KEY POINTS:
Hopes are high that an experimental scheme to streamline courts from today will deliver faster justice to criminal defendants and victims.
The six-month trial starting at the Manukau and Tauranga district courts and covering many criminal and serious traffic cases is designed to reduce the endemic delays in
the system.
Instigated by the Ministry of Justice and the Law Commission, it aims to speed up the flows of information to defence lawyers from defendants and the police, with the intention of reducing the number of "list court" appearances.
The list court is the site of pre-trial hearings to handle or oversee matters such as early guilty pleas, bail, name suppression, initial disclosure of police information to a defendant, and legal aid.
List court adjournments are common and a function to mark the launch of the pilot project was told of a case which involved 10 such pre-trial hearings.
In a 2005 report, the commission said list courts were beset by unnecessary adjournments, delays and "poor delivery of justice".
It attributed these delays in part to the legal profession, defendants and the police prosecution service.
"Particularly in the Auckland region, the so-called 'car-boot' lawyers - who operate without an office by means of a laptop computer and mobile phone - as a matter of regular practice only meet their client at court, and therefore never receive instructions or progress matters between court hearings."
Some defendants had an interest in delays, particularly those on bail and facing a jail sentence who wanted "to buy time on the outside" - to avoid telling their employer, for instance.
The processes of the police prosecution service could affect the timeliness of its disclosure to a defendant of the evidence against him or her.
Key changes in the pilot project include a recommended limit of two list court hearings, encouraging early disclosure by the police and early instruction of defence lawyers by defendants.
New Zealand Law Society spokesman Jonathan Krebs last night welcomed the pilot project, saying a reduction in delays would be good for defendants, victims and everyone else. It would also lower the costs ofjustice.
"The key aspect I think is that judges will be encouraged to put the pressure on all other stakeholders within the system to ensure that things are dealt with quickly and that there is not slippage."
"We're encouraging defence lawyers to embrace the project."
A senior Counties Manukau police prosecutor, Sergeant Paul Watkins, said the Manukau court was "bursting at the seams", which was partly why the project was being held there.
"It is designed to make the court system more efficient for all users."
FASTER HEARINGS
The pilot project includes:
* Police are encouraged to make full and early disclosure of information to defendant.
* Defence lawyers are encouraged to obtain early instructions from clients.
* Generally no more than twopre-trial hearings for administrative matters will be held.
* Legal aid lawyers will be assigned or confirmed before a defendant's second appearance and preferably on the day of application.
