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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,
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
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.
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
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,
35