Context and controversies of Australian Courts

Camilleri, Marg; Harkness, Alistair

Title: Context and controversies of Australian Courts
Creator: Camilleri, Marg; Harkness, Alistair
Date: 2023
Type: Text; Book chapter
Identifier: http://researchonline.federation.edu.au/vital/access/HandleResolver/1959.17/192859
Identifier: vital:18065
Identifier: https://doi.org/10.1007/978-3-031-19063-6_1
Identifier: ISBN:9783031190636 (ISBN); 9783031190629 (ISBN)
Abstract: As with most criminal justice systems internationally, the Australian system is not immune from controversy-both historically and contemporaneously. The arrival of the First Fleet in 1788 imposed monumental and ongoing systemic change for First Nations peoples, the impacts of which remain. This chapter is divided into two parts. The first charts the development of courts within the Australian criminal justice system, both historically and theoretically. The second identifies controversies which exist across various Australian court jurisdictions. A critical role of a justice system is to ensure fair and equitable access to all its systems and processes. To this end, five critical matters can be considered when contemplating access to the courts: (i) access to and financial imposts of legal representation; (ii) physical infrastructure; (iii) access to rehabilitation options; (iv) justice delays; and (v) participatory justice. © The Editor(s)(if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022.
Publisher: Springer International Publishing
Relation: Australian Courts: Controversies, Challenges and Change Chapter 1 p. 1-18
Rights: All metadata describing materials held in, or linked to, the repository is freely available under a CC0 licence
Subject: Access to justice; Australian courts; Criminal justice systems; Historical development of courts; Theorising functions of courts
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