MAGISTRATES COURT

Some 4237 matters were completed during the year, with 3144 been found proved. This was an increase of 9.4% in matters completed over the previous year. Coming as it did on top of the Blitz in the Supreme Court, the increase placed great pressure on the Office. All indications are that the Magistrates Court is as busy as it has been in recent years. A full complement of Magistrates - the first time for some years this had been achieved - was no doubt partly responsible for the increased completion rate.

The number of accused committed to the Supreme Court for trial or sentence was up slightly this year (254 this year, 240 last year).

Meeting the timetable set out in a Practice Direction for the service of briefs continues to be a challenge, and the rate of compliance was well under target during the reporting period. Certainly, the Office is dependent upon the AFP to provide material in a timely manner and this is part of the explanation. However, the main reason lies in the enormous burden on resources required to service the Supreme Court practice this year.

CHILDRENS COURT

The Court remains busy. During the reporting period some 454 summary matters were concluded (with 344 being proved), and 29 matters were committed from the Court to the Supreme Court. These figures were in line with last year.

RESTORATIVE JUSTICE

Restorative Justice (RJ) is a process established by the Crimes (Restorative Justice) Act 2004. The process provides an opportunity for young offenders and victims to discuss in conference the harm caused by an offence and to work towards repairing that harm. Participation in RJ is voluntary, and designed to work alongside other criminal justice processes.

RJ is only available in the Childrens Court and only applies to those offences that can be dealt with summarily, and do not involve family or sexual violence. RJ aims to provide the victim with an opportunity to express how an offence has affected them, while offering a young offender an opportunity to accept responsibility for their actions and repair the harm that their actions have caused. While RJ is a proper sentencing consideration for the court, successful completion of the RJ process or agreement will not necessarily result in a discontinuation of the prosecution.

This Office is very supportive of the RJ process. The DPP is one of six entities that have the power to refer matters to the RJU for a suitability assessment for participation in the RJ process. The Office refers eligible matters to RJ where a prosecutor has formed the opinion that the objects of the Act would be served by such a referral, and in particular that the victim may benefit from the process. Of course a number of other entities can refer matters for RJ at various stages of the criminal process. Indeed the Court itself frequently refers matters for RJ, after being assured by the prosecutor that a referral is appropriate.

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ANNUAL REPORT  2011-12  DIRECTOR OF PUBLIC PROSECUTIONS                                                                                    14