Case structure,participation and verdict in the Melbourne magistrates' courts

Abstract

Analysis of 907 cases decided by six Melbourne magistrates' courts suggests that the high conviction rates obtaining in these and other courts are largely explicable in terms of the circumstances under which defendants are apprehended, and their behaviour on apprehension. According to prosecution evidence defendants are almost invariably either seen offending or seen to have offended. On apprehension, defendants confess to 85% of the charges against them.

Some of the confessors and almost all the non-confessors plead not guilty. The success of their pleas depends largely on the basis for their defence and to a limited extent on whether they give evidence and are legally represented. The implications of these findings are briefly discussed.