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.
Putting people first
The Government of South Australia 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.
What's happening right now?
The Electronic Transactions (Legal Proceedings) Amendment Bill 2017 was passed by Parliament on 29 March 2017. The Bill modifies the Electronic Transactions Act 2000, allowing for the broader use of electronic communications in legal proceedings.
The Bill is part of a number of changes to the law that will allow the criminal justice sector to more easily use electronic communications in its day-to-day operations.
Find out more about improving information sharing.
Youth Court amendments factsheet (PDF 170.92 KB)
Presently, there is a long list of considerations with no guidance about priority. Under the Bill, a judge or magistrate will have to place public safety first with other factors such as rehabilitation, punishment, publicly denouncing an offender and holding them to account given secondary consideration.
The Sentencing Bill broadens the options available to a court, including creating a new type of sentence – an intensive correction order.
Clarification has been given to court-ordered home detention. A number of offences will be excluded. The exclusion would apply to certain offences, including of a violent or sexual nature if the offender has received a home detention sentence for similar offence in the preceding 5 years. In addition, an offender convicted of major drug offences would not be eligible for court-ordered home detention.
The exclusions are similar to those that apply to suspended sentences.
By reducing lengthy delays, the Bill aims to ease the burden on victims of crime and witnesses. In a fundamental change, both prosecution and defence will be required to prepare case statements so the issues in dispute can be identified earlier.
Following consultation on a draft Bill, the government made changes to ensure compliance mechanisms will apply to both the prosecution and defence and that subpoenas are only issued with the consent of the parties or will be overseen by judicial officers. The streamlined system aims to make more efficient use of the resources of police, prosecutors and the judiciary and to reduce backlogs in the courts.