The Opposition unveiled a plan to establish a Court of Criminal Appeal and a Court of Civil Appeal
The Victoria Bar has cautioned against the politicisation of courts after the Liberal Party unveiled a plan to divide the state’s Court of Appeal into a Court of Criminal Appeal and a Court of Civil Appeal.
Party leader Jess Wilson announced the plan on Sunday 23 August. With the split, more judges focusing on criminal matters could be named to the criminal appeals court.
The new court would be authorised to supervise other courts in Victoria to align serious crime sentences with community expectations. It would effect new bail and sentencing legislation set to come into force before Christmas if the Liberals and Nationals team takes the state government.
The criminal appeals court would identify common law precedent through specialist criminal law expertise under enhanced laws. The divide is in line with the party’s community safety restoration plan.
“Victorians have had enough of serious offenders repeatedly being let out on bail and getting nothing more than a slap on the wrist. It is time for a new approach”, Wilson said in a media release published on the party’s website. “Our new criminal court will empower specialist criminal law judges to ensure sentencing of criminals meet community expectations. Each sentence they hand down will form part of case law going forward, helping to establish appropriate consequences for criminal actions”.
The party spotlighted high levels of criminal offending under the existing justice system.
“By creating a Court of Criminal Appeal with specialist criminal law judges to determine common law precedent based on new, stronger legislation, we will ensure that our new tough laws see offenders punished properly when they commit crimes”, said James Newbury, shadow attorney-general, in the media release.
While the Victorian Bar lauded the commitment to bolster court resources through the appointment of additional judges, bar president Fiona Ryan SC said key aspects of the court split pitch were vague.
“The Court of Appeal already does vital work in reviewing decisions of lower courts in criminal matters according to law. It is not yet clear how splitting the Court of Appeal will improve the administration of justice”, Ryan said in a media statement.
She called for a process of deep consideration and comprehensive consultation when it comes to major structural changes to the Supreme Court.
“The Victorian Bar is deeply concerned about any threat to the independence of the judiciary. Courts must not be politicised. Judges must always be appointed on merit, and never with a view to influencing outcomes”, Ryan said. “Any suggestion that judges might be appointed to influence outcomes is to be condemned in the strongest terms. It is anathema to the separation of powers, which is the foundation of community confidence in the independence of the courts”.
She said the bar was open to consulting on court reforms as she emphasised the importance of an independent and apolitical judiciary that “applies the laws enacted by Parliament without fear or favour, and without any regard to their personal views”.
“That independence is essential to the rule of law”, Ryan said.
