Criminology Research Council grant ; (13/90)
The Summary Jurisdiction in Victoria has seen some dramatic changes to its legislation (e.g. professionalisation of the Bench and the appointment of women) and administration (e.g. computerisation, introduction of the Mention list) over the last decade. This study documents reform of the jurisdiction from the perspective of those with a critical role to play in its transformation - magistrates themselves.
Interviews with approximately one-third of the Bench suggest that it is currently comprised of a group of thoughtful individuals who share a common organisational philosophy. There was a strong sense of their responsibility and accountability to the 'public' and all were conscious of their own role in projecting a positive image of the jurisdiction. Despite limited resources and quite specific concerns about aspects of recent reform to the substantive law (e.g. the effect of the criteria applied in exercising discretion in family violence cases) and organisation of the courts (e.g. the effect of regionalisation of the courts on local communities, the sanitised account of the impact of crime on victims through the abbreviated listing procedure in the Mention Court), there is high morale among the Bench and a commitment to further reform of the jurisdiction to enhance its public image and performance.
To some extent the jurisdiction's receptivity to change is attributable to selective retention and recruitment; those who disliked the changes left; those attracted by them stayed or sought appointment. More important, however, is the existence of an organisational culture which has wedded the traditional values of service to the community with some strands of managerialism. There was, for example, a consciousness of the need to balance 'fairness' with 'efficiency'.
Finally, there are some organisational factors which promote a positive attitude to reform. There is a high degree of collegial autonomy amongst the bench supported by a vigorous commitment to judicial independence and a flat promotional hierarchy which encourages mutual support and assistance.
Reform of the Victorian Magistrates' Courts provides a case study of the impact of change on an organisation which hitherto had been marked by its institutional stability. Understanding the organisational culture which permits such wholesale change has important implications for court management and law reform generally since the best of legislative intentions can be thwarted by unsympathetic implementing agencies.