The State’s independent prosecutor has taken a swipe at the slow pace of reforms that would benefit victims of crime in country areas.
Adam Kimber, the Director of Public Prosecutions, expressed his frustration in the DPP’s annual report tabled in parliament yesterday.
While acknowledging progress on reforms to procedures in the Youth Court, Kimber said “nothing substantial has been achieved to date” on long-overdue reforms to prosecution processes in the Magistrates Court in country areas.
“To this end, there have been two initiatives considered over the last 12 months that do not involve legislative reform that I wish to highlight,” he said in his annual review.
“One involves something that has been achieved. The other is yet to be achieved.”
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Under the area he listed as an achievement, the DPP’s prosecutors will take over responsibility for a limited number of major indictable matters listed for trial in the Youth Court.
The new arrangement follows agreement with SA Police.
“Second, the area where nothing substantial has been achieved to date. It is an area where the case for change cannot be questioned,” he said.
“To date nothing has yet been able to be achieved that would see my Office take responsibility for major indictable matters in the Magistrates Court in country areas.”
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Kimber said the proposal stems from an arrnagement dating back 20 years when the DPP staff took over the responsibility for similar work in the metropolitan courts.
“The benefits of this have been considerable.
“Among them, early identification of appropriate charges, greater consistency in prosecution attitudes to resolutions and submissions on sentence, as well as significantly greater engagement with alleged victims by prosecutors and witness assistance staff from an early stage in the court process.
“Despite the undoubted success of that reform almost 20 years ago, it is still the case that like matters in the country courts are handled by police prosecutors.
“The only reasons for this are geography and funding. SAPOL has a presence in many country regions and so these matters are handled by police prosecutors until committed to the District Court or the Supreme Court for trial or sentence. It is only at that time that my Office becomes responsible.
“This approach deprives the accused, alleged victims, the Court and the broader community of the benefits that the early involvement of my Office can bring.
“Geography is no longer a sufficient reason for this to continue.
“Resources like video conferencing are widely, albeit not universally, available in the country courts.
“For this reason alone, it is time for change.
“Such an approach will reduce the burden on police prosecutors in country areas.
“I am not aware of anyone who would suggest that the system would not be improved if this occurred. I am hopeful that the coming 12 months that this is an initiative that can be advanced.”
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