Deliberative Forum on Criminal Trial Reform - June 2000
Report
Overview
Many of the recommendations in this report mirror the recommendations of the Standing Committee of Attorneys-General (SCAG) Working Group on Criminal Trial Procedure contained in the report of September 1999 (Martin Report). The Deliberative Forum on Criminal Trial Reform used the Martin Report recommendations as the starting point of its deliberations.
The Deliberative Forum, made up of persons nominated by the Attorneys-General of the Commonwealth, State and Territory Governments, was preceded by the National Conference of Criminal Trial Reform, hosted jointly by the Australian Institute of Judicial Administration (AIJA) and SCAG in Melbourne on 24-25 March 2000. The Conference, like the Deliberative Forum, had as its starting point the Martin Report recommendations. The Conference papers, many of which were presented by members of the Deliberative Forum, analysed existing law and practice and suggested models for reform of criminal trial procedure.
The Deliberative Forum, which met on 26 March 2000, immediately after the Conference, provided an opportunity for members to debate the relative merits of each of the relevant Martin Report recommendations in conjunction with other reform proposals arising from the individual Conference presentations.
In addition to the Martin Report, other recent reports and legislative initiatives, including the Western Australian Law Reform Commission Review of the Criminal and Civil Justice System (September 1999) and the operation of the Crimes (Criminal Trials) Act 1999 in Victoria, provided sources for the Deliberative Forum deliberations. The final recommendations and collective comments from members of the Deliberative Forum, including additional comments following the meeting of 26 March, have been incorporated into this report.
