The Gazette 1992

GAZETTE

JANUARY/FEBRUARY 1992

Technology on Trial and Trial by Technology This article is a synopsis of a paper given by D. R. Meagher Q.C. of the V i c t o r i an Bar in Australia t o the 9 t h Common- wea l th Law Conference in New Zealand. This synopsis has been p r e p a r ed by David Beattie, judicial administration. The pract- itioner is to be encouraged to lodge process electronically; the court to store it making it available, elect- ronically, to all who are interested in it; and upon a decision being made, the court disseminating the order electronically to all with an interest in it.

so that on arrest and charge there will be immediate transmission of the matter to the court's computer, allocation of date for first hearing, and production in the station for the prisoner of the charge laid against him, with the return date fixed by the court's computer. Thus at the moment of the charge being laid, wherever in Victoria, the court (and so the Law) will be able to exercise judicial control over the disposition of the defendant. Where a summons is issued, there being no arrest, a similar procedure will apply so that on issue, a sum- mons will be recorded automati- cally in the court computer and thereafter brought on for hearing at a court appointed time. "Eventually . . . on arrest and charge there will be immediate transmission of the matter to the Court's computer, allocation of date for the first hearing and production . . . for the prisoner of the charge laid against him, with the return date fixed by the court's computer." Where the matter requires trial in a superior court, the system acc- ommodates commital and referral for trial. It is planned to include a transcript of the commital and electronic storage of documentary exhibits. The file will be referred electronically to the computer system of the Director of Public Prosecutions. The presentment or indictment will be filed by the Director on the court system, and thus become available instantane- ously to the court and defence alike. A computerised system such as this should be operational in Victoria within the next five years,

s o l i c i t o r, a pa r t ner in Rory O'Donne ll & Company and is re- p r oduced w i t h the k i nd consent o f t he C ommo n w e a l th Law Conference. Application to the judicial system The computerisation of court records, and court administration, has been addressed in several places in the Western world, not always with success. On some occasions it has not been seen in the broader view of the overall administration of justice, but rather in the narrower view of administra- tion of a particular court. Thus court administrators have looked to computerisation of some records thought to have special signifi- cance in court administration, leaving the remainder to be re- corded by older means. This limits the usefulness of the system severely, for it relies upon only one of the advantages of computerisa- tion, that of storage and retrieval of information. In other places, a broader view is prevailing. This sees the use of computers as assisting in the general administration of justice in which many members of the com- munity play a part, the legal pro- fession not least of all. It looks beyond the needs of the judge and the court administrators. To that end the proponents of this view seek to exploit another advantage of computerisation, that of com- munication. They call for the storage of all court documents on computer, and then allowing electronic access and dissemina- tion by all who have an interest in

Such systems are being developed in Victoria, Australia. They are seen as being to the advantage of all involved in the judicial system, increasing its efficiency, reducing the cost to the community, and, indeed, in some ways, assisting in the enforcement of the rule of law. Criminal j u r i sd i c t i on Such a system has been introduced by Victoria into the criminal juris- diction exercised by the Magistrates Courts. The police prepare the informations or charges on their own computer system, and transmit them electronically to the court, the defendant getting a printed copy. The court stores it on its computer system, and the matter is automatically scheduled by the computer for hearing. At the hearing the magistrate has a terminal on the bench. He records his decision and a printer immediately produces the order of the court. At the same time, it sends, electronically, a record of the decision to appropriate agencies, such as the Department of Correction (prisons), the motor vehicle licensing agency, and so on. Access to this system will be expanded, so that the lawyer seek- ing to represent a defendant will be able to register his interest and then have direct access from his office computer, thus being able to see the history of the matter and dates for future hearings.

Eventually it is planned that the police station will have a terminal

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