1. Reforms of the Adversarial System

2. Aims of Adversarial System  Provide effective, just and affordable method of dispute resolution.

3. Key points of Adversarial System  Presumption of innocence, which is the ‘golden thread’ of the system  Search for truth will be best achieved by a contest between two parties with an incentive.  Determination of dispute to be determined by a impartial third party.  Presumption of innocence, which is the ‘golden thread’ of the system  Search for truth will be best achieved by a contest between two parties with an incentive.  Determination of dispute to be determined by a impartial third party.

4. Problems of the adversarial system  Inefficienttime money  Complex  Unjust  Manipulation of the rules for victory instead of a ‘search for the truth’  Inefficienttime money  Complex  Unjust  Manipulation of the rules for victory instead of a ‘search for the truth’

5. Aims of Reform?  In March, 2000 Law Reform Commission completed an examination of criminal and civil justice system.  It’s job was to make recommendations to ensure a faster, more assessable, simplified, and less expensive justice system.  In March, 2000 Law Reform Commission completed an examination of criminal and civil justice system.  It’s job was to make recommendations to ensure a faster, more assessable, simplified, and less expensive justice system.

6. Reforms Pre-trial  Civil Cases 1.Combine some forms/ steps i.e.. Statement of claim and Writ of summons 2.More power to Judges. 3.Make ADR compulsory for all civil cases.( Approx 95% of all cases set down for litigation by a court do not proceed after ADR)  Civil Cases 1.Combine some forms/ steps i.e.. Statement of claim and Writ of summons 2.More power to Judges. 3.Make ADR compulsory for all civil cases.( Approx 95% of all cases set down for litigation by a court do not proceed after ADR)

7. Reforms Pre-trial  Criminal Cases- 1.More power/resources to police/prosectors i.e. collection of evidence. 2.Right to silence modified/removed during investigation. 3.Bail conditions for repeat offenders. 4.Remove Committal hearings  Criminal Cases- 1.More power/resources to police/prosectors i.e. collection of evidence. 2.Right to silence modified/removed during investigation. 3.Bail conditions for repeat offenders. 4.Remove Committal hearings

8. Reforms Trial  Juries- One’s peers? 1.Make more people do jury duty by lessening the exemptions and making duty more appealing. 2.Jury foreman 3.Majority decisions-10 of 12  Juries- One’s peers? 1.Make more people do jury duty by lessening the exemptions and making duty more appealing. 2.Jury foreman 3.Majority decisions-10 of 12

9. Reform Trials  Rules of evidence.  Should they be loosened?  Making relevance the only criteria.  Benefits/Problems?  Rules of evidence.  Should they be loosened?  Making relevance the only criteria.  Benefits/Problems?

10. Trial Reforms  Use of inquisitorial system- police and magistrate work together, suspects must answer questions, magistrate more involved, determines if a trial should proceed, higher suspicion of guilt required.  Defendants who plead ‘NOT GUILTY’ must outline basis for defence.  Use of inquisitorial system- police and magistrate work together, suspects must answer questions, magistrate more involved, determines if a trial should proceed, higher suspicion of guilt required.  Defendants who plead ‘NOT GUILTY’ must outline basis for defence.

11. Post-Trial  Greater sentencing options to keep first offenders and minor criminals away from hardened criminals. To avoid the ‘University of Crime”  ie. Home detention, suspended sentences  Remove legislative restrictions i.e. mandatory sentencing  Greater sentencing options to keep first offenders and minor criminals away from hardened criminals. To avoid the ‘University of Crime”  ie. Home detention, suspended sentences  Remove legislative restrictions i.e. mandatory sentencing

12. Post-Trial  Ensure jails are places of rehabilitation/ reform by providing legitimate opportunities for income and counseling for ‘issues’.

13. Post-Trial Civil  Very hard for winner’s of civil cases to get proceedings from defeated party if they are poor or uncooperative. Still an area of concern for the legal system  Trying to codify procedures for recovery of damages and costs but can be very slow/small(i.e. $5 a month)  Very hard for winner’s of civil cases to get proceedings from defeated party if they are poor or uncooperative. Still an area of concern for the legal system  Trying to codify procedures for recovery of damages and costs but can be very slow/small(i.e. $5 a month)

14. Reforms  Most reforms are contentious as they can be controversial.  All of your suggested reforms must be evaluated to look at advantages and disadvantages.  Most reforms are contentious as they can be controversial.  All of your suggested reforms must be evaluated to look at advantages and disadvantages.