Moving legal infallibility down the chain

Further destabilisation and corrosion proposed for Queensland court system ... Chief Magistrate wants to limit appeals from his court ... Submission to parliamentary committee to amend the Justices Act ... Saving money ... "Freeing-up" the District Court

Chief Madge Carmody and Conveyancer General Bleijie

The Queensland government's favourite beak, Chief Madge Tim Carmody, has lobbied the parliament for legislation to limit appeals from decisions of the Magistrates Court. 

His submission to the parliament's Legal Affairs and Community Safety Committee is the latest in a series of manoeuvres to circumscribe criminal appeals in Queensland. 

Carmody says that appeals from magistrates should be limited to errors of law or on a case stated basis. 

He doesn't want there to be a rehearing in the District Court of magistrates' decisions. 

This, Timbo says, would bring appeals and reviews of magistrates' findings into line with the appeal process in the higher courts. 

It would also save "the time and costs associated with reviews". 

The idea is that the magistrates should to be legally infallible, except on points of law. Carmody lodged his submission not long before amendments to the Youth Justices Act were passed on March 18. 

Those chances dealt with progressive issues close to the heart of the Queensland Conveyancer General - permitting the publication of identifying information for repeat offenders, the removal of the principal that detention is a last resort; childhood findings of guilt are admissible for adult sentencing; and recidivist motor vehicle offenders living in Townsville must be sentenced to a boot camp order.

An information paper about the amendments said: 

"It is intended to remove the review mechanism that a sentence order be reviewed [by] a Childrens' Court judge. Appeals will remain available under s.117 pursuant to the Justices Act 1886." 

The door remains open for further amendment along the lines pushed by the Chief Madge. 

Carmody's proposal for cauterized appeals "overlaps" with previous submissions to the committee on expanding magistrates' jurisdiction and the appointment of additional judicial registrars. 

Tim wants a review of the statute book "to identify provisions in Acts that currently have the effect of a review or appeal from a magistrate resulting in a re-hearing of the matter". 

He writes: 

"It is submitted that even without exact figures as to how many reviews or appeals have been successful, the proposed amendments would have a significant positive effect on the jurisprudence of the Magistrates Court, restricting appeals to a serious issues of law and, in the situation of cases stated any question or questions of law arising from the facts of the case." 

He adds that this would "free up District Court and Childrens Court time". 

His proposal has not been discussed outside the administration of the Magistrates Court, nonetheless Carmody says his proposal "needs to be considered as a matter of urgency". 

Carmody's submission gives the impression that all appeals are rehearings de novo, not rehearings on the record.

As the rest of the Queensland legal community knows, an appeal by way of rehearing does not involve a fresh go at calling all the evidence. 

The CM draws strength in his submission from some obiter by Muir JA in Commissioner of Police v Toomer.  

That was an appeal from the District Court, which had already heard an appeal from a magistrate. The Dizzo heard the appeal on questions of law and fact. The further appeal was limited to questions of law. 

Timbo is a pal and advisor to the Conveyancer General and the expectation is that he will get his derrière on a Supreme Court seat. 

After Patsy Wolfe retires the firm prospect is that Tim will replace her, with the status of a Supremo. The next step further up the food chain is not far off. 

Carmody's submission to the Legal Affairs and Community Safety Committee of Parliament  

For further information see: Carmody's government friendly views on bail applications here and here