able to be examined thoroughly for the utmost fairness to accused people by the judges. However, it is not, in fact, desirable, and even meaningless, to seek to identify the answer to the question, not only since both processes, based on their respective roles - efficiency and due process - are respectively imperative to embody justice in the society, but also it is nearly impossible for the courts to treat all the cases only by due process, considering the reality that a significant number of cases are brought before courts. Only in harmony with the two processes will justice be realized.
Wednesday March 16 2011 Local Court, Downing Court Centre
10:00 am – 16:00 pm Courtroom 4.6
R v Cannon held a hearing. Several witnesses were called for to the witness box, including a policeman. In the middle of the hearing, two cases were brought before the magistrate, which was sentenced in 3 minutes.
Wednesday March 23 2011 Local Court, Downing Court Centre
10:00 am – 16:00 pm