1 00:00:00,480 --> 00:00:01,680 Speaker 1: On another subject altogether. 2 00:00:01,720 --> 00:00:04,240 Speaker 2: The Chief District Court Judge has a plan for dealing 3 00:00:04,280 --> 00:00:05,920 Speaker 2: to the backlog that we have in the courts at 4 00:00:05,960 --> 00:00:09,079 Speaker 2: the moment. He's introducing time frame goals to try to 5 00:00:09,119 --> 00:00:11,360 Speaker 2: speed things up. So he's going to divide charges into 6 00:00:11,400 --> 00:00:14,280 Speaker 2: a bunch of categories, and each category has a time 7 00:00:14,360 --> 00:00:16,400 Speaker 2: frame that it must now be dealt with in Steve 8 00:00:16,480 --> 00:00:18,040 Speaker 2: Cullen is a criminal lawyer and is with us. 9 00:00:18,040 --> 00:00:18,160 Speaker 1: Now. 10 00:00:18,160 --> 00:00:20,239 Speaker 3: Hey Steve, oh good afternoon. 11 00:00:20,280 --> 00:00:21,240 Speaker 1: Can you support this idea? 12 00:00:22,160 --> 00:00:24,160 Speaker 3: Oh, it's a really good idea. We have had our 13 00:00:24,239 --> 00:00:27,160 Speaker 3: charges divided up into categories to quite some time camel 14 00:00:27,200 --> 00:00:29,560 Speaker 3: with a Criminal Procedure Act. What we have now are 15 00:00:29,600 --> 00:00:33,000 Speaker 3: guidelines been distributed by the Chief District Court Judge saying well, 16 00:00:33,080 --> 00:00:35,840 Speaker 3: let's try and work towards speeding everything up. Yet again, 17 00:00:36,080 --> 00:00:39,120 Speaker 3: they're done phenomenally well in a post COVID world. We're 18 00:00:39,200 --> 00:00:41,360 Speaker 3: up the eighty one percent of cases at the moment 19 00:00:41,400 --> 00:00:44,160 Speaker 3: comply with these guidelines that the Chief District Court Judge 20 00:00:44,240 --> 00:00:46,239 Speaker 3: is issued, and the target now is to get that 21 00:00:46,320 --> 00:00:47,200 Speaker 3: up to ninety percent. 22 00:00:47,720 --> 00:00:51,199 Speaker 2: So the least serious category, category one is where there 23 00:00:51,240 --> 00:00:54,639 Speaker 2: is no risk of imprisonment and the example use it. 24 00:00:54,600 --> 00:00:56,720 Speaker 3: May be on the Yes, it may be on the books. 25 00:00:56,720 --> 00:00:58,480 Speaker 3: For example, you may have a three month next month 26 00:00:58,520 --> 00:01:01,440 Speaker 3: gyms imprisonment such as aplies to drink driving in various 27 00:01:01,480 --> 00:01:03,960 Speaker 3: other what used to be called summary matters, but nobody 28 00:01:03,960 --> 00:01:06,080 Speaker 3: ever is going to be jailed for a first offense 29 00:01:06,120 --> 00:01:09,040 Speaker 3: of that type. Yeah, those matters are dealt. 30 00:01:08,880 --> 00:01:11,039 Speaker 2: With, and that has to be dealt with within six months, right, 31 00:01:11,080 --> 00:01:14,319 Speaker 2: And the example being used is Kerry Allen's case. But 32 00:01:14,400 --> 00:01:17,160 Speaker 2: Kerry Allen's case wasn't dealt with within six months, was it? 33 00:01:17,560 --> 00:01:20,440 Speaker 3: No? And the difficulty is you're hurting cats. You're dealing 34 00:01:20,480 --> 00:01:23,440 Speaker 3: with people in the criminal sphere who often have reasons 35 00:01:23,440 --> 00:01:25,600 Speaker 3: to want to delay, whether it be the tact that 36 00:01:25,600 --> 00:01:28,080 Speaker 3: they've got other cases on foot, or they've got their 37 00:01:28,080 --> 00:01:30,840 Speaker 3: own personal issues that mean they don't want the matter progressed. 38 00:01:31,120 --> 00:01:33,399 Speaker 3: There are a lot of complexities and that's why the 39 00:01:33,480 --> 00:01:35,760 Speaker 3: judge said, has honor said that, well, there may be 40 00:01:35,800 --> 00:01:38,560 Speaker 3: some difficulties in some cases, let's try and work towards 41 00:01:38,560 --> 00:01:39,240 Speaker 3: speeding them up. 42 00:01:39,440 --> 00:01:40,680 Speaker 1: Is that so? Yeah? 43 00:01:40,720 --> 00:01:42,199 Speaker 2: I was going to say, I mean, he obviously doesn't 44 00:01:42,200 --> 00:01:44,520 Speaker 2: have control of everything what Kerry Allen did in the 45 00:01:44,560 --> 00:01:46,040 Speaker 2: delaying in that particular care case. 46 00:01:46,080 --> 00:01:47,920 Speaker 1: Is that unusual? That's not the norm. 47 00:01:48,520 --> 00:01:51,960 