Court reforms, implemented in 2018, have significantly increased the proportion of matters resolved by an early guilty plea, according to a report from the NSW Bureau of Crime Statistics and Research (BOCSAR).
BOCSAR said the reforms, known as the Early Appropriate Guilty Pleas (EAGP) reforms, were introduced to improve court efficiency by reducing the number of guilty pleas entered on, or close to, the first day of trials.
“The strategies to incentivise early guilty pleas included early certification of charges, increased and earlier negotiation between the defence and prosecution, continuity of legal representation, and statutory sentencing discounts for early guilty pleas,” BOCSAR said.
The Bureau said that since the EAGP reforms were implemented, early guilty pleas in District Court matters increased by 6.5 percentage points (from 70 per cent to 76.5 per cent) and the reforms increased finalisations in the District Court by at least seven additional matters each week.
“It was anticipated that an increase in early guilty pleas would also reduce court delay,” it said.
“However, the study found that, overall, EAGP matters were not resolved faster.”
BOCSAR said the reforms succeeded in reducing case processing time later in proceedings but this was offset by an increase in time matters spent in the Local Court.
The Bureau said most elements of the EAGP reform package were implemented as intended, however, delays were reported in briefs of evidence being served and in the charge certification process.
“More than half reported continuity of legal representation was not always being achieved,” it said.
Director of BOCSAR, Suzanne Poynton said while the reforms were successful in achieving their primary aim to increase early guilty pleas, there was still room for improvement.
“Stakeholders have identified a number of areas where refinements could be made to the EAGP model in order to maximise their benefits,” Dr Poynton said.
BOCSAR’s 22-page report, The impact of the Early Appropriate Guilty Plea reforms on guilty pleas, time to justice, and District Court finalisations, can be accessed at this PS News link.
