Long delays in complex criminal trials can be unfair because evidence for both the prosecution and the defence can be lost or forgotten over time.
Delays also drive up the costs to the community.
In September last year, a working group of leading members of the judiciary and the legal profession reported to the Standing Committee of Attorneys-General with a series of recommendations for reform of the criminal trial process. The report was considered by a deliberative forum in March this year. In Commonwealth cases, this early intervention already occurs under the Guidelines for Dealings between Investigators and the Director of Public Prosecutions . State and Territory public prosecutors have an explicit obligation to disclose relevant material to the defence, in line with the Commonwealth DPP s existing policy. This would clarify the issues for trial at an early stage in order to minimise later delays.