332
Delivering Justice for All
40
The new Community Court must be supported by the detailed process and
culture changes we call for. But these changes, even if accompanied by increased
resources, will not by themselves turn around entrenched attitudes and practice.
One of the main reasons for establishing a new court is to ensure there can be a
new start, with leadership by a principal judge and commitment from the
judiciary, administration, legal profession and the community. Furthermore,
effective change must be ongoing and build on lessons learnt along the way.
41
In addition to proposals directly relevant to the Community Court, other
proposals make an important contribution to the objective of establishing a more
effective court at this level including proposals to improve access to information
and initial legal advice, to reduce costs and enhance the use of alternative
processes outside the court.
42
It is difficult to predict the final balance sheet between possible new costs and
potential savings in relation to the whole package of recommendations for the
new Community Court. We suggest that better informed litigants and defendants,
increased use of administrative staff, fewer delays and process changes should
significantly decrease the amount of hearing time required from judges, and give
them time to work more effectively. There will be no need for significant change
in the facilities of current District Court buildings. The major shift of work from
the High Court to the primary court level should, in the medium term, reduce
overall judicial costs as the cost of a High Court judge is significantly greater.
43
The use of community justice officers should bring efficiencies in terms of dealing
with cases expeditiously and appropriately, and can be seen as a new cost the
system must face in order to ensure it meets the essential standards of an
effective court system.
Wider significance of the summary criminal jurisdiction
44
There may also be wider economic benefits that justify increased investment on
the Community Court. Improved effectiveness there could result in less
expenditure by parties, and by other government-funded justice agencies.
45
The summary criminal court is the place that first, usually young, offenders
experience the court system. Numerous studies and our own investigation have
shown that their experience of the court is far from beneficial in terms of
changing behaviour young defendants often neither understand the process
nor what has happened to them personally. A lack of resource for the high
volume, less eseriousf end of the courtsf business may reflect the view that
offending of this sort is trivial, and that proper protection and assistance for
defendants is not really required. This ignores the consequences for individuals
and their subsequent criminal involvement.
46
While funding is available for imprisoning people at about $60,000 per year per
inmate, relatively little is available for early intervention, help and
encouragement, which could avoid entrenchment of the offending cycle. If the
