Sentence Disparity,Judge Shopping and Trial Court Delay

Abstract

Until recently, criminal matters finalised by way of a trial in the NSW District Court have been the subject of substantial delays. In 1990–93, there was a significant drop in the backlog of trial cases pending in the court but the corresponding reduction in trial court delay has been less substantial than might have been expected. The article draws on past research showing that adjournments contribute significantly to trial court delay and considers the question of whether the practice of 'judge shopping' might in part be responsible for the high rate of adjournments. Evidence is presented showing that there are substantial disparities in the use of imprisonment by District Court judges and that this appears to be a determining factor in the willingness of defendants to proceed to trial.