Final Report (September 1999) - Law Reform Commission of ...
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
REVIEW OF THE CRIMINAL AND CIVIL JU
REVIEW OF THE CRIMINAL AND CIVIL JU
1 Touchstones The legal system on t
TOUCHSTONES Procedure Expense and d
TOUCHSTONES criminal justice system
TOUCHSTONES him or her adversely. W
2 The Justice System The existing s
THE JUSTICE SYSTEM acts even though
THE JUSTICE SYSTEM various Acts and
3 The Civil System The origins of o
THE CIVIL SYSTEM • in which a dis
THE CIVIL SYSTEM Pleadings as forma
THE CIVIL SYSTEM • settlement and
THE CIVIL SYSTEM own costs but also
4 The Criminal System The criminal
THE CRIMINAL SYSTEM Sessions. If a
THE CRIMINAL SYSTEM Jury or judge a
5 Measuring the Justice System The
MEASURING THE JUSTICE SYSTEM civil
MEASURING THE JUSTICE SYSTEM increa
MEASURING THE JUSTICE SYSTEM • th
6 The Adversarial System of Civil L
THE ADVERSARIAL SYSTEM OF CIVIL LIT
THE ADVERSARIAL SYSTEM OF CIVIL LIT
7 The Adversarial System of Crimina
THE ADVERSARIAL SYSTEM OF CRIMINAL
THE ADVERSARIAL SYSTEM OF CRIMINAL
THE ADVERSARIAL SYSTEM OF CRIMINAL
THE ADVERSARIAL SYSTEM OF CRIMINAL
8 Civil System — Overview Alterna
CIVIL SYSTEM — OVERVIEW 8.7 The S
9 Means of Commencing Civil Proceed
MEANS OF COMMENCING CIVIL PROCEEDIN
10 Pleadings What are pleadings? Ar
PLEADINGS Accordingly, we recommend
PLEADINGS What should case statemen
PLEADINGS highly critical of the cu
PLEADINGS Amending case statements
PLEADINGS (1) the documentation for
11 Alternative Dispute Resolution W
ALTERNATIVE DISPUTE RESOLUTION or w
ALTERNATIVE DISPUTE RESOLUTION Acce
ALTERNATIVE DISPUTE RESOLUTION to b
ALTERNATIVE DISPUTE RESOLUTION It w
ALTERNATIVE DISPUTE RESOLUTION 63.
ALTERNATIVE DISPUTE RESOLUTION to m
12 Case Management Case management
CASE MANAGEMENT 78. A listing confe
CASE MANAGEMENT 81. Any case dismis
13 Disclosure What is discovery? Un
DISCLOSURE directly relevant to a m
DISCLOSURE 89. When it is clear tha
14 Summary Judgment, Interlocutory
SUMMARY JUDGMENT, INTERLOCUTORY INJ
SUMMARY JUDGMENT, INTERLOCUTORY INJ
SUMMARY JUDGMENT, INTERLOCUTORY INJ
15 Written and Oral Submissions Wri
WRITTEN AND ORAL SUBMISSIONS should
16 Civil System — Costs Civil cos
CIVIL SYSTEM — COSTS 116. Order 8
CIVIL SYSTEM — COSTS quantum invo
CIVIL SYSTEM — COSTS 123. The req
CIVIL SYSTEM — COSTS 128. An Orde
CIVIL SYSTEM — COSTS Assessment o
CIVIL SYSTEM — COSTS Lump sum cos
CIVIL SYSTEM — COSTS Costs to det
CIVIL SYSTEM — COSTS the end of t
17 Local Courts The Local Court Equ
LOCAL COURTS Commencing proceedings
LOCAL COURTS 168. If a party verifi
LOCAL COURTS 171. Notice of Intenti
LOCAL COURTS 178. As soon as practi
LOCAL COURTS Summary judgment in th
LOCAL COURTS Witnesses 17.26 We are
18 Self-Represented Litigants Self-
SELF-REPRESENTED LITIGANTS we are c
SELF-REPRESENTED LITIGANTS make cou
SELF-REPRESENTED LITIGANTS how to i
19 Unreasonable and Malicious Litig
UNREASONABLE AND MALICIOUS LITIGANT
UNREASONABLE AND MALICIOUS LITIGANT
20 Evidence Why is there a law of e
EVIDENCE • it contains a number o
EVIDENCE evidence is minimised at t
EVIDENCE in chief. The exchange of
21 The Limits of Examination and Cr
THE LIMITS OF EXAMINATION AND CROSS
THE LIMITS OF EXAMINATION AND CROSS
THE LIMITS OF EXAMINATION AND CROSS
THE LIMITS OF EXAMINATION AND CROSS
22 Expert Evidence Expert evidence
EXPERT EVIDENCE exchange of expert
EXPERT EVIDENCE opposing party subp
EXPERT EVIDENCE Concerns over not r
23 Criminal System — Overview The
CRIMINAL SYSTEM — OVERVIEW basis
24 The ‘Right to Silence’ What
THE ‘RIGHT TO SILENCE’ speaking
THE ‘RIGHT TO SILENCE’ The defe
THE ‘RIGHT TO SILENCE’ ii. iii.
