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Problems of Delay in Criminal Proceedings - Proceedings of a Seminar

NCJ Number
70352
Date Published
1980
Length
136 pages
Annotation
Proceedings are provided of a seminar conducted by the Institute of Criminology of the Sydney University Law School on the problems of delay in criminal proceedings--primarily in the Supreme, District, and Magistrates Courts in Australia.
Abstract
The first of the two main papers analyzes the causes of delay between committal and trial for criminal proceedings in the Supreme and District Courts and proposes solutions for the delays. The second main paper presents and exhaustive analysis, supported by 20 pages of caseload data, on the causes, effects, and remedies of delays in magistrates courts in New South Wales in Australia. Several brief commentaries by criminal justice officials on each paper present critical comments on the proposed solutions to problems of court delay and propose other remedies as well. Three discussion papers also advance possible solutions for delay in criminal proceedings. The first discussion paper describes 'judgment by decree' procedures in the lower Italian courts, which are invoked by the judge under specified circumstances to expedite criminal cases. The second paper discusses the imposition of a time limit for the conclusion of criminal proceedings. The third paper proposes that all offenses be tried by one level of first instance courts, with provision for review and limited appeal and, perhaps, the restriction of jury trials for certain crimes involving specific intent. A concluding section presents other comparatively brief commentaries on court delay problems by other seminar participants.

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