An effective legal system – continued...

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Presentation transcript:

An effective legal system – continued... Chapter 11 An effective legal system – continued...

DELAYS Civil causes Lack of awareness Increases in litigation Improved technology Lack of available judges

Civil Changes Pre-trial procedures Direction hearings Pre trial conferences ADR’s Collaborative laws

Criminal causes Reluctance of witnesses Collection of evidence Suspects refusing to cooperate Locating witnesses Committals causing delays

Criminal Changes Special mention Compulsory conferences Direct presentments Hand up brief method Case list management Direction hearing Charge negotiation Sentence indication scheme Acting judges Judicial registrars Extending court hour

Recognition of prevailing values and basic human rights MIGRANTS Different customs Different legal systems Refugees ABORIGIINAL PEOPLE Problems during questioning Taboos Different methods of dispute resolution

Changes CHANGES The Koori Court Division Koori County Court court model Changes CHANGES The Koori Court Division Koori County Court Children’s Koori Court Suggested Changes Education programs Extra funding for legal aid for migrants and Aboriginal Lawyers and judicial training Extending the Koori court model

Recognition of prevailing values and basic human rights Language Barriers Different meanings Changes Interpreters CALD mediators

Recognition of prevailing values and basic human rights Social circumstances Degree of education Degree of financial assistance Gender Occupation Ethnicity Cultural background Marital status Place of residence Perceived biases of judges Judges might not be representative

Changes CHANGES Education of the judiciary Sexual offences list Neighbourhood Justice Centre Mandatory continuing legal education for lawyers Collaborative law Suggested changes Greater use of ADRs Victim offender mediation More advertising of legal rights

Home work Question 13 (delays in civil matters) page 551 Question 14 (Magistrates Criminal matters) page 555 Q15 to 17 (Cultural issues) page 557 Q 18 to 20 (Aboriginal issues) page 561 Q 21 to 23 (Language barriers) page 562-563 Draft answers for Exam Revision Questions 1 to 34 page 579