Courts Matters Bill

That brings us to Part 4—debate on clauses 85 to 149, and schedules 3 and 4.

Part 4 of the Courts Matters Bill comprises 13 subparts that amend 13 of the Acts governing the operation of the criminal courts and Family Courts. These amendments will improve users’ experiences of the courts, and the efficiency, effectiveness, and timeliness of court proceedings. Again, most of these amendments are minor and technical in nature, and I’ll highlight a few of the significant amendments.

Part 4 amends the Criminal Procedure (Mentally Impaired Persons) Act to reverse the order of the two judicial inquiries that the Act prescribes for assessing if a defendant is fit to stand trial in a criminal court. These two inquiries are called the involvement inquiry and the fitness inquiry. Part 4 will require a judge to first undertake the fitness inquiry, which assesses the defendant’s fitness to stand trial. If the defendant is found to be fit to stand trial, the criminal trial continues. Most defendants are found to be fit to stand trial. The involvement inquiry will only be held if the person is found to be unfit to stand trial. The involvement inquiry assesses if the defendant was involved in the offending. If a judge is satisfied that the defendant probably participated in the offending, the judge will be able to impose the order specified in the Criminal Procedure (Mentally Impaired Persons) Act. Once the bill is enacted, victims and witnesses will only have to give evidence at either the involvement inquiry or the criminal trial. At present, victims and witnesses can suffer unnecessary distress giving evidence at both the involvement inquiry and the criminal trial.

Part 4 amends the Courts (Remote Participation) Act to enable judicial officers and court registrars to allow any participant in a criminal procedure hearing to appear via audio-visual link technology—or AVL, as it’s commonly known. If AVL is available and its use is not contrary to the interests of justice, this will enable participants such as counsel or witnesses to appear via AVL during criminal procedural hearings. Currently, only defendants who are in custody can appear in criminal procedural hearings via AVL if it’s available. AVL can also be used in criminal sentencing, hearings, and in civil proceedings.

Part 4 also amends the Juries Act to authorise court registrars to defer jury service for potential jurors who are not confident of their understanding of the English language. This will provide a much simpler and quicker process. At present, these jurors have to make an application to a judge, often in open court, for their jury service to be deferred.

Part 4 has restricted the release of psychological report writers’ materials under the Care of Children Act so that people can only seek the release of information about themselves. The court will also be able to impose appropriate conditions on the release of these reports. Members may recall that the Justice Committee has recommended this committee consider further changes during this debate to prohibit entirely the release of psychologists’ notes and other materials. The Minister of Justice is leading a review of the 2014 family justice system reforms. We have discussed this matter and are in agreement that this is an important issue and it is better dealt with in the review. This will enable consultation with the Family Court judiciary, the report writers, and the Law Society to ensure that changes made are the right ones.

Part 4 of the Courts Matters Bill will improve users’ experiences of criminal courts and Family Courts by improving their efficiency, effectiveness, and timeliness. I trust that will assist members in the debate.

The question was put that the amendments set out on Supplementary Order Paper 134 in the name of the Hon Aupito William Sio to Part 4 be agreed to.

Amendments agreed to.

Part 4 as amended agreed to.

The question was put that the amendment set out on Supplementary Order Paper 134 in the name of the Hon Aupito William Sio to schedule 1 be agreed to.

Amendment agreed to.

Schedule 1 as amended agreed to.

Schedule 2 agreed to.

Schedule 2A agreed to.

Schedule 3 agreed to.

Schedule 4 agreed to.

Clauses 1 and 2

Clause 1 agreed to.

The question was put that the amendments set out on Supplementary Order Paper 134 in the name of the Hon Aupito William Sio to clause 2 be agreed to.

Amendments agreed to.

Clause 2 as amended agreed to.

Bill to be reported with amendment presently.