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Victoria extends judge-only trials
In response to the news that judge-only trials have been extended for 12 months across the state, the Law Institute of Victoria said it was a “sensible approach” for handling the pandemic and its ongoing effects on the courts and legal community.
Naomi Neilson
President Tania Wolff said the extension of judge-only trials to assist those accused of crimes by providing speedier resolutions was in the interest of the administration of justice, especially considering the significant delays the pandemic has caused.
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“A trial by one’s peers is a fundamental right in the Australian legal system, and any move to restrict the ability of a trial by jury should be carefully considered.
“But the safeguards in place that the accused consents to a judge-alone trial, the court is satisfied that the accused has obtained legal advice on whether to give that consent, and that the court itself considers that it is in the interest of justice to make the order, the LIV supports this decision to extend the option of judge-alone trials for a further 12 months,” Ms Wolff said in a statement shortly after the court update.
Under the Justice Legislation Amendment (Trial by Judge Alone and Other Matters) Bill, access to court via audiovisual link will be temporarily extended. The bill will also delay the commencement of de novo appeals reforms, given the current challenges facing the courts. This will allow time for the justice system to appropriately prepare for these “important procedural changes”.
In respect to the de novo appeals, the LIV welcomed the news and encouraged the government “not to stop at two years”. In the past, it has expressed its serious reservations about the proposed abolition of this “fundamental right and safeguard”.