25 Alternative Criminal Charge Reso
ALTERNATIVE CRIMINAL CHARGE RESOLUT
ALTERNATIVE CRIMINAL CHARGE RESOLUT
ALTERNATIVE CRIMINAL CHARGE RESOLUT
26 Joinder Fair trials and the issu
JOINDER 271. The existing principle
JOINDER 273. The existing principle
27 Criminal Process in the Court of
CRIMINAL PROCESS IN THE COURT OF PE
CRIMINAL PROCESS IN THE COURT OF PE
CRIMINAL PROCESS IN THE COURT OF PE
CRIMINAL PROCESS IN THE COURT OF PE
CRIMINAL PROCESS IN THE COURT OF PE
CRIMINAL PROCESS IN THE COURT OF PE
CRIMINAL PROCESS IN THE COURT OF PE
28 Preliminary Hearings What are pr
PRELIMINARY HEARINGS brief at trial
PRELIMINARY HEARINGS to be tendered
PRELIMINARY HEARINGS Proposal G Abo
29 Criminal Process in the Higher C
CRIMINAL PROCESS IN THE HIGHER COUR
CRIMINAL PROCESS IN THE HIGHER COUR
CRIMINAL PROCESS IN THE HIGHER COUR
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Bibliography of In-text References
BIBLIOGRAPHY of Court Rules and Pro
BIBLIOGRAPHY Family Law Act 1975 (C
REVIEW OF THE CRIMINAL AND CIVIL JU
List of Recommendations The justice
RECOMMENDATIONS 14. The Criminal Co
RECOMMENDATIONS (3) the practitione
RECOMMENDATIONS (2) if a practition
RECOMMENDATIONS 54. The current pra
RECOMMENDATIONS 74. The neutral con
RECOMMENDATIONS specified in the li
RECOMMENDATIONS 106. Either party s
RECOMMENDATIONS 124. Court staff sh
RECOMMENDATIONS 141. Limited contin
RECOMMENDATIONS 160. All Local Cour
RECOMMENDATIONS 174. Unless good ca
RECOMMENDATIONS practice direction
RECOMMENDATIONS 203. The Local Cour
RECOMMENDATIONS (3) The Act include
RECOMMENDATIONS 226. The use and ex
RECOMMENDATIONS 246. Where there ar
RECOMMENDATIONS 258. If practicable
RECOMMENDATIONS can be overcome by
RECOMMENDATIONS (3) enabling senten
RECOMMENDATIONS (3) any other agree
RECOMMENDATIONS at the close of the
RECOMMENDATIONS 340. When a ruling
RECOMMENDATIONS be made before the
RECOMMENDATIONS 376. The WACAT shou
RECOMMENDATIONS 393. Full-time and
RECOMMENDATIONS seek feedback from
RECOMMENDATIONS 436. All technologi