P&L12 - Accountability & Rights: Accountability of the Courts

Law Week - May 2008
Opening Address "The State of Justice - The Truth about Crime and Sentencing"
The Hon Wayne Martin Chief Justice of Western Australia

Judges' appointment, tenure, and remuneration

Appeals and related applications from decisions of courts are heard and determined by the Federal Court in its appellate jurisdiction.

The right to a fair and public criminal trial or a fair and public hearing in civil proceedings is one of the guarantees in relation to legal proceedings.

Appellate jurisdiction of High Court

Judges have an important role in criminal proceedings, even when a jury is involved. They must be alert to rule upon the admissibility of evidence, and to observe the credibility of witnesses and their testimony in order to give proper instructions to the jury at the end of the trial. It is also their role to determine the sentence if a person is found guilty.

The judgment necessitated new policies, legislation, and public administration procedures. A wide ranging public and academic debate on native title issues has also ensued and a number of significant court judgments handed down. This paper chronicles some of these key events and reports.