Criminology Research Council grant ; (15/79)
This research study sought to examine remand patterns and disposal times in South Australian criminal courts. A total of 498 Adelaide Magistrates Court cases, 243 District Criminal Court cases, and 41 Supreme Court cases were examined.
Sixty two percent of Adelaide Magistrates Court cases were dealt with in one month or less, 75 percent were dealt with in two months or less, and 82 percent were dealt with in three months or less. The mean time from the first court appearance to disposition of offenders prosecuted in the Adelaide Magistrates Court was 2.1 months. Defendants pleading guilty took a mean time of 1.9 months to be dealt with. Defendants pleading not guilty took a mean time of 3.5 months to be dealt with.
Twenty nine percent of Adelaide Magistrates Court cases were dealt with at first appearance. Seventy three percent of cases produced two remands or less. Cases showed a mean of 1.8 remands.
Defendants pleading guilty in the District Criminal Court were dealt with in a mean time of 109 days from first appearance to disposition. Defendants pleading not guilty in the District Criminal Court were dealt with in a mean time of 197 days from first appearance to disposition. District Criminal Court cases showed a mean of four remands where defendants pleaded guilty, and a mean of 6.1 remands where defendants pleaded not guilty.
Defendants pleading guilty in the Supreme Court were dealt with in a mean time of 115 days from first appearance to disposition. Defendants pleading not guilty in the Supreme Court were dealt with in a mean time of 233 days from first appearance to disposition. Supreme Court cases showed a mean of 4.7 remands where defendants pleaded guilty and 7.2 remands where defendants pleaded not guilty.
Fifty three percent (128) of District Criminal Court defendants were remanded for sentence: eight defendants were remanded on bail. Of the 120 District Criminal Court defendants remanded in custody for sentence, 65 were imprisoned and 55 were given non-custodial sentences.
Fifty nine percent (24) of Supreme Court defendants were remanded for sentence: all were remanded in custody. Of the 24 Supreme Court defendants remanded in custody for sentence, 15 were imprisoned and nine were given non-custodial sentences.
It has been recommended that:
- Detailed reasons for remands be recorded on court files;
- Research be conducted to identify reasons for remands at the various stages of the criminal court process;
- A first remand in the Magistrates Court be no longer than three weeks and subsequent remands be no longer than two weeks unless in the opinion of the court special reasons justify an extended remand;
- Special reasons for extended remands be recorded on the court file;
- At each remand defendants or counsel be required to explain delays and to indicate to the court the state of their preparation for the proceedings;
- Defendants committed for trial or sentence in a particular month be dealt with by the higher courts in the following month;
- Procedures be revised to accommodate the recommendation immediately above;
- Extended resources be provided to the courts so that trials are not unreasonably delayed because courts or judges are unavailable;
- All defendants who are remanded for sentence should be remanded on bail unless a term of immediate imprisonment is likely to be imposed.