Final Report (September 1999) - Law Reform Commission of ...

REVIEW OF THE CRIMINAL

REVIEW OF THE CRIMINAL AND CIVIL JUSTICE SYSTEM that court-users and those operating the justice system may not share the same design objectives. Staff focus on dealing with matters expeditiously. Criminal defence lawyers have different objectives than do prosecutors or law enforcement agencies. Victims may want restitution, retribution or even revenge. Judges focus on applying the law and procedures fairly to those appearing before them. Even if all these views are somehow accommodated, there are also the needs of other court-users: the parties and their witnesses, friends and families, and members of the general public. To address these diverse objectives effectively from an architectural design perspective, surveys and thoughtful study in the early planning stage would be beneficial. (See Recommendations 402 and 406.) The ultimate goal would be to create a safe and comfortable environment for all participants. 410. Prior to commencing significant renovations or new construction of courts buildings, psychological research should be reviewed and appropriately tailored studies undertaken to consider the design variables which may influence aggressive behaviour and affect the safety of participants in the justice system. 411. All courts should develop safety plans, including (but not limited to) signs in various languages advising people where to go or whom to contact if they feel unsafe. Secure areas 34.20 One might assume that people arriving at court in a secure prison vehicle or from a police station experience more stress than most courtusers. Some individuals also may be violent or aggressive. The environment provided for them is of the utmost importance yet in nearly all facilities inspected for this Report the holding cells and detention facilities were psychologically depriving. The cells had concrete floors, stark ‘anti-graffiti’ painted walls, hard benches and no natural light or outlook. Holding individuals in demeaning conditions contradicts notions of justice and signals that accused persons are considered guilty before their cases are heard. 34.21 Studies indicate that environments of deprivation make residents devalue themselves with a resultant loss of self-esteem and self-respect. A vicious cycle of damage, repair and even greater damage is the inevitable result. More appropriate accommodation may reduce maintenance costs and also may reduce the level of hostility to which police and court staff are subjected. Given that security staff and police work in secure areas, improved secure areas not only benefit defendants but also those for whom the area is a work environment. 308

THE COURT ENVIRONMENT 412. Future court design briefs should specify secure areas which accord greater respect for those who are held in them and also those who work in them, without diminishing the level of security. Public foyers 34.22 Public parts of a court building include the foyer, the registry, waiting areas, interview rooms and shared service areas. Foyers are places where people enter the courthouse, orientate themselves, meet others and access services such as the registry. People also enter the ‘culture’ of the courts in the foyer. People entering an unfamiliar building in a state of distraction often may miss signs, instructions and warnings. A crucial issue is the design and location of information services. An excellent example of a well-designed foyer can be found in the Family Court in Sydney. SYDNEY FAMILY COURT FOYER REGISTRY — CLEARLY VISIBLE THROUGH GLASS DOORS TOILETS — LOGICALLY PLACED NEAR LIFTS WHERE USERS CAN FIND THEM SAFE SEATING HELPFUL PERSON AT INFORMATION CENTRE LIFTS — VISIBLE ON ENTRY TO FOYER PROMINENT SIGNBOARD DISCRETE SECURITY BALCONIES TO COURT LEVELS ABOVE WHICH ARE VISIBLE INDICATE DESTINATION OF LIFTS Registries and public waiting rooms 34.23 Waiting rooms, where people wait for their cases to be called or enter into informal conferences and negotiations, often are full of people who are anxious, bored, impatient, angry, and occasionally, violent. In some matters, such as restraining order applications, issues of privacy are paramount. In small country courthouses registry design problems are particularly acute. Other important issues, particularly for registry staff who deal with angry and annoyed users, are adequate staff numbers and training. 34.24 Waiting area design must cater for two conflicting possibilities: chosen contact and safe separation. Waiting areas may provide a last minute 309