The Adversarial System. What is the Adversarial system? The system of dispute resolution used in Australia. Resolution of conflict Relies on an impartial.

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Presentation transcript:

The Adversarial System

What is the Adversarial system? The system of dispute resolution used in Australia. Resolution of conflict Relies on an impartial third party Trial is a contest between two parties.

History Established in England Most used in countries settled by British. These countries known as common law countries.

Where is it used now? England Australia New Zealand Canada India

Aims of the Adversary system Provide an impartial third party Assumption of “innocent until proven guilty” The search for the truth To provide a just, timely and affordable means of dispute resolution

Advantages? The judge/ jury are an impartial third party. Non-bias. Each of the parties has access to legal representation Strict rules in relation to evidence Rules of procedure- equality

More advantages Role of the parties- responsibility to build the best case possible Every person is treated equally, until a claim is proven

Disadvantages? Parties may not exercise rights due to costs of case Jury may not have any or little education/training Expertise of judge wasted

More disadvantages The cost may deter legal action Proceedings may take a significant time All evidence does not have to be presented in court Witnesses must only answer asked questions Search for the truth becomes secondary to the will to win

Alternatives: The inquisitorial system Used in Europe. The key features: Legal representation is compulsory Hearsay is admissible Prior convictions impact outcome of trial Judge conducts witness questioning

How could the system improve? Affordable Timely Jury-Unanimous? Switch to the inquisitorial? All evidence to be submitted to the courts

Thank-you Thank-you

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