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Victoria to implement major justice overhaul due to COVID-19

Judge-only trials will be allowed in Victoria during the coronavirus crisis if the defendant and prosecution agree, under temporary laws to be introduced into State Parliament today.

user iconTony Zhang 23 April 2020 Big Law
Attorney-General Jill Hennessy
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Magistrates also will be given the power to impose electronic monitoring conditions on offenders who are on community correction orders. Currently, that power resides only with higher courts.

“It’s very important that we try to keep the wheels of justice turning,” Attorney-General Jill Hennessy said.

“It’s about making sure that the courts, the corrections system and other parts of the legal system are able to work as much as they possibly can.”

 
 

Major changes to the justice system include judge-only trials if both the defendant and prosecution agree, bringing the state temporarily into line with the ACT, NSW, South Australia, Queensland and Western Australia.

Magistrates will be able to impose electronic monitoring conditions for community correction orders, which can currently only be done by higher courts.

These add to other major changes to the justice system due to the pandemic, with bail reporting conditions suspended for all Victorians accused of crimes.

That decision is expected to affect about 3,000 people currently on bail and who, on average, make 10,000 visits to police stations every week.

“Everything has to change,” Premier Daniel Andrews said. That’s just the nature of these things.”

Parliament will hold a one-day sitting today to pass a series of bills that include budget measures as well as the omnibus bill, a document hundreds of pages long that lays out the temporary measures.

Ms Hennessy unveiled the massive omnibus bill on Tuesday, outlining changes to the health system, courts, local government and rental market in response to the pandemic.

Many of the changes affect the justice system, with the Andrews government giving the courts the power to reduce person-to-person interactions, including allowing for the electronic filing of affidavits.

The laws will allow for judge-only trials in cases where the defendant has agreed and the prosecution has been consulted.

The state has been investigating allowing judge-only trials under normal circumstances.

It was reported some criminal defence lawyers are against the idea, arguing juries rarely get it wrong.

There will also be special quarantine orders for prisons in a bid to manage the risk of the virus to staff and inmates.

“These are temporary changes – but they’re necessary changes. This is about responding to the challenges of physical distancing and, ultimately, saving lives,” Ms Hennessy said.

Changes will require careful oversight 

With the new proposed legislation in place however, the Law Institute of Victoria has commented that these changes are unprecedented and will require careful oversight to protect rights.

LIV president Sam Pandya said the changes were necessary to ensure the justice system is able to continue to function during the coronavirus epidemic.

“Access to our courts and the proper operation of jails, police stations and youth detention centres are essential services which must be preserved during this crisis,” Mr Pandya said.

He said that the COVID-19 Omnibus (Emergency Measures) Bill 2020 did contain a number of checks and balances including sunset clauses and oversights by judges and lawyers.

“Courts and prisons and justice centres have had to change the way they operate to keep people safe during this public health crisis,” he said.

Mr Pandya said the LIV supported a number of the measures including judge-alone trials in criminal matters, where the accused has had access to legal advice and agrees to forgo the right to a jury trial.

Greater use of video links and other measures including that a lawyer can attend some hearings in place of a client, with consent, are also to be legislated.

Regulations will outline the broader use of technology in order to witness documents, including wills and affidavits.

And bail amendments to remove reporting requirements will help protect people on bail, those they are living with, and Victoria Police from a greater risk of infection.

“We cannot have the wheels of justice grind to a halt over the next six months while we wait for this crisis to pass,” Mr Pandya said.

“Timely access to justice is important and the oversight of the courts and the legal profession will ensure that people’s rights are respected during this difficult period.”

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