Speaker 3: No, that's not unusual at all. There's multiplicity of reasons 48 00:01:51,960 --> 00:01:53,640 Speaker 3: why people can te let them have a new job 49 00:01:53,680 --> 00:01:56,480 Speaker 3: and they don't want to be disqualified immediately when they're 50 00:01:56,520 --> 00:01:58,560 Speaker 3: only two or three months into a new job and 51 00:01:58,840 --> 00:02:00,440 Speaker 3: come and crying and say I need to buy a 52 00:02:00,480 --> 00:02:03,680 Speaker 3: little bit of time zone. So it's normal, it's normal 53 00:02:03,760 --> 00:02:06,080 Speaker 3: to have part Yes. 54 00:02:05,880 --> 00:02:07,320 Speaker 1: Well then how do you get around that? 55 00:02:08,600 --> 00:02:12,360 Speaker 3: Well, you you implement protocols, you push people, and you 56 00:02:12,480 --> 00:02:15,320 Speaker 3: just try and prod people in the appropriate cases. 57 00:02:15,639 --> 00:02:18,720 Speaker 2: Okay, Category two offenses which carry a maximum of under 58 00:02:18,760 --> 00:02:20,560 Speaker 2: two years in jail. That's dealt with the nine months 59 00:02:20,600 --> 00:02:23,240 Speaker 2: Category three, where the prison sentence can be over two years. 60 00:02:23,280 --> 00:02:26,160 Speaker 2: Like somebody, I don't quite serious stuff, that's fifteen months. 61 00:02:26,200 --> 00:02:29,119 Speaker 2: It's fifteen months reasonable to be dealing with potentially something 62 00:02:29,160 --> 00:02:29,720 Speaker 2: as big as they. 63 00:02:30,639 --> 00:02:33,880 Speaker 3: Yes, because those are heading down the jury trial paths regularly. 64 00:02:33,919 --> 00:02:36,800 Speaker 3: They're not always, but they can be, and that inevitably 65 00:02:36,840 --> 00:02:40,480 Speaker 3: causes further delace because it's more complext Do we mean. 66 00:02:40,400 --> 00:02:42,080 Speaker 1: Do we need to be doing something similar in the 67 00:02:42,120 --> 00:02:42,640 Speaker 1: High Court? 68 00:02:44,280 --> 00:02:47,160 Speaker 3: Well, the High Court is doing quite well. I think 69 00:02:47,360 --> 00:02:49,720 Speaker 3: it seems to be keeping up with what was a 70 00:02:49,800 --> 00:02:52,440 Speaker 3: COVID backlog. They've pushed them through. They had the jurisdiction 71 00:02:52,520 --> 00:02:55,800 Speaker 3: to move some categories of cases down to the Districtorden 72 00:02:55,840 --> 00:02:58,800 Speaker 3: fetem months for example, used to clog the High Court terribly, 73 00:02:58,800 --> 00:03:02,200 Speaker 3: though they're dealt with routinely district court. It's to do 74 00:03:02,280 --> 00:03:06,359 Speaker 3: with the judicial resources, the court resources, and what priorities 75 00:03:06,360 --> 00:03:08,320 Speaker 3: are given to what range of cases. 76 00:03:08,639 --> 00:03:11,560 Speaker 2: I wonder, Steve, I mean all of these. A goal 77 00:03:11,680 --> 00:03:14,160 Speaker 2: is a lofty thing, but it's utterly pointless unless there's 78 00:03:14,160 --> 00:03:16,240 Speaker 2: an incentive or a punishment. I wonder if we should 79 00:03:16,280 --> 00:03:17,800 Speaker 2: be introducing one of those two. 80 00:03:19,120 --> 00:03:22,240 Speaker 3: Well, the difficulty is if you're punishing the client often 81 00:03:22,280 --> 00:03:23,560 Speaker 3: they've got no money. 82 00:03:24,120 --> 00:03:25,440 Speaker 2: If you can to punish them with a little bit 83 00:03:25,440 --> 00:03:28,360 Speaker 2: of an extra bit a tire in the slammer. 84 00:03:29,320 --> 00:03:31,240 Speaker 3: Well then you've got to spend enormous amount of money 85 00:03:31,280 --> 00:03:34,720 Speaker 3: building more prisons to try and it's counterproductive. We're already 86 00:03:34,760 --> 00:03:37,760 Speaker 3: doing that, saying we need a caravan a stick. I 87 00:03:37,840 --> 00:03:40,120 Speaker 3: hear what you're saying, Steve. 88 00:03:40,160 --> 00:03:42,080 Speaker 2: Thank you, I really appreciate your time. As always that 89 00:03:42,160 --> 00:03:44,160 Speaker 2: Steve Cullen, criminal lawyer. 90 00:03:44,960 --> 00:03:48,120 Speaker 3: For more from hither Duplessy Allen Drive. Listen live to 91 00:03:48,240 --> 00:03:51,280 Speaker 3: news talks it'd be from four pm weekdays, or follow 92 00:03:51,320 --> 00:03:53,040 Speaker 3: the podcast on iHeartRadio