Appeals Rate Highlights Hulls’ Courts Neglect

The high rate of convictions and sentences being overturned on appeal in Victoria’s courts is further evidence of the pressure the court system is under and of the neglect of the system by Attorney-General Rob Hulls.

Figures published in the media today show that almost half of all appeals against County Court convictions or sentences are being upheld by the Court of Appeal.

“Victoria’s courts are under enormous pressure due to soaring waiting lists and increasingly complex laws,” Shadow Attorney-General Robert Clark said today.

“Every time an appeal is upheld and a re-trial ordered, delays grow longer and the cost to taxpayers rises.”

Productivity Commission figures show that Victoria’s courts have some of the longest waiting lists in the country, with more than 3,500 criminal cases waiting to be heard in the County Court, including more than 700 cases waiting more than 12 months (Report on Government Services 2008 Table 7A.17). Delays of up to four years are not uncommon.

Victoria’s laws are also becoming more and more voluminous and complex under the Bracks and Brumby governments, which have added more than 5,900 pages of additional new laws to Victoria’s statute books since coming to office.

Causing particular concern are laws requiring ever- more complex instructions to juries, which add to the potential for judges to make errors that lead to appeals.

Chief Justice Marilyn Warren warned of growing problems in her 2007 State of the Judicature speech, in which Her Honour highlighted concerns regarding appropriate times within the court system, the number of judges required, and the impact of delays, work volume, timeliness and judge health. As the Chief Justice said:
Victorian citizens should be confident that serious criminal trials and appeals will be disposed of by prompt, energetic and sharp judges — not slow, tired and worn-out judges.

These warnings were reinforced last year by the Director of Public Prosecutions, Jeremy Rapke QC, who pointed out that court waiting lists had reached all-time record highs, and put forward a range of proposals to tackle the problems, including improving the use of technology and the arrangements for listing cases for trial.
“Rob Hulls can’t pass the buck for these problems to judges, lawyers or the court system,” Mr Clark said.
“As the Chief Justice made clear in her State of the Judicature speech, the administration of Victoria’s courts is largely under the control of the Department of Justice and the Attorney-General.
“It is also the Attorney-General’s responsibility to propose the laws that set the framework within which the courts and legal profession operates.

“The New South Wales experience shows that courts can be run much more effectively than they are currently being run in Victoria.

“However, instead of giving Victoria’s courts the administrative support and modern systems and facilities they need, Rob Hulls has been responsible for massive cost blowouts and delays in technology upgrades, such as the Criminal Justice Enhancement Program (CJEP), which was supposed to reduce court waiting lists and speed up the justice system.

“Rather than appointing enough full time judges, Rob Hulls has been trying to save funds by using acting judges, who will find it even harder to cope with the pressures and complexities of being a judge. Appointing acting judges also undermines the independence of the judiciary.

“Instead of appointing 30 new lawyers to the Victorian Government Solicitor’s office to run his complex and unnecessary Charter of Human Rights and Responsibilities, Rob Hulls could have appointed 30 additional experienced prosecutors and legal aid lawyers to help ensure that cases are properly prepared and argued in the first place.

“Rob Hulls must accept much of the responsibility for the waiting lists, complexity, pressure and inadequate support Victoria’s courts are suffering.

“He needs to do the hard work of actually running his portfolio and supporting our court system so victims, their families, witnesses, accused persons and all other litigants can have their cases heard without unreasonable delay and unnecessary appeals,” Mr Clark said.