Putting People First
The South Australian Government is committed to creating a future criminal justice system that meets community expectations, that protects and supports victims, and that acts quickly and effectively so that offenders face consequences in a timely manner. To do this, reform is required across the entire continuum of the criminal justice system: from police to prisons, victims of crime and witnesses, the legal profession, the judiciary, the courts and the parole board. Transforming Criminal Justice presents bold and brave ideas for reform, considering all the bodies and institutions that are part of the criminal justice system or interact with it. Read more about the initiative.
What's happening right now?
Youth Courth legislation commencing 1 January 2017
The Statutes Amendment (Youth Court) Act 2016 will commence on 1 January 2017. The Act will make a number of changes that will allow the Youth Court to operate in a more flexible manner. These changes will allow magistrates to do more of the work of the Youth Court. The title of the principal judicial officer of the Youth Court will be changed from Senior Judge to Judge.
Read the fact sheet to find out more.
Major Indictable Reform
- Requiring major indictable matters to be the subject of a ‘charge determination’ by the Director of Public Prosecutions (the DPP) prior to the commencement of committal proceedings.
- Giving courts discretion to set out realistic adjournment timeframes that reflect the needs of individual cases, and reduce unnecessary court appearances for a major indictable matter when it is in the Magistrates Court.
- Offering a sliding scale for early guilty pleas or cooperation with the prosecution that would allow for a discount on sentencing of between 10 and 40 per cent, depending
- on the timing.
- The introduction of a tiered disclosure scheme, that will allow for earlier disclosure of primary evidence to defence – helping to encourage earlier guilty pleas and supporting negotiations with prosecution.
- Requiring ‘case statements’ to be filed by prosecution and defence prior to a matter being arraigned in the District or Supreme Courts to identify the matters that are genuinely in dispute, enabling court, police, forensic and prosecution resources to be focused on those matters.
- Encouraging early guilty pleas.
- Download the fact sheet Major Indictable Reform (PDF 183KB).
- Download the Legislative Provisions Comparison Table (PDF 174KB) (to be read in conjunction with the Summary Procedure (Indictable Offences) Amendment Bill 2016.
- Download the Summary Procedure (Indictable Offences) Amendment Bill 2016 (PDF 286KB).
- Download the Criminal Law (Sentencing) (Sentencing Reductions) Amendment Bill 2016 (PDF 49KB).
- Download the Major Indictable Reform Sentencing Reduction Flowchart (PDF 183KB).